NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE TERMS AND CONDITIONS, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION
The "Enter For a Chance to Win a $2,000 Henri Bendel Shopping Spree" (the "Sweepstakes") is sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 16th Floor, San Francisco, California 94104, and by L Brands, Inc., having a corporate address of 2 Limited Parkway, Columbus, OH 43230 (collectively, the "Sponsor"). Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions contained herein (the "Ts&Cs"). The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited.
TERMS AND CONDITIONS:
1. This Sweepstakes is open to legal residents physically residing in the fifty (50) United States and the District of Columbia, aged 18 or over, or who meet the relevant jurisdiction's minimum age requirement, excluding employees of Sponsor and their immediate families, household members, agents or anyone else professionally connected with this Sweepstakes. Winner may be required to furnish proof of identity, address, and birth date in order to receive a prize. The sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited by law (NEW JERSEY NOTICE: This sweepstakes is not void in the state of New Jersey).
2. Sweepstakes Period: The Sponsor's computer is the official time-keeping device for the Sweepstakes.
Event Timeline Pacific Standard Time
(PST)
Start of Campaign: WEDNESDAY, NOVEMBER 2, 2016, 08:45 AM
End of Campaign: MONDAY, NOVEMBER 14, 2016, 11:59 PM
3. Entry: To enter, go to http://mhblog.popsugar.com/Win-2000-Shopping-Spree-Henri-Bendel-42609436 and complete the following during the Sweepstakes Period, in order to be entered into the Sweepstakes:
a. Name
b. Email Address
You may also enter by mailing your name and address to POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: Enter For a Chance to Win a $2,000 Henri Bendel Shopping Spree. To be considered eligible in the Sweepstakes, entries must be postmarked no later than MONDAY, NOVEMBER 14, 2016 and received no later than WEDNESDAY, NOVEMBER 16, 2016.
4. By entering this Sweepstakes you agree to be bound by these Ts&Cs.
5. By submitting an entry in the Sweepstakes, entrant confirms and warrants that entrant owns all copyright and rights in the nature of copyright ("Rights") in the entry and acknowledges and agrees that Sponsor will own all such Rights. Each entrant therefore hereby irrevocably grants, transfers, sells, assigns, and conveys to Sponsor and its successors and assigns, all Rights of whatsoever kind in and to the entry for use and publication throughout the universe, in perpetuity, by means of any and all media and devices whether now known or later devised. Further, each entrant hereby waives in favor of Sponsor, all moral rights that he/she may now or later have to his/her entry. Sponsor shall have the right, in its sole discretion to edit, composite, morph, scan, duplicate, or alter the entry for any purpose which Sponsor deems necessary or desirable and entrant hereby waives all moral rights in the entry and any similar rights elsewhere in the world. Each entrant hereby acknowledges he/she does not reserve any rights in his/her entry.
6. Maximum of one (1) entry into the Sweepstakes per person, per household, and per email address.
7. No purchase is necessary to participate in this Sweepstakes. Odds of winning will depend on how many eligible entries are received.
8. Prize(s): The winner will win a $2,000 Henri Bendel Gift Card for a total retail value of TWO THOUSAND ($2,000) USD (the "Prize"). Prizes will be delivered to confirmed winner(s) to a valid U.S. address. The value of the gift card is less any applicable activation, transaction, or maintenance fees and subject to certain fees, terms, conditions, and restrictions, which will be disclosed on the gift card. Sponsor is not responsible if the gift card is lost, stolen, destroyed, or used without permission, and the gift card will not be replaced.
9. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the winner(s); provided, however that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize. In no event shall the Sponsor be obligated to award more prizes than the number of Prize(s) stated in these Ts&Cs.
10. Winner Selection: After the Sweepstakes Period, one (1) winner(s) will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period. Winner(s) shall be the person whose email account was used to submit the winning entry into the Sweepstakes, and an entry will be deemed to have been submitted by the person in whose name the email account is registered. Sponsor reserves the right to deliver Prize(s) directly to the email and/or mailing address provided by an entrant in his or her entry to the Sweepstakes.
11. Winner Notification: The winner(s) will be contacted by email after the end of the Sweepstakes Period. Each winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Sponsor within five (5) business days of initial contact to confirm eligibility; and (b) sign an affidavit or declaration of eligibility and liability and publicity release form and return it to Sponsor within five (5) business days of attempted delivery. Except where the prize is time-sensitive, in which case no alternate winner will be drawn, if a winner fails to respond to Sponsor's notification, fails to complete the forms as indicated herein, or fails to meet the qualifying criteria listed above, such winner may be disqualified and an alternative winner may be selected, up to three times. Other restrictions may apply, and an entrant or winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Ts&Cs, as determined in Sponsor's sole discretion.
12. Winner(s) shall be responsible and liable for all federal, state, and local taxes on the value of their prize. If required by Sponsor, the winner(s) must complete and return to Sponsor an IRS Form W-9 that reflects each winner's Taxpayer Identification Number or Social Security Number. The winner(s) may receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service.
13. The acceptance of the Prize by winner(s) constitutes each winner's permission for Sponsor to use winner's name, address, biographical information, and testimonials for advertising and/or publicity purposes in connection with this Sweepstakes only, worldwide, and in all forms of media now known or hereafter developed, in perpetuity, and without further compensation.
14. Winner publication: The names and locations of confirmed winner(s) will be available for two (2) years after the end of the Entry Period by sending a request to the Sponsor address at the end of these terms.
15. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
16. Data Protection: Sponsor will only use the personal details you supply for the administration of the Sweepstakes and for no other purpose, without your prior consent. Sponsor shall use any personal data in accordance with its privacy policy located at, www.popsugar.com/privacy and http://www.henribendel.com/customer-service/privacy-policy/privacy-policy.html, respectively.
17. This Sweepstakes is not endorsed by, administered or associated with Facebook, Instagram, or Twitter (collectively, the "Social Media Companies"). Entrants hereby release each Social Media Companies from all responsibility and liability in respect of the Sweepstakes.
18. Incomplete, illegal, misdirected or late entries, or entries not in accordance with these Ts&Cs, will not be accepted. Proof of sending will not be accepted as proof of delivery. Releasees (defined below) take no responsibility for entries delayed, incomplete, illegible, unintelligible, misdirected, damaged or lost due to technical reasons or otherwise.
19. Sponsor reserves the right, in its sole discretion, to disqualify any individual or void any entry or Prize award to any entrant who corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes or is otherwise in violation of any applicable law or of these Ts&Cs. This includes, for example, the use of computer 'script,' 'macro,' or 'brute force,' masking identities by manipulating IP addresses, or using any automated means in order to increase entries into the Sweepstakes in a manner that is not consistent with the spirit of the Sweepstakes.
20. If, for the reasons set forth in Section 18, or other reasons outside the reasonable control of the Sponsor, the Sweepstakes cannot be run or administered as planned, Sponsor reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Sponsor shall post a notice on the Sweepstakes entry page to such effect. Sponsor further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Sponsor believes in good faith is fair to the entrants.
21. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of the Sponsor and which prevents the Sponsor from complying with these Ts&Cs, the Sponsor will not be liable for any failure to perform or delay in performing its obligation.
22. Participation in the Sweepstakes is at entrant's own risk. By receipt of any Prize, the applicable winner(s) agrees to indemnify, release, reimburse, and hold harmless Sponsor, Social Media Companies, and each of their respective partners, subsidiaries, affiliated entities, employees, directors, officers, agents, successors, assigns or representatives (collectively, "Releasees") from any liability resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any Prize or participation in this Sweepstakes or any Sweepstakes-related activities to the extent permitted by law. Please note that some states such as New Jersey limit or prohibit indemnification obligations; therefore this provision does not apply to you if you are resident of such state(s).
23. Releasees shall not be liable for any electronic miscommunications or failures, nor technical hardware or software failures of any kind with respect to the Prize or the Sweepstakes. Because some jurisdictions, including but not limited to New Jersey, do not allow for exclusions or limitations of liability, the foregoing limitation does not apply to you, if you are a resident of such jurisdictions.
24. Limitations of Liability: Sponsor, together with its respective affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives are not responsible for: (1) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. Because some jurisdictions, including but not limited to New Jersey, do not allow for exclusions or limitations of liability, the foregoing limitation does not apply to you, if you are a resident of such jurisdictions.
25. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
26. BINDING ARBITRATION: BY AGREEING TO ARBITRATION, PARTICIPANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE "AAA RULES") THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN SAN FRANCISCO, CA; (IV) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (V) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. ARBITRATION SHALL BE HELD IN SAN FRANCISCO, CALIFORNIA.
27. Entrant(s) and winner(s) have been given a full opportunity to review and analyze these Ts&Cs and fully and completely understand all of the terms of these Ts&Cs. With the exceptions noted in these Ts&Cs, entrant(s) and winner(s) acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Releasees, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon entrant(s)' and/or winner(s)' heirs, executors, and administrators, and anyone claiming by or through entrant(s) or winner(s).
Sponsor: POPSUGAR Inc., having a corporate address of 111 Sutter Street, 16th Floor, San Francisco, California 94104, and L Brands, Inc., having a corporate address of 3 Limited Parkway, Columbus, Ohio 43230.