Win What You Want Wednesday Official Rules

Posted by Eautalk on Tue, 08/01/2017 - 1:49 PM

FragranceNet.com, Inc. Sweepstakes
Win What You Want Sweepstakes Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES TIMELY RECEIVED.         

The FragranceNet.com, Inc. (“Sponsor”) Win What You Want Sweepstakes will be conducted as a weekly Sweepstakes (collectively, the "Sweepstakes").  The Sweepstakes entry period (each an “Entry Period”) is specified below and designates the time in which all entries must be received.  Eastern Time shall control for all purposes of this Sweepstakes.  Sponsor's clock shall be the official timekeeper for the Sweepstakes.  The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. 

1. Eligibility. The Sweepstakes is open only to legal residents of the 50 United States who are 18 years of age or older at the time of entry.  Proof of residency and age may be required prior to award of any prize.  Employees, officers and directors of Sponsor, its affiliates, partners, advertising and Sweepstakes agencies, and their immediate families or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.

2. How to enter. To participate in the Sweepstakes, you must have a valid Facebook account. If you do not already have a Facebook account, you can create one free of charge at www.facebook.com. To enter the Sweepstakes, during the Entry Period:  (1) like FragranceNet.com https://www.facebook.com/FragranceNet.com on Facebook; (2) go to the Facebook page every Wednesday at 10:00am EST where the official entry post for the week will be posted; (3) post a comment on the official entry post with the item name and link from our website that you would love to win. Don't forget to include our hashtag #FragranceNet so we can see your entry!

Limit one (1) entry per person, per household during the Sweepstakes Period. Use of any automated system to participate is prohibited and will result in disqualification.  Entrants are eligible to win only one (1) Win What You Want Sweepstakes in any ninety (90) day period. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to enter the Sweepstakes.  Entries will be deemed to have been submitted by the authorized account holder of the Facebook account from which the entry post was made, as identified by the authorized account holder of the primary email address associated with that account.  "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with that email address.   

Each Sweepstakes will take place on the Entry Dates as specified below.

All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

3. Entry dates. Online entry for each Sweepstakes is open during the following entry periods:

Start date: Wednesday, September 12, 2018, 10:00 am (ET) – End date Wednesday, September 12, 2018, 11:59 pm (ET)

Start date: Wednesday, September 19, 2018, 10:00 am (ET) – End date Wednesday, September 19, 2018, 11:59 pm (ET)

Start date: Wednesday, September 26, 2018, 10:00 am (ET) – End date Wednesday, September 26, 2018, 11:59 pm (ET)

Start date: Wednesday, October 3, 2018, 10:00 am (ET) – End date Wednesday, October 3, 2018, 11:59 pm (ET)

Start date: Wednesday, October 10, 2018, 10:00 am (ET) – End date Wednesday, October 10, 2018, 11:59 pm (ET)

Entries received after the closing times will not be considered. After each Entry Period, Sponsor or its designee will conduct a random drawing using randomization methods selected by Sponsor, in its sole and absolute discretion, and select two (2) potential prize winners

from all eligible entries received during the applicable Entry Period.  Winners will be announced via a Facebook post approximately two business days after the closing date of the competition. All decisions of Sponsor on all matters relating to this Sweepstakes, including, without limitation, the selection and determination of winners of this Sweepstakes shall be final and binding.  The potential winner may be required to sign and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) and/or other related documents (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the prize will be awarded to winner's parent or legal guardian and the Affidavit must be executed by such parent or legal guardian. If a potential winner is not able to be contacted by Sponsor within seven (7) days following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within thirty (30) days, or is otherwise not in compliance with these Official Rules, the prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate winner. 

4. Prizes. There will be 2 prize winners in total for each Sweepstakes. The prize will vary from week to week and it is the entrant’s responsibility to ensure they are clear in their entry on what prize they have selected to potentially win. FragranceNet.com reserves the right to select size/version of the prize at their discretion. The approximate retail value ("ARV") of the prizes will vary depending upon the prize awarded but each prize will not, under any circumstance, exceed an ARV of $500.  Prizes will be as announced on the FragranceNet.com Facebook page. If prize or any portion thereof is not accepted, is unclaimed or unused by a winner, it will be forfeited and will not be substituted.  No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent) if a stated prize is unavailable or for any other reason. Winners are responsible for any taxes payable on prizes. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a prize to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes, are the sole responsibility of the winner.  SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.

5. License/Usage. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules, which will be final and binding in all matters relating to the Sweepstakes. By entering, winner/s agree to that Sponsor or its designees may use their names, photographs, likenesses, biographical information, city and state of residence and/or statements made by winner/s regarding the Sweepstakes or Sponsor, for purposes of advertising, trade, or promotion in any media (now known or hereafter known) throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner/s waives any right to inspect or approve any such use of any and every nature and kind.

6. Release and Liability. By entering this Sweepstakes, each entrant releases, holds harmless, covenants not to sue, and forever discharges Sponsor, Facebook, and their respective parent companies, affiliates and subsidiaries, retailers, divisions, advertising and Sweepstakes agencies, and all others associated with the development and execution of this Sweepstakes, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as, the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes including without limitation, in connection with (i) the administration of the Sweepstakes, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Sweepstakes, the processing of entries, the announcement of any prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any prize or prize materials, and/or (ii) entrant’s participation in this Sweepstakes or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to any travel related thereto, and death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity. No more than the stated number of prizes will be awarded. Sponsor reserves its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Sweepstakes and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes; or with the intent to annoy, abuse, threaten or harass any other person.  Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, 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, public health crisis, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right, in its sole discretion, to modify, suspend, extend or terminate the Sweepstakes. 

7. Disputes. Except where prohibited, entrants agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Courts of the State of New York for Suffolk County. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover, and the parties hereby waive all rights to claim, indirect, punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief or to have damages multiplied or otherwise increased.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

8.  Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy athttps://www.fragrancenet.com/f/net/privacy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.

9. Sponsor. FragranceNet.com, Inc. 900 Grand Blvd, Deer Park, NY 11729. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook.  Any and all questions, comments or complaints regarding the Sweepstakes must be directed solely to Sponsor, not Facebook. You are providing your information to Sponsor (FragranceNet.com), not to Facebook.

10.  Winner List. To obtain a copy of the winners' list, send a self-addressed, stamped envelope to: FragranceNet.com, Inc. (Month and year) Win What You Want Sweepstakes, 900 Grand Blvd, Deer Park, NY 11729 within 90 days of the winner announcement.

Fragrance.com Monthly Giveaway Official Rules

Posted by Eautalk on Tue, 08/01/2017 - 1:28 PM

 

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning

The FragranceNet.com, Inc. ("Sponsor") Monthly Giveaway will be conducted each separate calendar month (collectively and individually, the "Giveaway"), beginning at 12:00 AM Eastern Time ("ET") on the 1st day of the month and ending at 11:59 PM ET on the last day of that month (each, a "Monthly Entry Period"). Eastern Time shall control for all purposes of this Giveaway.  Sponsor's clock shall be the official timekeeper for the Giveaway.  The Giveaway is governed by these Official Rules and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. 

  1.  The Giveaway is open only to legal residents of the 50 United States who are 18 years of age or older at the time of entry.  Proof of residency and age may be required prior to award of any prize.  Employees, officers and directors of Sponsor, its affiliates, partners, advertising and promotional agencies, and the immediate families or members of the same household (whether related or not) of such individuals are not eligible to enter.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Giveaway or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Giveaway.
  2. To enter the Sweepstakes, during the Entry Period: (1) click the corresponding link within the giveaway announcement post; (2)complete all required fields on the third-party entry form, and hit “Enter” to receive one entry into the Giveaway for that Monthly Entry Period. Limit one (1) entry per person, per household during each Monthly Giveaway Period. Entries by the same person in excess of the limits stated herein will be disqualified.  Entries do not carry over to subsequent Monthly Giveaways; each Monthly Giveaway must be entered separately.  Entrants are eligible to win only one (1) Monthly Giveaway in any ninety (90) day period. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to enter the Giveaway.  Entries will be deemed to have been submitted by the authorized account holder of the email address submitted at the time of entry.  "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization(e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with that email address.  Entering or attempting to enter multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries is prohibited and any such entries will be deemed void and disqualified.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
  3.  Within one (1) week after the close of each Monthly Entry Period, one (1) potential winner will be randomly selected by Sponsor from all eligible entries received for that Monthly Entry Period (each, a "Monthly Drawing").  Potential winner shall be notified by email, using the information provided on the potential winner's entry form. The potential winner may be required to sign and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) and/or other related documents (collectively, the "Affidavit")by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the prize will be awarded to winner's parent or legal guardian and the Affidavit must be executed by such parent or legal guardian.  In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information stated in the entry form or winner notification or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Giveaway or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Giveaway and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received for that Monthly Entry Period.
  4.  Prizes.  The winner of the Fragrance Favorites Giveaway will receive one (1) Gucci mini fragrance variety set, one (1) Calvin Klein mini fragrance variety set and one (1) Ralph Lauren Polo mini fragrance variety set. The approximate retail value ("ARV") of the prizes will not, under any circumstance, exceed an ARV of $500. Prizes will be as announced on Sponsor’s Facebook page and winner(s) will be notified via email. If prize or any portion thereof is not accepted, is unclaimed within 30 days or unused by a winner, it will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent) if a stated prize is unavailable or for any other reason. The prize winner will receive a message from Sponsor with additional instructions on how to collect prize. Winners are responsible for any taxes payable on prizes. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a prize to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes, are the sole responsibility of the winner.  SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
  5.  Publicity Release; Use of Personal Information.  Except where prohibited or restricted by law, winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part),and/or statements made by winner regarding the Giveaway or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print,TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.  By entering the Giveaway, entrants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of the Giveaway and awarding the prize.  In addition, by entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at http://www.fragrancenet.com/f/net/privacy.html.  Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.  Sponsor is not responsible for disclosures made by any third party.  Entrants may subsequently opt-out of receiving further emails.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
  6.  No Tampering; Right To Cancel; Modify.  Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to inactive email accounts or an entrant's failure to monitor its email account; (c) entrants who have committed fraud or deception in entering or participating in the Giveaway or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Giveaway, or with any Website promoting the Giveaway; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Giveaway multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries.  If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Giveaway, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Giveaway promotion, including the entire Giveaway promotion, and/or modify the Giveaway and/or award the prizes based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.  If the Giveaway is terminated or modified due to technical difficulties or unforeseen events prior to the expiration date of the Entry Period, in Sponsor's discretion, notice may be posted at the Website. Sponsor reserves the right to discontinue the Giveaway at any time, in its sole discretion, subsequent to the end of any given Monthly Entry Period.
  7.  Release of Liability; Disclaimer of Warranty. By participating in the giveaway entrants and winners agree to release and hold harmless Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the"Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with the administration of, preparation for, or participation in, the Giveaway, or possession, acceptance and/or use or misuse of the prize or participation in any Giveaway-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Giveaway.  Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.
  8. Except where prohibited, entrants agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Courts of the State of New York for Suffolk County. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum nonconveniens or lack of personal jurisdiction that they may have.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover, and the parties hereby waive all rights to claim, indirect, punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief or to have damages multiplied or otherwise increased.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING INCONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

  1.   Use of Data.  Sponsor will be collecting personal data about entrants online in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at http://www.fragrancenet.com/f/net/privacy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information, agree to receive newsletters and specials offers via email and acknowledge that they have read and accepted Sponsor’s privacy policy.
  2.  FragranceNet.com, Inc. 900 Grand Blvd,Deer Park, NY 11729. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Woobox.  Any and all questions, comments or complaints regarding the Sweepstakes must be directed solely to Sponsor. You are providing your information to Sponsor.

11 Winner List. To obtain a copy of the winners' list, send a self-addressed, stamped envelope to: FragranceNet.com,Inc [Month and Year] Monthly Giveaway, 900 Grand Blvd, Deer Park, NY 11729 within 90 days of the winner announcement.

Instagram Mini Giveaway June 2017 Official Rules

Posted by Eautalk on Mon, 06/05/2017 - 2:58 PM

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A purchase or payment will not improve your chances of winning. ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES TIMELY RECEIVED.         

The FragranceNet.com, Inc. (“Sponsor”) Mini Giveaway will be conducted as a one-time Sweepstakes. The Sweepstakes entry period (each an “Entry Period”) is specified below and designates the time in which all entries must be received.  Eastern Time shall control for all purposes of this Sweepstakes.  Sponsor's clock shall be the official timekeeper for the Sweepstakes.  The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. 

  1.  Eligibility. The Sweepstakes is open only to legal residents of the 50 United States who are 18 years of age or older at the time of entry.  Proof of residency and age may be required prior to award of any prize.  Employees, officers and directors of Sponsor, its affiliates, partners, advertising and Sweepstakes agencies, and their immediate families or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
  2. To participate in the Sweepstakes, you must have a valid Instagram account. If you do not already have an Instagram account, you can create one free of charge at www.instagram.com. To enter the Sweepstakes, during the Entry Period:  (1) Like the official giveaway post on FragranceNet’s Instagram page.  (2) Follow FragranceNet’s Instagram (3) Repost the official giveaway photo to entrant’s own Instagram page and caption with #fragrancenet and @fragrancenet

Limit one (1) entry per person, per household during the Sweepstakes Period. Use of any automated system to participate is prohibited and will result in disqualification.  Entrants are eligible to win only one (1) FragranceNet.com Sweepstakes in any ninety (90) day period. Although it is free to enter, standard message and data charges may be incurred if you use your mobile device to enter the Sweepstakes.  Entries will be deemed to have been submitted by the authorized account holder of the Instagram account from which the entry post was made, as identified by the authorized account holder of the primary email address associated with that account.  "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with that email address.   

The Sweepstakes will take place on the Entry Date as specified below.

All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.

  1.  Online entry for the Sweepstakes is open during the following entry periods:

Start date: Tuesday, June 6, 2017, 1:00PM (ET) – End date Thursday, June 8, 2017, 1:00pm (ET)

Entries received after the closing times will not be considered. After each Entry Period, Sponsor or its designee will conduct a random drawing using randomization methods selected by Sponsor, in its sole and absolute discretion, and select twenty (20) potential prize winner from all eligible entries received during the applicable Entry Period.  Winner will be announced via an Instagram direct message within approximately two business days after the closing date of the competition. All decisions of Sponsor on all matters relating to this Sweepstakes, including, without limitation, the selection and determination of winners of this Sweepstakes shall be final and binding.  The potential winner may be required to sign and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) and/or other related documents (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the prize will be awarded to winner's parent or legal guardian and the Affidavit must be executed by such parent or legal guardian. If a potential winner is not able to be contacted by Sponsor within seven (7) days following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within thirty (30) days, or is otherwise not in compliance with these Official Rules, the prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate winner. 

  1. There will be 20 (20) prize winners in total for the Sweepstakes. The prizes are 1 (one) mini fragrance of the winners’ choice. One lucky winner will win the full size fragrance instead of a mini. Prize will be as announced by direct messaging winner on Instagram. If prize or any portion thereof is not accepted, is unclaimed or unused by a winner, it will be forfeited and will not be substituted.  No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent) if a stated prize is unavailable or for any other reason. Winners are responsible for any taxes payable on prize. Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a prize to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes, are the sole responsibility of the winner.  SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
  2. By entering the Sweepstakes, entrants fully and unconditionally agree to be bound by these Official Rules, which will be final and binding in all matters relating to the Sweepstakes. By entering, winner agrees to that Sponsor or its designees may use their names, photographs, likenesses, biographical information, city and state of residence and/or statements made by winner regarding the Sweepstakes or Sponsor, for purposes of advertising, trade, or promotion in any media (now known or hereafter known) throughout the world in perpetuity, without further compensation, notification or permission, unless prohibited by law. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use of any and every nature and kind.
  3. By entering this Sweepstakes, each entrant releases, holds harmless, covenants not to sue, and forever discharges Sponsor, Instagram, and their respective parent companies, affiliates and subsidiaries, retailers, divisions, advertising and Sweepstakes agencies, and all others associated with the development and execution of this Sweepstakes, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as, the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Sweepstakes including without limitation, in connection with (i) the administration of the Sweepstakes, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Sweepstakes, the processing of entries, the announcement of any prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any prize or prize materials, and/or (ii) entrant’s participation in this Sweepstakes or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to any travel related thereto, and death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Sweepstakes or any Sweepstakes-related activity. No more than the stated number of prizes will be awarded. Sponsor reserves its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Sweepstakes and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Sweepstakes or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes; or with the intent to annoy, abuse, threaten or harass any other person.  Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Sweepstakes as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, 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, public health crisis, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right, in its sole discretion, to modify, suspend, extend or terminate the Sweepstakes. 
  4. Except where prohibited, entrants agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the Courts of the State of New York for Suffolk County. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover, and the parties hereby waive all rights to claim, indirect, punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief or to have damages multiplied or otherwise increased.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

  1.   Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy.  Please review the Sponsor’s privacy policy at https://www.fragrancenet.com/f/net/privacy.html. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
  2.  FragranceNet.com, Inc. 900 Grand Blvd, Deer Park, NY 11729. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.  Any and all questions, comments or complaints regarding the Sweepstakes must be directed solely to Sponsor, not Instagram. You are providing your information to Sponsor (FragranceNet.com), not to Instagram.
  3.  Winner List. To obtain a copy of the winners' list, send a self-addressed, stamped envelope to: FragranceNet.com, Inc.Mini Giveaway, 900 Grand Blvd, Deer Park, NY 11729 within 90 days of the winner announcement.