EIGHT HOUR FRAGRANCE FREE SAMPLING SWEEPSTAKES


OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE ONE’S CHANCES OF WINNING.


SPONSOR: Elizabeth Arden, Inc., 200 Park Avenue South, 7th Floor
New York, NY 10003
.


ADMINISTRATOR: Lippe Taylor, [215 Park Avenue South, 16th Floor, New York, NY 10003].


This Sweepstakes is not sponsored, endorsed or administered by FACEBOOK, nor is FACEBOOK associated with the Sweepstakes in any way. By participating in this Sweepstakes, you (“you” or “Entrant”) acknowledge and agree that you are providing your Entry (as defined below) to Sponsor and not to FACEBOOK, and agree to these Official Rules in all respects. Any questions, comments or complaints regarding the Sweepstakes must be directed to the Sponsor or Administrator, and not to FACEBOOK.

ELIGIBILITY: Eight Hour Fragrance Free Sampling Sweepstakes (the “Sweepstakes”) is open to Entrants, who are, as of Entry, registered users of FACEBOOK, ages 18 and over, and legal residents of, and physically located within, the 50 United States or the District of Columbia (collectively, “Territory”), and are not either employees of Sponsor, FACEBOOK, or Administrator, their respective parent, subsidiary or affiliated companies, or their advertising, promotional or fulfillment agencies (individually and collectively, “Entities”), or members of such employees’ households or immediate families (defined as parents, children and their spouses). Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory. This Sweepstakes is void where prohibited. This Sweepstakes is subject to all applicable federal, state, local and municipal laws and regulations.

ENTRY PERIOD: Sweepstakes starts at 12:00:01 AM on 4/23/12 and ends at 11:59:59 PM on 5/14/12 (“Entry Period”). For purposes of these Official Rules (“Rules”), all times and days are Eastern Time. Normal Internet access and usage charges imposed by your online service provider will apply.


HOW TO ENTER: The Sweepstakes may only be entered via the Internet by logging in to www.facebook.com/ElizabethaArden (“Page”). You must “Like” the Page before you can proceed. Once you have “Liked” the Page, find the “Sweepstakes” tab (“Tab”) on the Page (“Website”) and follow the online instructions to complete and submit your entry form (collectively, “Entry” or “Entries”).


ENTRANT’S WARRANTY AND AUTHORIZATION TO SPONSOR: By submitting your Entry, you warrant and represent that that you have all necessary rights in and to the Entry.


LIMITATIONS: All Entries must be received by Sponsor no later than 11:59:59 PM on 5/14/12. Proof of entering the Sweepstakes will not constitute proof of receipt by Sponsor. Entries are limited to one (1) Entry per person/email address per day (“Address”). If it is discovered that an entrant has registered or attempted to submit more than one Entry per day using multiple FACEBOOK accounts, email addresses or multiple identities, all of his/her Entries be declared null and void and any prize that the Entrant might have been entitled to will not be awarded to the Entrant. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than as permitted in these Rules are void. Any use of automated or programmed methods of effecting an Entry is strictly prohibited. The Sponsor is not responsible or liable for: any Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; lost, interrupted or unavailable network, server, Internet Service Provider, Website or other connections; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in Entrant’s email account to receive email; or any other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes, even if caused by the negligence of any of the Releasees.


PRIZES: 1,000 of Elizabeth Arden Eight Hour Cream Fragrance Free .06 oz Packettes (ARV: $0.69 each). Total ARV of all prizes: $690.00. Limit one prize per person/Address. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. Any depiction of prizes is for illustrative purposes only. Prizes are not redeemable for cash and are not transferable. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost certificates or prizes. Prize elements may not be separated. All prizes will be awarded provided a sufficient number of eligible Entries is received and prizes are validly claimed by May 30, 2012, after which date no alternate winners will be selected, nor unclaimed prizes awarded.

RANDOM DRAWING: All winners will be selected from all eligible entries received during the Entry Period via a random drawing conducted by the Administrator on or about [May 21, 2012] from among all eligible Entries received. The decision of the Administrator shall be final and binding. Odds of winning depend on the total number of eligible Entries received.


WINNERS: All winners are potential until they are qualified by the Sponsor. Potential winners will be notified by email, phone and/or overnight delivery service within two (2) business days from the date of the drawing. All legal responsibilities under these Rules of a minor (as defined by state of primary residence) will be assumed by a parent/legal guardian (“Parent”); if a prize is won by a minor, it will be awarded to the Parent. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notice within three (3) calendar days after it is mailed or emailed by Sponsor; [2] the return of any notice or prize as undeliverable; [3] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [4] potential winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within fourteen (14) days after its mailing/emailing by Sponsor; [5] potential winner’s failure to claim a prize within four (4) days after it is sent; and 6] any other non-compliance with the Rules. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of the winner; the Grand Prize winner will receive an IRS Form 1099 reflecting the value of his/her prize.


PRIVACY POLICY/DATA COLLECTION: Except as otherwise contemplated in these Rules, information provided by you for this Sweepstakes is subject to the privacy policy located at http://shop.elizabetharden.com/helpdesk/index.jsp?display=safety&subdisplay=privacy&clickid=botnav_privacy_txt ( “Privacy Policy”).


CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree, represent and warrant that: [1] you have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; [2] you will abide by and be bound by the Rules, the Sponsor’s decisions, and the Privacy Policy; [3] an Entry becomes the Sponsor’s sole property and will not be acknowledged or returned; [4] you release and hold harmless FACEBOOK and the other Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from: the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Sweepstakes or any Sweepstakes-related activity; or any interaction with, or downloading of, computer Sweepstakes information; [5] the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [6] winners’ acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winners’ names, addresses (city and state only), voices, likenesses, photographs, biographical and prize information, and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes and, in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable or not to select any winners; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners, and distribution of the prizes; [9] any portion of any prize not accepted or used by any winner will be forfeited; [10] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [11] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (b) violating the Rules; (c) violating the Privacy Policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; [12] Sponsor has the right to lock out an Entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules and of criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, Sponsor will have the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including, without limitation, criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (collectively, “Claims”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state, and must be filed within one (1) year from the date that the winners are announced; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and/or any other damages other than for actual out-of-pocket expenses, and waives all rights to have damages multiplied or otherwise increased; [17] Sponsor has the right to modify prize award procedures at its sole discretion; and [18] Releasees will not be responsible or liable in the event of the unavailability of any prize due to circumstances beyond Releasees’ reasonable control; if such occurs, a prize of equal or greater value will be awarded at the Sponsor’s sole discretion.


GENERAL INFORMATION: The failure to exercise or enforce any right or provision of these Rules will not constitute a waiver of such right or provision. If any part of these Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Rules will remain fully in force.


WINNERS’ LIST: For a list of winners (available after May 31, 2012), send a self-addressed, stamped envelope by that date to: Eight Hour Fragrance Free Sampling Sweepstakes, c/o Elizabeth Arden, Inc., 200 Park Avenue South, New York, NY 10003. A copy of the Rules may also be obtained by printing this web page.