Essie – Mercury In Retrograde Iii – Win a selection of essie Mercury in Retrograde shades

Doc#: 120658 V.3
OFFICIAL RULES
Mercury in Retrograde III Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE
YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER
OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.
1. PROMOTION: The Mercury in Retrograde III Sweepstakes (the “Sweepstakes”) starts on October
15, 2019 at 12:00 PM Eastern Daylight Time (“EDT”) and ends on October 31, 2019 at 11:59 PM EDT
(“Sweepstakes Period”). Sponsor’s computer shall be the official timekeeper for all matters related to
this Sweepstakes.
2. ELIGIBILITY: Open only to legal residents of the fifty (50) United States (excluding Puerto Rico)
and the District of Columbia, 18 years of age or older at time of entry. Anyone under the age of majority
in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21)
in Mississippi) at the time of entry must also have the consent of one of his or her parents or legal
guardian, and a parent or other legal guardian must agree to the enforceability of these official rules.
Void where prohibited. Employees (and their immediate families (parent, child, spouse or sibling and
their respective spouses, regardless of where they reside) and those living in their same households,
whether or not related) of essie (“Sponsor”), Dermablend, Makeup.com, Sunday Forever, Astro Twins
and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not
eligible to enter or win. By participating entrants agree to be bound by these Official Rules and the
decisions of the judges and/or Sponsor, which are binding and final on matters relating to this
sweepstakes. Sweepstakes is subject to all applicable federal, state and local laws.
3. TO ENTER: During the Sweepstakes Period, 1) visit Pinterest, Instagram and/or Facebook
(“Platform”) on either your mobile or desktop device and look for the pop-up “Mercury in Retrograde
Sweepstakes” ad or go to https://pages.news.essie.com/mercuryinretrogradeIII (“Link”) and complete
and submit the official entry form. All online entries must be received by 11:59 PM EDT on October 31,
2019 to be eligible. Limit one (1) entry per person, per email address for the duration of the Sweepstakes
Period. Multiple entries received from any person or email address after the first entry received from that
person or email account will be void. Submitting an Entry on one or both Platforms or via Link is
considered one (1) Entry. Submitting an Entry on both Platforms and Link will not increase your chance
of winning. Entries generated by script, macro or other automated means or means which subvert the
entry process will be void. All entries become the property of Sponsor and will not be acknowledged or
returned. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with any
social platform (i.e. Instagram, Pinterest or Facebook.) Any questions, comments or complaints
regarding the Sweepstakes should be directed to Sponsor, not social platform. If you choose to enter
using your mobile device, standard data fees may apply. See your wireless provider for pricing plan
details.
You may be asked to consent to receive promotional communications. Consenting is optional and is not
required to participate in the Sweepstakes and will not improve your chances of winning.
4. DRAWING: Four (4) potential winners (one (1) Grand Prize winner and three (3) First Prize winners
will be selected in a random drawing held on or about December 1, 2019 from all eligible entries received
by Sponsor. Odds of winning depend on the number of eligible entries received. Limit of one (1) prize
per potential winner for entire Sweepstakes Period.
5. WINNER NOTIFICATION: Potential winners will be notified on or about December 1, 2019 by
e-mail and may be required to execute and return an affidavit of eligibility, a liability release and, where
lawful, a publicity release within seven (7) days of date of issuance. If such documents are not returned
within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is
unable to contact a potential winner, potential winner does not respond to Sponsor’s communication with
48 hours from time of contact for any reason, or a potential winner is not in compliance with these Official
Rules, prize will be forfeited and, at Sponsor’s discretion, up to three (3) alternate winners may be
determined, after which the applicable prize will remain un-awarded. If a potential winner is an eligible
minor in his/her jurisdiction of residence, prize may be awarded in the name of his/her parent or legal
guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein.
6. GRAND PRIZE: One (1) potential Grand Prize winner will receive a selection of essie Mercury
in Retrograde shades, Approximate Retail Value (“ARV”) is $18.00, a selection of Dermablend product,
$177.00, a Makeup.com customizable makeup bag, $97.00, a Spa gift card, $150.00, one (1) Sunday
Forever Mega Crystal Kit, $150.00, one (1) Astro Twins Custom Zodiac Necklace and one (1) How To
Get Along With Anyone: (Yes, Even That Person), $97.00. Total ARV of Grand Prize: $649.00. FIRST
PRIZE: Three (3) potential winners will each receive a selection of essie Mercury in Retrograde shades,
$18.00 ARV, a selection of Dermablend product, $177.00, one (1) Sunday Forever Mega Crystal Kit,
$110.00, one (1) Astro Twins Custom Zodiac Necklace and one (1) Love Zodiac: The Essential Guide
for Women, $91.00. Total ARV of each First Prize: $396.00. Total ARV of all prizes: $1,831.00. Limit
of one (1) prize per potential winner for entire Sweepstakes Period. Product selection determined by
Sponsor. Gift card is subject to certain terms and conditions as specified by issuer. Prizes are awarded
“as is” with no warranty or guarantee, either express or implied by Sponsor. Winner(s) may not substitute,
assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to
substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for
all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with
prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole
discretion. Sponsor reserves the right not to award all prizes or to choose fewer than four (4) winners if,
in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
7. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late,
incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries
or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website,
or other connections, availability or accessibility or miscommunications or failed computer, satellite,
telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or
misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or
other errors or difficulties of any kind whether human, mechanical, electronic, computer, network,
typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without
limitation, errors or difficulties which may occur in connection with the administration of the
sweepstakes, the processing of entries, the announcement of the prizes or in any sweepstakes-related
materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether
caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized
in the sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any
other person’s computer related to or resulting from participating in this sweepstakes or downloading
materials from or use of the website. Persons who tamper with or abuse any aspect of the sweepstakes
or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be
disqualified and all associated entries will be void. Should any portion of the sweepstakes be, in
Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other
causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness
or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend,
modify or terminate the sweepstakes and, if terminated, at its discretion, select the potential winners from
all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate
by Sponsor. Entrants, by participating, agree that Sponsor, Dermablend, Makeup.com, Sunday Forever,
Astro Twins and their respective parents, affiliates, subsidiaries and advertising and promotion agencies
and all of their respective officers, directors, employees, representatives and agents (collectively,
“Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against,
any liability, for any injuries, losses or damages of any kind, including death, to persons, or property
resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any
prize including any travel/activity related thereto, including any harm/injury caused from the use of a
vehicle or participation in this sweepstakes. Each winner, by acceptance of prize, except where legally
prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state),
photograph, voice and/or other likeness and prize information for advertising, trade and promotional
purposes without further compensation, in all media now known or hereafter discovered, worldwide in
perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from
multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time
of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account
subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP),
on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION:
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE
LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND
CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY
ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING
ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE
FULLEST EXTENT PERMITTED BY LAW.
8. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion,
participant agrees that (1) any and all disputes and causes of action arising out of or connected with this
Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class
action, and exclusively by final and binding arbitration under the rules of the American Arbitration
Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act
shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment
upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances
will participant be permitted to obtain awards for, and participant hereby waives all rights to claim,
punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than
participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion),
and participant further waives all rights to have damages multiplied or increased.
9. 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.essie.com. 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.
10. WINNERS’ LIST: For the names of the winners (available after December 15, 2019), send a self-
addressed stamped envelope to: Mercury in Retrograde Sweepstakes Winners, c/o essie, 10 Hudson
Yards, 32 Floor, New York NY 10001 for receipt no later than June 15, 2020.
. 11. SPONSOR: essie, 10 Hudson Yards, New York NY 10001