Smiley360 AcneFree Twitter Party Promotion
NO PURCHASE OR PAYMENT NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor's discretion, result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins Wednesday, April 29th, 2015 at 2pm ET/1pm CT/11am PT and ends 3pm ET/2pm CT/12pm PT
2. ELIGIBILITY. This Promotion is only open to participating Smiley360 members who are legal residents of the 50 United States and District of Columbia and who are at least 18 years old as of the date of entry. This promotion is not open to officers, directors, members, and employees of the Sponsor, Valeant Pharmaceuticals North America LLC, and their respective affiliates, subsidiaries, advertising, promotion agencies or their judging organization (if applicable), or any other party associated with the development or administration of this Promotion or their immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited. Promotion is void where prohibited by law.
3. HOW TO ENTER. Enter by submitting a Tweet during each Question period specified by @Smiley360 using the predetermined (#FilterFreeSkin). Use of automated or scripted programs to submit Tweets is prohibited. Promotion ends Wednesday, April 29th, 2015 at 3pm ET/2pm CT/12pm PT. Entry constitutes acceptance of these rules. Limit one prize per winner during the entire Promotion Period. All the details at http://blog.smiley360.com/AcneFree.html.
4. WINNER SELECTION AND NOTIFICATION. First five responses to the questions in the form of a Tweet using the #HASHTAG will be selected as one of five winners of specified prize. Winners will be chosen after the close of each Question. @Smiley360 will identify the 5 winners from the first five entries. All decisions are final. Neither Smiley360 nor the Sponsor is responsible for misdirected or undeliverable Tweets, including those from private Twitter accounts, or for any claims, losses, expenses or liabilities arising out of an entrant's participation in this Promotion or use of any prize. If a potential winner: (i) cannot be contacted via direct message through Twitter or email; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) refuses the prize; and/or (iv) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. (After five (5) such alternate potential winners have been selected without securing an eligible winner, the prize may remain un-awarded.) Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the "winner" of the Promotion.
5. PRIZE DESCRIPTION. (5) five AcneFree® product samples will be given to (5) five individual and unique winners for each of the (8) eight questions during the one hour period. Winners will be allowed to select their prize from the following product list; AcneFree 24 Hour Acne Clearing System, AcneFree Drying Lotion, AcneFree Energizing Acne Cleanser or AcneFree Body Clearing Acne Spray. Winners selected as outlined in the WINNER AND NOTIFICATION SELECTION Section above.
6. TAXES. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility.
7. ODDS OF WINNING. Odds of winning depend on the number and timing of the Tweets received. Winners must provide contact information to ship prize. Failure to respond to prize notification or provide required information may result in forfeiture of the prize and award to the next more recent Tweet.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, Valeant Pharmaceuticals North America LLC, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, and their respective parents, subsidiaries, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to the use of his/her name likeness of such winner for editorial, advertising and publicity purposes by the Sponsor, Valeant Pharmaceuticals North America LLC, and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release.
10. DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. (vi) The value(s) of the prize(s) set forth above represent Sponsor's good faith determination of the approximate retail value(s) thereof; the actual fair market value(s) as ultimately determined by Sponsor are final and binding and cannot be challenged or appealed. In the event the stated approximate retail value(s) of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages.
12. WINNER LIST. For a list containing the name(s) of the winner(s), send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Smiley360, "Smiley360 AcneFree Twitter Party Promotion," Social Media Link, 263 West 38th Street, 8th Floor, New York, NY 10018.
13. SPONSORSHIP. Prizing is sponsored by Smiley360 & Social Media Link, 263 West 38th Street, 8th Floor, New York, NY 10018 (individually and collectively, the "Sponsor").
AcneFree is a registered trademark of Valeant Pharmaceuticals International, Inc., or its affiliates. SK/ACF/15/0023