Last Updated June 15, 2016
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Kendo Holdings, Inc.
425 Market Street, 19th Floor
San Francisco, CA 94105
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Kendo Holdings, Inc.
Attn: General Counsel
425 Market Street, 19th Floor
San Francisco, CA 94105
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Ole Henriksen Wanderlust April 2017 Official Rules
- NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THESE CONTESTS OR TO RECEIVE A PRIZE. A PURCHASE WILL NOT AFFECT OR IMPROVE THE CHANCES OF WINNING. These contests are subject to all applicable laws and regulations. Void where prohibited or restricted by law.
- Sponsor: Kendo Holdings Inc., 425 Market Street, 19th Floor, San Francisco, CA 94105 (the “Sponsor”). The sweepstakes are not sponsored, endorsed or administered by, or associated with, Instagram.
- The Sweepstakes: The Ole Henriksen Wanderlust Sweepstakes consist of one (1) random sweepstakes. The Sweepstakes will start on Friday, April 21, 2017 at 12:00 a.m. (midnight) Pacific Standard Time (“PT”) and end at 11:594 p.m. PT on Wednesday, April 26, 2017. Sponsor is not responsible for late, incomplete, misdirected, delayed, or undelivered entries, including without limitation entries not timely received due to telephone failures, Internet failures and disruptions, and ISP problems. Incomplete information may result in disqualification of entry.
- Eligibility: The Sweepstakes are open only to legal residents of the United States (excluding Puerto Rico, Guam and all other U.S. and foreign territories and possessions not otherwise mentioned herein) who are 18 years of age or older and the age of majority in their state or territory of primary residence as of the date of entry. Note that travel and accommodations are not included in The Sweepstakes. The Sweepstakes are not open to employees, independent contractors, officers, directors, agents or representatives of Sponsor, Sephora USA, Inc., Ole Henriksen or any of their parents, affiliates, subsidiaries, successors and/or assigns, or any of their advertising, promotion or fulfillment agencies, or legal advisors (all such persons and entities are referred to collectively as the “Contest Entities”), and the immediate family members (mother, father, brother, sister, daughter, son or spouse, regardless of where they live) and persons living in the same household (whether or not related) of any of the foregoing.
- To Enter: Sponsor will post on her channel tagging the Ole Henriksen Instagram account (@Ole_Henriksen). To enter the Sweepstakes, follow @Ole_Henriksen and re-gram the social graphic from @Ole_Henriksen’s Instagram channel that is associated with the Sweepstakes. Re-gram of the social graphic should include #OleGlow #Wanderlust108 @Ole_Henriksen in the caption, and must comply with all the Submission Requirements listed below. To enter the Sweepstakes, you must follow the Ole Henriksen Instagram account (@Ole_Henriksen) and you must not have set your posts to private in your Instagram account settings. Contest hashtags are #Wanderlust108 #OleGlow and use of the Contest Hashtag constitutes your unconditional acceptance of these Official Rules. Once you post your Submission to Instagram using the Contest Hashtag, you will be entered into the Sweepstakes corresponding with the Contest Period when your Submission is posted to Instagram. Your Submission must remain posted to your Instagram account until the winner for the Sweepstakes is selected and announced (see Section 6).
In addition, your Submission must comply with all of the following Submission Requirements:
- No person other than you, the entrant, may be pictured in the Submission.
- You must own all rights to the Submission.
- The Submission is your original work (modifying, enhancing or altering a third-party’s pre-existing work does not qualify as your original work), and has been legally obtained and created, does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws, or regulations, has not been entered in or won previous sweepstakes, contests or awards, and has not been published previously in any medium (other than on a website where you retain the rights to use, modify and remove the Submission).
- The Submission must not contain any libelous or defamatory statements or discriminatory language, or other language not suitable for a public forum, including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group (as determined in Sponsor’s sole discretion).
- The Submission must not contain any nudity, lewd, vulgar, hateful, indecent or obscene behavior, language or material (as determined in Sponsor’s sole discretion), or any other material (as determined in Sponsor’s sole discretion) that is unlawful, harmful, in violation of or contrary to any applicable law, statute, ordinance or regulation, abusive, tortious, threatening or harassing to any individual, partnership or corporation, invasive of another’s privacy, or is otherwise deemed by Sponsor to be objectionable or otherwise unsuitable for a public forum.
- The Submission must not violate any obligations you may have with respect to such Submission under any law or under contractual or fiduciary relationships.
- The Submission must not include any information that references other websites, addresses, email addresses, contact information or phone numbers.
- The Submission must not contain any advertisements, “spam” content or references to other products, offers or websites, critical comments about other Submissions or their authors, or images of medical conditions or claims of medical effectiveness.
Sponsor may, in its sole discretion, disqualify any Submission that does not comply with these Submission Restrictions or that Sponsor otherwise deems to be inappropriate in its sole discretion. In the event of disqualification, the Submission will not be judged or considered for a prize.
By entering the Sweepstakes and using the Sweepstakes Hashtags, each entrant understands and agrees that the entrant’s Submission (including the entrant’s Instagram user name and re-gram of the social graphic) may be accessible for viewing by the general public, and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act.
Only one entry per person per Contest Period is permitted. Use of multiple email addresses/accounts to enter more than once per Contest Period is prohibited.
There may be only one (1) named entrant for each Submission, regardless of the number of persons who may have contributed to the creation of the Submission. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the authorized account holder of the email address associated with the Instagram account of the entry, which the entrant will have the obligation to establish. Entries generated by a script, computer programs, macro, or other automated means will be disqualified.
|The Sweepstakes||Prize||Approximate Prize Value|
|Midnight on Friday, April 21, 2017 – 11:59pm PST
Wednesday, April 26, 2017
|Two (2) tickets to Wanderlust Event in LA on
April 29 OR 30, 2017 (travel and accommodations not included)
|Midnight on Friday, April 21, 2017 – 11:59pm PST
Wednesday, April 26, 2017
|One (1) swag bag for the winner||$200|
Tickets to the event will be delivered via email. Swag bag will be delivered to the confirmed winner to a valid U.S. address within three (3) weeks of winner confirmation (see Section 6). Prizes are non-refundable and non-transferable, cannot be combined with any other special offer or promotion, and must be accepted as awarded. Prizes may not be exchanged for cash value or substituted, except that Sponsor reserves the right in its sole discretion to substitute with either the cash value of a prize, or a prize or prizes of equal or greater value. 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 and fitness for a particular purpose. Applicable federal, state or local taxes and any other costs or expenses associated with the prizes are the sole responsibility of the winners. There will be no other prizes. The prizes will be awarded.
- THAT YOU OWN ALL RIGHTS TO YOUR SUBMISSION;
- THAT YOU ARE THE INDIVIDUAL PICTURED IN YOUR SUBMISSION; AND
- THAT THE SUBMISSION: (a) IS YOUR ORIGINAL WORK AND HAS BEEN LEGALLY OBTAINED AND CREATED; (b) DOES NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS, OR REGULATIONS; (c) HAS NOT BEEN ENTERED IN OR WON PREVIOUS SWEEPSTAKES, CONTESTS OR AWARDS; AND (d) HAS NOT BEEN PUBLISHED PREVIOUSLY IN ANY MEDIUM (OTHER THAN ON A WEBSITE WHERE YOU RETAIN ALL RIGHTS TO USE, MODIFY AND REMOVE YOUR SUBMISSION).
As a further condition of entering the Sweepstakes, to the extent permitted by applicable law, you release and agree to indemnify and hold the Sponsor, the other Sweepstakes Entities, and Instagram harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements) arising from, or relating to, the breach or alleged breach of your representations, warranties or agreements in these Official Rules, your Submission, or your participation in these Sweepstakes, or your conduct during and in connection with these Sweepstakes.
- IN NO EVENT WILL SPONSOR, ANY OTHER CONTEST ENTITIES, OR INSTAGRAM BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ENTRANT’S PARTICIPATION IN ANY OF THESE CONTESTS, ANY PRIZES WON, ENTRANT’S ACCESS TO OR USE OF SPONSOR’S OR INSTAGRAM’S WEB SITES, APPLICATIONS OR SERVICES, OR THE ACCESSING, DOWNLOADING AND/OR PRINTING OF ANY MATERIAL AVAILABLE ON SAID SITES, APPLICATIONS AND SERVICES. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SPONSOR’S WEB SITES IS PROVIDED “AS-IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSIONS OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
- BY ACCEPTING A PRIZE, TO THE EXTENT PERMITTED BY LAW, THE WINNER AGREES NOT TO SUE OR BRING ANY LAWSUIT OR MAKE ANY CLAIM UNDER ANY THEORY WHATSOEVER AGAINST THE SPONSOR, ANY OF THE OTHER CONTEST ENTITIES, OR INSTAGRAM ARISING FROM OR IN CONNECTION WITH THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN THESE CONTESTS OR ANY CONTEST-RELATED ACTIVITY. IN ADDITION, TO THE EXTENT PERMITTED BY LAW, THE WINNER AGREES TO WAIVE, RELEASE, FOREVER DISCHARGE, DEFEND, INDEMNIFY AND HOLD HARMLESS SPONSOR, ALL OTHER CONTEST ENTITIES, AND INSTAGRAM FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LOSSES, CAUSES OF ACTION AND LIABILITY OF ANY NATURE WHATSOEVER, FOR ANY MATTER, CAUSE OR THING, INCLUDING, WITHOUT LIMITATION, ANY LOSS, INJURY OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, OR PROPERTY, OR OTHER HARM OR LOSS OF ANY NATURE WHATSOEVER, WHETHER DIRECT, COMPENSATORY, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL, CAUSED OR CONTRIBUTED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, WHILE PREPARING FOR OR PARTICIPATING IN OR OTHERWISE ARISING FROM OR IN CONNECTION WITH ACCEPTANCE, POSSESSION, USE OR MISUSE OF ANY PRIZE, PARTICIPATION IN ANY DAILY CONTEST OR ANY CONTEST-RELATED ACTIVITY.