OFFICIAL SWEEPSTAKES RULES
NAME: Mariah Carey’s Mother’s Day Tweetstakes on Twitter (“Sweepstakes”).
SPONSOR: This Sweepstakes is sponsored by Elizabeth Arden, Inc., 200 Park Avenue South, New York, NY, 10003 (“Sponsor”).
SUBMISSION PERIOD: The Sweepstakes begins on or about 11:00 AM (EST) on May 13, 2012 and ends at 10:00 PM (EST) on May 13, 2012.
HOW TO ENTER: During the Submission Period, this Sweepstakes may only be entered via the Internet by following @MariahCarey and tweet a message celebrating moms using the hashtag #ForeverAMom by 5/13 at 10:00 PM EST. Multiple entries are welcome! Each tweet you make will count as an entry. The following will result in disqualification from the Sweepstakes: 1) tweets that are not related to the topic “a celebration of mothers” 2) multiple and duplicate re-Tweets which are considered spam; 3) Tweets containing any material that violates or infringes another person’s or entity’s rights, including but not limited to privacy, publicity or intellectual property right, or that constitutes copyright, trademark or other infringement; 4) Tweets that contain material that is obscene, offensive, hateful, tortuous, defamatory, slanderous or libelous (including disparaging remarks about any people or companies); 5) Tweets that contain material that is unlawful, in violation or contrary to the laws or regulations in any state where a Tweet is created.
For the purposes of these Official Rules (“Rules”), all times and days are Eastern Time. Normal Internet access and usage charges imposed by your online service will apply and are not the responsibility of Sponsor. No purchase is necessary to enter the Sweepstakes. Odds of winning depend on the total number of participants and tweets.
Sponsor may run multiple campaigns, contests or sweepstakes simultaneously. Entry into one campaign, contest or sweepstakes does not constitute entry into any other, unless specifically stated in the official rules of such campaign, contest or sweepstakes.
All entries become the property of Sponsor. All entries will be entered into a database and Sponsor may potentially use the participants' names, addresses, telephone numbers and e-mail addresses for future promotional, marketing and publicity purposes in any media worldwide without notice and without any fee being paid unless otherwise advised by the participant.
AGE AND OTHER ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are 18 years of age or older, at the time of entry.
Employees of Sponsor (including individuals who have previously been employed by Elizabeth Arden, Inc. at any time within the past 12 months) or any of their respective parent companies, subsidiaries, affiliates, divisions, advertising and promotion, fulfillment and/or judging agencies, and related entities (collectively "Sweepstakes Entities"); and their immediate families and/or those living in the same household are not eligible to enter or win. This Sweepstakes is void where prohibited by law.
By participating in the Sweepstakes, each participant represents and warrants that he or she meets the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify participant from the Sweepstakes.
In order for a Winner to receive a Prize, Winner must complete the online Affidavit of Eligibility, Consent and Release and Receipt of Prize (“Affidavit of Eligibility”) at http://learnmore.elizabetharden.com/twitter/mariah-carey-mothers-day/rules.html, no later than one (1) week after Sponsor notifies the Winner of the prize drawing. If the Winner does not complete the online Affidavit of Eligibility within the specified time period, the Prize will be forfeited.
PRIZE(S): Twenty (20) 3.3 fl. oz. bottles of Forever and twenty (20) copies of Mariah Carey’s The Essential album will be awarded. The approximate total retail value for both Prize items is $78.98 USD.
To claim a Prize, you must provide your correct name, mailing address, telephone number, and email address. Sponsor will not replace any lost or stolen Prizes. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions. All 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).
Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize(s) they receive (if any) and may be required to sign tax documents, file a Form 1099 with the IRS and pay taxes on the value of the Prize.
SELECTION OF WINNER: The (20) Winners will be randomly selected at approximately 11:00 AM (EST) on May 14, 2012. Each Winner selected will be subject to confirmation of eligibility. Sponsor will have complete discretion over interpretation of the Official Sweepstakes Rules, administration of the Sweepstakes, and selection of the Winners. Decisions of the Sponsor as to the administration of the Sweepstakes, interpretation of the Official Sweepstakes Rules and the selection of the Winner will be final.
ODDS OF WINNING: Odds of winning a Prize will depend upon the number of eligible participants during the Submission Period and the number of tweets submitted by each participant. Buying any product or service will not help you win. Your chances of winning without making a purchase are the same as the chances of someone who purchases something.
WINNER NOTIFICATION DATE: Each Winner will be notified through his or her Twitter account by approximately 1:00 PM (EST) on May 14, 2012. No other notification of any kind will be sent to the Winners. The names of all the Winners will be posted at http://learnmore.elizabetharden.com/twitter/mariah-carey-mothers-day Sweepstakes website by June 14, 2012.
Parents or legal guardians of Winners under the age of majority in their state of residence (18 in most states but 19 in Alabama and Nebraska and 21 in Mississippi) may be required to also sign the Affidavit of Eligibility, in order for a Winner to receive a Prize.
PUBLICITY RELEASE: Subject to applicable law, Winners irrevocably grant Sponsor the right to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Elizabeth Arden or the Sweepstakes, in all forms of media (now and hereafter known), worldwide in perpetuity, without any obligation or consideration except for the awarding of the Prize to the Winner. The Winner agrees not to issue any publicity of any kind concerning the Sponsor or any of their products without the prior written approval of Sponsor.
REPRESENTATIONS AND WARRANTIES: Each participant represents and warrants that he or she: (i) has read, understands and will adhere to these Official Sweepstakes Rules; (ii) is a legal resident of the fifty (50) United States or the District of Columbia; (iii) is at the time of entry, of the age specified in the Official Sweepstakes Rules or has the permission of his or her parent or guardian to enter and win; and (iv) has the right to agree to and fully perform consistent with these Official Sweepstakes Rules and no consent of any third parties is required to grant the rights hereunder. Participants agree to defend, indemnify and hold Sponsor, its parents and each of their respective successors, assigns and licensees, harmless from and against any third party claim relating to any breach of any representation, warranty or covenant made by such participant in connection with his or her participation in Sweepstakes activities.
TAMPERING WITH SWEEPSTAKES: Sponsor is not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Sweepstakes Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or who Sponsor believes to be causing or attempting to cause malfunction, error, disruption or damage will be disqualified. Additionally, any attempt to cheat the Sweepstakes, as determined at the sole discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future Sweepstakes. Sponsor reserves the right, at its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Sweepstakes Rules, or to be acting in an un-sportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
RELEASES, WAIVERS AND DISCLAIMERS: By entering into the Sweepstakes, participants agree to release, discharge and hold harmless Sponsor and each of their parents, subsidiaries, affiliates, prize providers/suppliers, agents representatives, retailers, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, the "Released Parties"), from any and all liability, claims, losses, injuries, demands, damages, actions, and/or causes of actions whether direct or indirect, which may be due to or arise out of or in connection with the participation in the Sweepstakes or any portion thereof, or the awarding, acceptance, receipt, use or misuse or possession of the Prizes or while preparing for or participating in any Sweepstakes-related activity (including, without limitation, liability for any property loss, damage, personal injury or death, violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property). Participants agree that the Released Parties shall have no responsibility or liability for discontinued Prizes; human error; incorrect or inaccurate transcription of information; any technical malfunctions of the telephone network, computer equipment or systems, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Sweepstakes website or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects; and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties. Each participant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties and hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Prize supplier that may be sent along with a Prize. Participants understand and agree that the Released Parties maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, restaurant, Prize supplier or other person or entity furnishing services, products or accommodations ("Vendors") as a part of the Prize, and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of the Vendors or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service, product or accommodation that is owned, operated, furnished or otherwise used by any of those Vendors, (3) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (4) by any cause, condition or event whatsoever beyond the control of the Released Parties. The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
SUSPENSION / MODIFICATION / TERMINATION: In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a "Force Majeure" event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes (including, without limitation, make changes to these Official Sweepstakes Rules) without notice or by posting a notice on http://learnmore.elizabetharden.com/twitter/mariah-carey-mothers-day, in its sole and absolute discretion, including, but not limited to, if in its sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes. All Participants must check on http://learnmore.elizabetharden.com/twitter/mariah-carey-mothers-day regularly to determine if there have been any changes made to the Official Sweepstakes Rules, the Sweepstakes or the Prizes.
GOVERNING LAW / LIMITATION OF LIABILITY: VOID WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply. By participating, participants agree to be bound by the Official Sweepstakes Rules and the decisions of the Sponsor which are final and binding in all respects. The Sweepstakes will be construed and evaluated only according to United States law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules or the rights and obligations of participants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, PARTICIPANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED TWO HUNDRED FIFTY DOLLARS ($250.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
LIST OF WINNERS:
To receive a list of Winners, send a stamped self addressed envelope to: Mariah Carey’s Mother’s Day Sweepstakes, 200 Park Avenue South, 7th Floor, New York, NY 10003. A Winners’ list will also be posted at http://learnmore.elizabetharden.com/twitter/mariah-carey-mothers-day for ninety (90) days after all Winners are selected.
The invalidity or unenforceability of any provision of these Official Sweepstakes Rules or the Affidavit of Acceptance will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Sweepstakes Rules or the Affidavit of Acceptance is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Sweepstakes Rules will not constitute a waiver of that provision. Participants agree to waive any rights to claim ambiguity of these Official Sweepstakes Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.
///END OFFICIAL SWEEPSTAKES RULES///
Twitter, Inc. is not a sponsor of this Sweepstakes. Twitter’s name and logo are used for purposes of describing the Sweepstakes only and such use is not intended to suggest or imply that Twitter is participating, sponsoring, endorsing, or approves of this Sweepstakes.
© 2012 Elizabeth Arden, Inc.
Mariah Carey is a trademark of Automatic Princess Holdings, LLC and is used with permission.