Biorލ Skincare Author's Week Instant Win Game
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR
CHANCES OF WINNING.
1. Eligibility: Biorލ
Skincare Author's Week Instant Win Game (the ÒInstant Win GameÓ) is open
only to legal residents of the fifty (50) United States and the District of
Columbia who are at least eighteen (18) years old and a Prove It! ¨ Reward Points Loyalty Program member at the time of entry.
Employees, officers, and directors of Kao USA Inc., ePrize, Inc.,
Brand Networks, Inc. ("Brand Networks"), Enlighten, Inc., and their
respective parent companies, subsidiaries, affiliates, partners, advertising
and promotion agencies, manufacturers or distributors of Promotion materials
and their immediate family (spouse, parents,
siblings, and children) or members of the same household (whether related or not) of such
employees, officers, and directors are
not eligible to enter. The Instant Win Game is subject to all applicable
federal, state, and local laws and regulations and is void where prohibited. Participation in the Instant Win Game
constitutes entrantÕs full and unconditional agreement to these Official Rules
and SponsorÕs decisions, which are final and binding in all matters related to
the Instant Win Game. Winning a prize is contingent upon fulfilling all
requirements set forth herein.
2.
Sponsor: Kao USA Inc., 2535
Spring Grove Ave, Cincinnati, OH 45214.
3. Timing: The Instant Win Game begins on November 12, 2012 at
12:00 a.m. Eastern Time ("ET"), ends on November 16, 2012 at 11:59 p.m.
ET (the "Promotion Period"), and consists of five (5) daily entry
periods (each a "Day"). Each Day starts at 12:00 a.m. ET and ends that
night at 11:59 p.m. ET. Brand NetworkÕs computer is the official time-keeping
device for the Instant Win Game.
4. How to Enter: During the Promotion Period, you can enter the Instant
Win Game through the Prove It! ¨ Reward Points
application on the BiorŽ Skincare Facebook page at www.facebook.come/bioreskin. Follow the links and
instructions to complete the registration form including your name, valid email
address and home address. You will automatically
receive one (1) Instant Win Game play for the Day. The Instant Win Game results
will be instantly displayed. All potential winners are subject to verification
before any prize will be awarded. Brand
Networks is responsible for the functionality of the Instant Win Game.
5. All
potential winning plays are subject to verification by Sponsor or Brand Networks,
whose decisions are final AND BINDING. An
entrant will not be awarded any prize, even if the INSTANT WIN GAME SHOULD so
indicate, unless and until entrantÕs eligibility and the potential Winning play
have been verified and entrant has been notified that verification is complete.
Sponsor will not accept screen shots or other evidence of winning in lieu of
its validation process. any play that occurs after the system has failed for
any reason is deemed a defective play, is void, and will not be honored.
6. Instant Win Game Prize Selection and
Verification of Potential Winners:
Each Instant Win Game Prize will be randomly assigned to a
specific time during each Day of the Promotion Period to award prizes as
outlined below in Section 7. The entrant who first submits a
valid Instant Win Game play at or immediately after the randomly pre-assigned
specific time will be eligible to win the Instant Win Game Prize assigned to
that time. If the entrant is a potential winner of an Instant Win Game
Prize, he/she will see a message onscreen informing him/her of the applicable
prize. Receiving a prize is contingent
upon compliance with these Official Rules.
Brand Networks and ePrize are independent
judging organizations. Brand
Networks' decisions regarding the administration and operation of the Instant
Win Game and ePrize's decisions regarding the
selection of potential winners by random drawing, if necessary, are final and
binding in all matters related to the Instant Win Game. If the prize is returned as undeliverable,
potential winner forfeits the prize and is disqualified. In the event that any
potential winners are disqualified for any reason, Sponsor will award the applicable
prizes to an alternate winner by random drawing from among all remaining
eligible entries. Sponsor will notify any such alternate potential winners by
email. There will be three (3) alternate drawings after which the applicable prize
will remain unawarded. Prizes will be fulfilled
approximately 8-10 weeks after the conclusion of the Instant Win Game.
7. Prizes:
THIRTY-SIX (36) GIFT CARD PRIZES (awarded seven (7) per Day Monday
through Thursday and eight (8) on the Friday): A $50 Amazon gift card (terms and conditions apply). Approximate
Retail Value (ÒARVÓ): $50.
FIFTY (50) BIORE SCRUB PRIZES (awarded ten (10) per Day): A
tube of BiorŽ Acne Clearing Scrub (4.5 FLOZ). ARV: $5.99
TEN
(10) BOOK PRIZES (awarded two (2) per Day): A copy of Jane Green's book, Another Piece of My
Heart. ARV: $14.
Odds of winning an Instant Win Game prize depend on the number of prizes
available for each Day divided by the number of eligible Instant Win Game plays
on the applicable Day. No cash or other substitution, assignment or transfer of
any prizes permitted, except by Sponsor, who reserves the right to substitute a
prize or prize component with cash or another prize of comparable or greater
value. Winners are responsible for all federal, state, and local taxes and fees
associated with prize receipt and/or use.
Prizes will be awarded "as is" with no warranty or guarantee,
either express or implied offered by Sponsor. Total ARV of all prizes: $2,239.50.
Limit: One (1) Instant Win Game prize per person.
8. Publicity: Except where prohibited, participation in the
Instant Win Game constitutes winner's consent to Sponsor's use of winner's
name, likeness, photograph, voice, opinions, biographical information, hometown,
and state for promotional purposes in any media without further payment or
consideration.
9. General Conditions: Sponsor reserves the right to cancel or modify the
Instant Win Game if fraud, technical failures, or any other factor beyond
Sponsor's reasonable control impairs the integrity of the Instant Win Game, as
determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right
to award the prizes at random from among the eligible entries received up to
the time of the impairment. Sponsor
reserves the right, in its sole discretion, to disqualify any individual it
finds to be tampering with the entry process or the operation of the Instant
Win Game, or to be acting in violation of the Official Rules of this or any
other promotion, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately
damage any website or undermine the legitimate operation of the Instant Win
Game is a violation of criminal and civil law, and, should such an attempt be
made, Sponsor reserves the right to seek damages from any such person to the
fullest extent permitted by law. Sponsor's
failure to enforce any term of these Official Rules shall not constitute a
waiver of that provision.
10. Release: By participating in this Instant Win Game and/or
receipt of any prize, entrant and/or each winner agrees to release and hold
harmless Sponsor, Enlighten, Inc., Brand Networks, ePrize,
Inc., and any promotional partners, each of their parent, subsidiary, affiliate,
and related companies, and each of its and their respective officers,
directors, employees, and agents (collectively the ÒReleased PartiesÓ) from and
against any losses, damages, rights, claim, or cause of action of any kind
arising, in whole or in part, directly or indirectly, out of participation in
the Instant Win Game or resulting directly or indirectly, from acceptance,
possession, use, or misuse of any prize awarded in connection with the Instant
Win Game, including without limitation personal injury, death, and/or property
damage, as well as claims based on publicity rights, defamation, and/or
invasion of privacy.
11. Limitations of Liability: The Released Parties are not responsible for: (1)
any incorrect or inaccurate information, whether caused by entrants, printing
errors or by any of the equipment or programming associated with or utilized in
the Instant Win Game; (2) technical failures of any kind, including, but not
limited to malfunctions, interruptions, or disconnections in phone lines, or
network hardware, or software; (3) unauthorized human intervention in any part
of the entry process or the Instant Win Game; (4) technical or human error which
may occur in the administration of the Instant Win Game or the processing of
entries; or (5) any injury or damage to persons or property which may be
caused, directly or indirectly, in whole or in part, from entrantÕs
participation in the Instant Win Game, or receipt, or use of any prize or while
traveling to or from any prize-related activity. If for any reason an entrant's entry is
confirmed to have been erroneously deleted, lost, or otherwise destroyed or
corrupted, entrantÕs sole remedy is another entry in the Instant Win Game. If
the Instant Win Game, or any part of it, is discontinued for any reason,
Sponsor, in its sole discretion, may elect to hold a random drawing from among
all eligible entries received up to the date of discontinuance for any or all
of the prizes offered herein. No
more than the stated number of prizes will be awarded. In the event that
production, technical, seeding, programming, or any other reasons cause more
than the stated number of prizes as set forth in these Official Rules to be
available and/or claimed, Sponsor reserves the right to award only the stated
number of prizes by a random drawing among all legitimate, unawarded,
eligible prize claims.
12. Disputes: Entrant agrees that: (i)
any and all disputes, claims, and causes of action arising out of or connected
with this Instant Win Game or any prizes awarded shall be resolved
individually, without resort to any form of class action, and exclusively by
the United States District Court for the Eastern
District of Michigan (Southern Division) or the appropriate Michigan State
Court located in Oakland County, Michigan;
(ii) any and all claims, judgments, and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering this
Instant Win Game but in no event attorneys' fees; and (iii) under no
circumstances will entrant be permitted to obtain awards for and entrant hereby
waives all rights to claim punitive, incidental, and consequential damages and
any other damages, other than for actual out-of-pocket expenses, and any and
all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU.
All issues and questions concerning the construction, validity,
interpretation, and enforceability of these Official Rules, or the rights and
obligations of the entrant and Sponsor in connection with the Instant Win Game,
shall be governed by, and construed in accordance with, the laws of the State
of Michigan, without giving effect to any choice of law or conflict of law
rules (whether of the State of Michigan or any other jurisdiction), which would
cause the application of the laws of any jurisdiction other than the State of Michigan.
13. Entrant's Personal
Information: Information collected
from entrants is subject to the SponsorÕs Privacy Policy (http://www.kaobrands.com/privacy_policy.asp) and, in the event of a random drawing per Sections 6, 11 and 12,
entrants are also subject to the ePrize's Privacy Policy (http://www.eprize.com/privacy-policy).
14. Winner List: Winner
List requests will only be accepted after the promotion end date (listed above)
and no later than March 16, 2013. For a winner list, mail-in your request
to Biorލ Skincare Author's Week Win List, c/o Enlighten, 3027 Miller Road, Ann
Arbor, MI 48103.