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July 8, 2013

COVERGIRL My Trend Talk Instagram Contest Official Rules

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OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING

COVERGIRL #TREND TALK INSTAGRAM CONTEST (“Contest”): How to Enter: Entrant must follow Sponsor’s Instagram feed @marieclairemag and @covergirl (the “Instragram Feed”) and during the period that begins July 15, 2013 at 12:01 AM (ET) through August 31, 2013, at 11:59 PM (ET) (the “Entry Period”), follow the online instructions to upload and submit one photograph of you rocking your favorite beauty trends such as: your favorite eyes, lips, and/or nail combinations and tag it with #MYTrendTalk. Registration with Instragram is required to enter the Contest. There is no cost to register with Instagram. If you do not have an Instagram account, you can sign up for one either at the app store or at www.instagram.com. Entries must be received before the end of the Entry Period and the Sponsor’s database clock will be the official timekeeper for this Contest. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.

Winner Selection: At the end of the Entry Period, Sponsor will review all of the initial entries for eligibility. All eligible entries will be judged by Hearst Digital based on the following criteria: photographic quality (40%), creativity (20%); and adherence to the rules (40%). In the event of a tie, the person among the tied entrants with the highest score in creativity will be the winner (the “Winner”). Sponsor will select the Contest winner in accordance with the procedures set forth herein. The determination of the winner shall be made by Sponsor in its sole discretion, and such determination shall be final and binding.  In the event the Sponsor does not receive any eligible entries, the Sponsor has the right to cancel the Contest.  By participating in the Contest, entrant certifies that his/her entry is original, has not been previously published or won any award, and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights or privacy or publicity. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that it believes contains obscene, offensive or inappropriate content, that does not comply with these Official Rules or that is not consistent with the spirit or theme of the contest. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest. In the event the Sponsor does not receive any eligible entries, the Sponsor has the right to cancel the Contest. 

 

Prizes and Approximate Retail Values:  One (1) winner will receive $1,000.00 check to use towards a shopping spree and a curated beauty wardrobe of products provided by Cover Girl, approximate retail value: $200.00  Total  approximate retail value of prizes awarded to the winner:  $1,200.00). Winner may have to chance for their Instagram to be featured on MarieClaire.com. Potential winner will be notified by a comment placed on their Entry or via email by Sponsor promptly following the winner selection on or about  September 1, 2013 and must respond via email address providing contact information within 48 hours from notification or an alternate potential winner will be selected. Prize will be awarded only if the potential winner fully complies with these Official Rules.  At Sponsor’s request, the Winner will sign a release authorizing Sponsor’s reuse of the photo submitted in any and all media, in accordance with these Official Rules. In the event the Winner doesn’t respond to Sponsor’s notification or does not accept the prize within five (5) business days of notification, the prize will be deemed forfeited and an alternate Winner will be selected. In the event Sponsor attempts to award the Prize to ten (10) entrants and all ten entrants either fail to respond as stated above, decline the prize, and/or fail to provide a signed Affidavit of Eligibility, a Liability Release, and where legally permissible, a Publicity Release, as specified in these Official Rules, then Sponsor, in its sole discretion, shall have the right to terminate the Contest. Winner’s List:  The name of the winner of this Contest may be posted to MarieClaire.com once such winner has been selected. For winner’s name, send a separate self-addressed, stamped envelope to Color Spotting Instagram Contest, 300 W. 57th St., 18th Floor, New York, NY 10019 by November 30, 2013. Incomplete or entry forms that have been tampered with will be disqualified.

 

ENTRIES: Limit (1) one entry per person for the Contest.  Multiple entries from the same person will be disqualified.  Entries become the property of the Sponsor and will not be returned.    Proof of entry does not constitute proof of receipt.  Sponsor is not responsible for lost, late, misdirected, incomplete entries.  If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address.  The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

OWNERSHIP: By submitting your entry in the Contest, you acknowledge and agree that Sponsor will own all entries submitted by you in the Contest. Each entrant into the Contest hereby irrevocably grants, transfers, sells, assigns and conveys to the Sponsor, its successors and assigns, all present and future right, title and interest of every kind and nature whatsoever in and to the entry(ies) for exploitation throughout the universe, in perpetuity, by means of any and all media and devices whether now known or hereafter devised. Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, or alter, the entry(ies) for any purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have in the entry(ies) submitted by him or her. Each entrant hereby acknowledges that such entrant does not reserve any rights in and to his/her entry(ies). Sponsor shall have no obligation (express or implied) to use any entry, or to otherwise exploit any entry or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the entry(ies)  for any reason or no reason at all, and no entrant shall be entitled to any damages or other relief by reason thereof.

ELIGIBILITY:  Open to legal residents of the 50 United States and the District of Columbia who have reached age of majority in their state, territory of residence at time of entry.  Void in Puerto Rico and where prohibited by law.  Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies (and members of their immediate family and/or those living in the same of household of each such employee) (collectively, the “Promotion entities”) are not eligible. 

CONDITIONS OF PARTICIPATION:  Entrants must have a valid e-mail address and it is entrant’s responsibility to update Sponsor of any change in e-mail address.  Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner.  Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty.  No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable.  All federal, state, provincial and local laws and regulations apply.  Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest.  Winner  may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification.  Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner.  Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law.  By accepting prize, winner agrees to hold Sponsor, L’Oreal Paris, their advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize.  Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize.  This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook.

 

REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION: (i)  Your image must be your own original image, created and shot by and/or featuring you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this contest.

 

(ii)            You represent that you have the express consent of any identifiable persons appearing in the image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The image must not contain any personally identifiable information of any person.

 

(iii)           Excepting those of Sponsor, the image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.

 

(iv)           The image must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate or objectionable.

 

Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at (i)-(iv) above. By entering, entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their image to Sponsor, the form of such assignment to be determined by Sponsor.

 

 

INTERNET:  Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof.  If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest.  Sponsor reserves the right to select winners from eligible entries received as of the termination date.  Sponsor further reserves the right to disqualify any individual who tampers with the entry process.  Sponsor may prohibit an entrant from participating in a Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants.  Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased.  New York State law, without reference to New York’s choice of law rules, governs the Contest and all aspects related thereto. 

By entering the Contest, entrants  agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and 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:  The Sponsor of this Contest is Hearst Communications, Inc., 300 W. 57th Street, New York, NY  10019.


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One winner will receive a year’s supply of makeup products from Lancôme ($389) and a year’s supply of hair products from Garnier Fructis ($90), as selected by the Sponsors.

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