2013 HOLIDAY COLLECTION GIVEAWAY OFFICIAL RULES - content
EOS 2013 HOLIDAY COLLECTION SWEEPSTAKES
NO PURCHASE NECESSARY. INTERNET ACCESS AND A VALID E-MAIL ADDRESS ARE REQUIRED TO ENTER. The eos 2013 Holiday Collection Sweepstakes (“Sweepstakes”) begins at 9:00:01 AM Eastern Time (“ET”) on November 26, 2013 and ends at 4:59:59 PM ET on December 5, 2013 (“Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia who are aged 13 years or older on the date of entry. Employees of eos Products, LLC, (hereinafter, “Sponsor”), Centra Marketing & Communications LLC (hereinafter, “Sweepstakes Promoter”) and each of their respective affiliates, subsidiaries, distributors, retailers, advertising/promotion agencies, and the immediate family members (spouses, parents, children, siblings and their spouses) or household members (collectively, “Released Entities”) of each are not eligible to enter this Sweepstakes or win a prize. Entrants must have Internet access as of the time of entry. Void in Puerto Rico, the United States territories, outside the fifty (50) United States, the District of Columbia, and where prohibited or restricted by law. The Sweepstakes is subject to all applicable federal, state, and local laws, rules and regulations. Participation constitutes Entrant’s unconditional acceptance of these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. If it is discovered that an Entrant has registered or attempted to register more than once using multiple e-mail addresses, telephone numbers, or multiple identities, all of the Entrant’s entries will be declared null and void and any prize an Entrant might have been entitled to will not be awarded. Multiple e-mail accounts linked to the same Entrant will be the basis for the Sponsor to disqualify an Entrant.
SELECTION OF WINNERS/RANDOM DRAWING: A total of thirty-five (35) Entries will be selected in a random drawing conducted on or about December 6, 2013. The random drawing will be conducted by an independent judging organization whose decisions on all matters relating to this Sweepstakes are final and binding. Odds of winning a Prize will depend upon the number of eligible Entries received. In the event an insufficient number of qualified Entries is received (as determined by the Sponsor in its sole discretion), this Sweepstakes, at the sole discretion of the Sponsor, may be cancelled or the Sponsor may take such other actions as it deems reasonable in the circumstances. If a potential Winner is found to be ineligible, does not comply with these Official Rules, or if his/her Prize or any correspondence is returned as undeliverable, that potential Winner will be disqualified and that Prize will be awarded to an alternate winner in a random drawing from among all remaining eligible Entries received.
THIRTY-FIVE (35) PRIZES: Each prize consists of one (1) eos 2013 Holiday Collection with three Smooth Sphere Lip Balms that is signed by Miley Cyrus. The approximate retail value of each prize: $10.00. The total approximate retail value of all prizes: $350. Limit one (1) prize per household. Winners will be notified and prizes will be delivered within two (2) to four (4) weeks via Federal Express Ground Shipping from date of Random Drawing.
PRIZE ACCEPTANCE: Prizes are subject to the Sweepstakes and all applicable federal and state laws. Prizes are not transferable. Applicable income and sales taxes on prizes are the sole responsibility of the Prize Winners. No prize substitutions or cash redemptions allowed except by Sponsor, who may substitute a prize of equal or greater value if advertised prize becomes unavailable. By accepting a Prize, each Prize Winner consents to the use of his/her name, and likeness for advertising, publicity and promotional purposes in any medium and social media websites throughout the world in perpetuity without additional compensation except where prohibited by law.
GENERAL CONDITIONS: By entering this Sweepstakes, each Entrant and Prize Winners: (1) agrees to be bound by these Official Rules; (2) agree to release Sponsor and the Released Entities from any and all liability for any loss, harm, damages, costs or expenses, including without limitation property damages, personal injury and/or death arising out of participating in this Sweepstakes, or the acceptance, possession, use or misuse of any prize and claims based on publicity rights, defamation or invasion of privacy and merchandise delivery; and (3) acknowledge that Sponsor and the Released Entities have neither made nor are responsible or liable for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition, or fitness for a particular purpose. Sponsor may discontinue this Sweepstakes at any time. Sponsor may terminate the Sweepstakes or decide to modify it in any manner that it deems fair and equitable to participants if it becomes aware of any occurrence that would materially affect the Sweepstakes’ security and fairness. Sponsor may prohibit individuals from participating in Sweepstakes and disqualify entries if they (1) attempt to enter the Sweepstakes through any means other than as described in these Official Rules, (2) attempt to disrupt the Sweepstakes or circumvent the terms and conditions of these Official Rules in any way or (3) repeatedly show a disregard for the Sweepstakes Official Rules or act (a) in an unsportsmanlike manner, or (b) with an intent to annoy, abuse, threaten or harass any other Entrant or Sponsor. Sponsor’s decisions with respect to the Sweepstakes are final. Sponsor is not responsible for incompatibility of Entrant’s hardware, software or browser technology with Sponsor’s hardware, software or browser technology. Caution: any attempt to deliberately damage the website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and should such an attempt be made, the Sponsor and the Released Entities reserve the right to seek damages or other remedies from any such person(s) responsible for the attempt to the fullest extent permitted by law. In the event of a dispute as to the identity or eligibility of a Prize Winner based on an e-mail address, the prize winning Entry will be declared made by the “Authorized Account Holder” of the e-mail address at time of entry. “Authorized Account Holder” is defined as the natural person 13 years of age or older who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor, may ask any Entrant or potential prize winner to provide Sponsor, with proof that such party is the authorized account holder of the e-mail account associated with the entry.
LIABILITY & RELEASE: By participating in this Sweepstakes, each Entrant and prize winner agrees to release and hold harmless Sponsor and the Released Entities from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prize hereunder, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or death to a person(s) or damage to property which may be result, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or Entrants receipt, acceptance, use &/or enjoyment of any prize. By applying for the Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out‑of‑pocket costs incurred, including costs associated with applying for the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any Entrant be permitted to obtain any award for, and each Entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out‑of‑pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Sponsor and the Released Entities are not responsible for any typographical or other error in the printing of this Sweepstakes, the administration of the Sweepstakes or in the announcement of any prize winner, including such error as may give an erroneous indication that a prize has been won. By participating in the Sweepstakes and submitting an Entry, each Entrant agrees to defend, indemnify and hold harmless the Sponsor and Released Entities from and against any and all claims, demands, liability, damages or causes of action (however named or described) losses, costs or expenses, with respect to or arising out of or related to Entrant’s participation in the Sweepstakes. Each Entrant assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Sweepstakes. In the event the integrity and/or feasibility of the Sweepstakes is undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute, or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state, provincial or local government law, order of regulation, order of any court or jurisdiction, or other cause not reasonably within the Sponsor’s control (each a “Force Majeure” event) the Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Sweepstakes without notice or further obligation. If the Sponsor, in its discretion, elects to abbreviate, cancel or terminate the Sweepstakes as a result of a Force Majeure event, the Sponsor reserves the right, but shall have no obligation, to distribute the Prizes from among all non-suspect, eligible Entrants received up to the time of such Force Majeure event.
WINNERS LIST: For a list of Winners, available after December 31, 2013 send a stamped, self-addressed envelope to: eos 2013 Holiday Collection Sweepstakes Winners, eos Products, LLC 105 East 34th Street, #130, New York, NY 10016 by February 28, 2014.
OFFICIAL RULES: For a printed copy of the Official Rules, send a stamped, self-addressed envelope (The state of Vermont residents do not need to affix return postage on their self-addressed envelope) to: eos Products 2013 Holiday Collection Sweepstakes Official Rules, c/o eos Products, LLC 105 East 34th Street, #130, New York, NY 10016.
SPONSOR: eos Products, LLC 105 East 34th Street, #130, New York, NY 10016.