2023 Live Your Color Sweepstakes
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.
1. PROMOTION: The 2023 Live Your Color Sweepstakes (the “Sweepstakes”) starts on May 18, 2023 at 12:00 AM Eastern Time (“ET”) and ends at 11:59 PM ET on June 1, 2023 (“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”), and its 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: There are two (2) methods of entry. During the Sweepstakes Period:
Promoted Ad: 1) You must be a logged in Instagram user. On the "organic and promoted ad" click the "Sign Up" blue button, complete the form and Submit to be entered for a chance to win.
Instagram: 1) visit Instagram on your desktop or mobile device and follow @essie if you do not do so already; 2) on @essie find the post related to the Sweepstakes and Like it; 3) Tag a friend and submit with #Sweepstakes. All online entries must be received by 11:59 PM ET on June 10, 2023 to be eligible. Tagging is optional and will not increase your chance of winning.
Limit one (1) entry per person, per Instagram account for the duration of the Sweepstakes Period. Multiple entries received from any person or Instagram account after the first entry received from that person or Instagram account will be void. 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.
Entrant is responsible for obtaining, prior to submission of the entry, any and all necessary releases and consents necessary to permit the use and exhibition of the entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry.
4.REQUIREMENTS OF ENTRIES: Any photo, video or comment submitted in connection with the Sweepstakes: (i) must be original work of entrant; (ii) must be truthful and accurate; (iii) may not include any exaggerated product claims or criticisms of third party products; (iv) may not be inappropriate, offensive, libelous or defamatory, pornographic, unlawful or plagiarized, as determined by Sponsor in its sole discretion; (v) must not be harassing, abusive, threatening, harmful, vulgar, profane, obscene, excessively violent, racially, ethnically or otherwise objectionable or offensive in any way, as determined by Sponsor in its sole discretion; (vi) may not violate or encourage others to violate any applicable law, statute, ordinance or regulation; (vii) may not defame or invade publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or property rights or any other third party rights; (viii) may not contain commercial or corporate advertising, including but not limited to corporate logos, brand names, and slogans, other than those relating to Sponsor; and (ix) if found to be in violation of these rules will be disqualified and therefore removed from the Sweepstakes.
5. PERMISSION: By submitting a Sweepstakes entry, entrant hereby grants permission for the Sweepstakes entry to be posted on Sponsor’s, and its branded websites and social platforms. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Sweepstakes entries by third parties. Released Parties do not guarantee the posting of any Sweepstakes entry. Entrants agree that they will not use the entry for any other purpose, including, without limitation, posting the Sweepstakes entry to any online social networks, without the express consent of Sponsor in each instance.
6. DRAWING: Five (5) Potential Winner (“Potential Winner”) will be selected in a random drawing held on or about June 20, 2023 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.
7. WINNER NOTIFICATION: Potential Winner will be notified on or about June 26, 2023 by Sponsor via Instagram. Potential Winner 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.
8. PRIZES: Five (5) Potential Winner will each receive a selection of essie product, Approximate Retail Value (“ARV”) is $300.00. Total ARV of all prizes: $1,500.00. Product selection determined by Sponsor. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winner 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. Sponsor reserves the right to not award prize to Potential Winner if Potential Winner engages in activities that do not, or have the potential not to, align with Sponsor’s values, or if Potential Winner acts in a disruptive manner, or with the effect to annoy, abuse, threaten or harass any other person or in any other objectionable behavior, any and all in the sole discretion of Sponsor. 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 choose fewer than five (5) winners if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries.
9. 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 Winner 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 and its 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 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.
10. 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.
12. WINNERS’ LIST: For the names of the winners (available after July 10, 2023), send a self-addressed stamped envelope to: 2023 Live Your Color Sweepstakes Winners, c/o essie, 10 Hudson Yards, New York NY 10001, for receipt no later than October 10, 2023
13. SPONSOR: essie, 10 Hudson Yards, New York NY 10001