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1.WHO MAY ENTER: The ‘Color Club Instagram Competition’ (‘Competition’) is opento legal residents of the United Kingdom. Entrants under the age of 18 musthave permission from their parents or legal guardians to participate. Employeesof Promoter and their respective parent companies, affiliates, subsidiaries,advertising, promotion, and fulfillment agencies, their immediate familymembers and persons living in their same household, are not eligible toparticipate in the competition. Participation in the competition constitutesentrant’s full and unconditional agreement to and acceptance of these OfficialRules & Regulations (“Official Rules”). This competition is in no waysponsored, endorsed or administered by, or associated with, Instagram orTwitter. You understand that you are providing your information to the Sponsorand not to Instagram or Twitter. The information you provide will be used forthe purposes of the competition administration. VOID WHERE PROHIBITED.
2.HOW ENTER: During the Entry Period (as defined below), guess how many ColorClub nail polishes are in the vase, and write your answer in the comments.Entries must be submitted by 5pm GMT on April 16th, 2014 to beconsidered. All entries must adhere to these Participation Terms and theguidelines set forth in the Entry Requirements section below to be eligible.Entries will be accepted between 5pm GMT April 15th, 2014 and 4pmGMT on April 16th, 2014 (“Entry Period”). Only entries received during theEntry Period and which are otherwise fully compliant with these ParticipationTerms are “Valid Entries.” Unlimited Entries per person. In the event of adispute involving Entries submitted by multiple individuals using the sameemail account or address, the Entry will be deemed to have been submitted bythe authorized subscriber of the email account used to enter the competition atthe time of Entry. The authorized account holder is defined as the naturalperson who is assigned to an email address by the relevant Internet accessprovider, online service provider or other organization responsible forassigning email addresses for the domain associated with the submitted emailaddress.
3.PRIZES: One (1) randomly selected winner will receive a set of Color Club Gala’sGems nail polishes (worth £15). Total competition ARV is £15. Sponsor is notresponsible for lost or mutilated prizes and none will be replaced. Prizes arenontransferable and must be accepted as awarded. No substitution, assignment ortransfer of any prize is permitted, except by Sponsor, who has the right tosubstitute a prize with another of comparable or greater value. Prizes will besent to all confirmed winners within three weeks after the end of the PromotionPeriod. Total aggregate value of all prizes to be awarded: £15.00.
5.SELECTION: One (1) winner will randomly be selected via Instagram comment. Winnermust be following Birchbox on Instagram and have a public account to beeligible for entry. The odds of winning the competition prize shall depend onthe total number of eligible entries received. The winner is solely responsiblefor any and all local or national taxes that apply to prizes. No cash or othersubstitution of prizes is permitted, except at the sole option of Promoter fora prize of equal or greater value. A prize won by minors will be awarded to theparents or legal guardians, who must sign all required affidavits and releases.Promoter will not replace any lost or stolen prizes. Sponsor is not responsiblefor any delay or failure to receive notification for any reason, includinginactive email account(s), technical difficulties associated therewith, orWinner’s failure to adequately monitor any email account. Winner must thenrespond to Sponsor within fourteen (14) days. Should Winner fail to respond toSponsor, Sponsor reserves the right to disqualify Winner. Sponsor is notrequired to give away prizes in the event that a potential Winner isdisqualified or otherwise does not claim prize. Except where prohibited,participation in the promotion constitutes participant’s consent to Sponsor’suse of participant’s name, likeness, voice, opinions, biographical information,and residence for promotional purposes in any media without further payment orconsideration. Winners will be required to sign an affidavit of eligibility,liability release and a publicity release that, among other things, willfurther allow Sponsor to use a winner’s name, likeness, voice, opinions,tweets, biographical information, and residence for publicity and promotionalpurposes without further compensation where permitted by law.
6.NOTIFICATION OF WINNER: The winner(s) will be notified at the end of thecompetition and may be required to sign and return an affidavit of eligibilityand publicity/liability release within seven (7) business days of notification.If a selected Winner cannot be contacted, is ineligible, fails to claim a prizeand/or where applicable an affidavit of eligibility and publicity/liabilityrelease is not timely received, is incomplete or modified, prize may beforfeited and an alternate Winner will be selected from remaining valid,eligible entries timely submitted. In the event of a dispute regarding whosubmitted an entry, the entry will be deemed submitted by the authorizedaccount holder of the e-mail account specified in the entry. “Authorizedaccount holder” is defined as the natural person who is assigned to an e-mailaddress by an Internet access provider, online service provider, or otherorganization (e.g., business, educational institution, etc.) that isresponsible for assigning e-mail addresses for the domain associated with thesubmitted e-mail address. No automatically generated entries will be accepted.
8.GENERAL: By participating, all participants warrant and represent that theyhave complied in full with these Participation Terms, including but not limitedto all eligibility requirements, and further agree to be bound by theseParticipation Terms and the decisions of Sponsor and/or the judgingorganization or entity, which are final and binding in all respects. Sponsorreserves the right to withdraw and terminate, or modify, the online method of Entryif it becomes technically corrupted, if a computer virus or system malfunctionimpairs its ability to conduct the competition, or if the online Entry methodotherwise becomes impossible, impractical, infeasible for any other reason. Iffor any reason the competition is not capable of running as planned, includingwithout limitation, infection by computer virus, bugs, tampering, unauthorizedintervention, fraud, technical failures, or any other causes which corrupt oraffect the administration, security, fairness, integrity or proper conduct ofthe competition, Sponsor reserves the right, at its sole discretion to cancel,modify or terminate the competition.
9.WARRANTY: By entering, each Applicant warrants and represents (i) that theparticipant owns all rights to the submission he/she is entering in thiscompetition, including, without limitation, the video or digital recording, andthe performance contained in each Photo submission, with the exception of anySponsor brand assets provided or made available by the Sponsor for use byparticipants in connection with this competition; (ii) that the participant isthe individual pictured and/or heard in the submission, or, alternatively, thatthe participant has obtained permission from each and every person appearing inthe Photo Entry/submission, granting full exhibition rights to the Sponsor asdescribed in these Participation Terms, and can make written copies of suchpermissions available to the Sponsor upon request; (iii) and that his/her submission:(a) is original to the participant and has been legally obtained and created,(b) does not infringe the intellectual property, privacy or publicity rights orany other legal or moral rights of any third party, or violate applicable laws,rules regulations, or network standards; and (c) has not been entered in or wonany previous competitions or awards.
10. Additional Conditions: Except where prohibited, by accepting any prize, Winnerconsents to the use of his/her name, photo and/or likeness, biographicalinformation, winning entry and statements attributed to winner (if true) foradvertising and promotional purposes without additional compensation. Allentries become property of Promoter and none will be acknowledged or returned.Allow 6-8 weeks for delivery of prizes.
11. Winner’s List, Official Rules: For information on the winner or a copy of theseOfficial Rules, send your request and a stamped, self-addressed envelope to theColor Club Instagram, Birchbox UK 6 Heddon Street London W1B 4BT, or (forWinner’s list only) send an email message to support@Birchbox.co.uk with“Winner’s list” as the email subject and contest name specified in the body ofthe e-mail.
12.Promoter is Beautycom UK LTD, doing business as Birchbox UK with officeslocated at Birchbox UK 6 Heddon Street London W1B 4BT UK
14.Governing Law: These Rules and the competition are governed by English law. Anydispute arising from, or related to, them shall be subject to the non-exclusivejurisdiction of the courts of England and Wales.