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WHO MAY SUBMIT A PHOTO ENTRY: The #BBxUseMyPhoto Contest (“Contest”) is open to legal residents of the United Kingdom, who are at least 18 years of age at the time of entry. Void outside the UK, and wherever else prohibited by law. Employees of Birchbox, Inc. (the "Sponsor") and their respective parents, subsidiaries, affiliates, divisions, advertising and promotion agencies, and each of their respective officers, directors, shareholders, agents, employees, representatives, licensees, partners, associates, successors and assigns (collectively, "Contest Entities"), and the immediate family members of, and/or those living in the same household of each, are not eligible to enter. Contest is subject to all applicable federal, state and local laws and regulations. Sponsor’s decisions are final and binding on all matters relating to this Contest. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Twitter. You understand that you are providing your information to the Sponsor and not to Instagram or Twitter. The information you provide will be used for the purposes of the Contest administration.
HOW TO SUBMIT A PHOTO ENTRY: During the Photo Entry Period (as defined below), share a photo that shows your happy day memories, with #BBxUseMyPhoto. Entries must be submitted by 11:59am on August 11, 2014 to be considered. All entries must adhere to these Participation Terms and the guidelines set forth in the Entry Requirements section below to be eligible. Entries will be accepted between 12:01pm July 31st, 2014 and 11:59am on August 11, 2014 (“Entry Period”). Only entries received during the Entry Period and which are otherwise fully compliant with these Participation Terms are “Valid Photo Entries.” Unlimited Photo Entries per person. In the event of a dispute involving Photo Entries submitted by multiple individuals using the same email account or address, the Photo Entry will be deemed to have been submitted by the authorised subscriber of the email account used to enter the Contest at the time of Photo Entry. The authorised account holder is defined as the natural person who is assigned to an email address by the relevant Internet access provider, online service provider or other organisation responsible for assigning email addresses for the domain associated with the submitted email address.
PHOTO ENTRY CONTENT REQUIREMENTS: Photo Entry may not contain, as determined by the Sponsor, in its discretion, any content that: • is sexually explicit or suggestive; violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity; • promotes illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message; • must not feature, advocate, suggest, condone or treat in a humorous manner the excessive, underage or irresponsible consumption of beverage alcohol products; • is obscene or offensive; endorses any form of hate or hate group; • appears to duplicate any other Photo Entries that were submitted prior to this Photo Entry; • defames, misrepresents or contains disparaging remarks about other people, companies or products; • contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others; • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media); • contains materials embodying the names, likenesses, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead; • contains look-a-likes of celebrities or other public or private figures, living or dead; • communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or • violates any federal, state or local laws, including without limitation, copyright laws. Photo Entry must be in English and the original work of the applicant, may not have been previously published, and may not have won previous awards. By submitting a Photo Entry, applicant warrants and represents that he/she consents to the Photo Entry/submission and use of the Photo Entry in this Contest and to its use as otherwise set forth herein. By submitting your photo using#BBxUseMyPhoto you are granting permission for your images to be used across Birchbox channels, including social channels and for marketing activity. Birchbox reserves the right to crop, change the colour and/or lighting of valid photo entries.
PRIZES: Winners will be selected to appear (but not limited to) on the in-box content for the September 2014 UK Birchbox. Total Contest ARV is £0. Sponsor is not responsible for lost or mutilated prizes and none will be replaced. Prizes are nontransferable and must be accepted as awarded. No substitution, assignment or transfer of any prize is permitted, except by Sponsor, who has the right to substitute a prize with another of comparable or greater value. Prizes will be sent to all confirmed winners within three weeks after the end of the Promotion Period.
NOTIFICATION: Winner will be randomly selected via Twitter DM or Instagram comment on, or around, August 12, 2014. Winners must be following Birchbox on Twitter and/or Instagram and have a public account to be eligible for entry. The odds of winning Contest prize shall depend on the total number of eligible entries received. Winners are solely responsible for any and all federal, state, provincial and local taxes that apply to prizes. No cash or other substitution of prizes is permitted, except at the sole option of Sponsor for a prize of equal or greater value. Prizes won by minors will be awarded to the parents or legal guardians, who must sign all required affidavits and releases. Sponsor will attempt to notify Winners by email at the address associated with the winner’s entry, and/or by other means provided within the Contest materials. Sponsor is not responsible for any delay or failure to receive notification for any reason, including inactive email account(s), technical difficulties associated therewith, or Winner’s failure to adequately monitor any email account. Winner must then respond to Sponsor within seven (7) days. Should Winners fail to respond to Sponsor, Sponsor reserves the right to disqualify Winner. Sponsor is not required to give away prizes in the event that a potential Winner is disqualified or otherwise does not claim prize. Except where prohibited, participation in the promotion constitutes participant’s consent to Sponsor’s use of participant’s name, likeness, voice, opinions, biographical information, and residence for promotional purposes in any media without further payment or consideration. Winners will be required to sign an affidavit of eligibility, liability release and a publicity release that, among other things, will further allow Sponsor to use a winner’s name, likeness, voice, opinions, tweets, biographical information, and residence for publicity and promotional purposes without further compensation where permitted by law.
GENERAL: By participating, all participants warrant and represent that they have complied in full with these Participation Terms, including but not limited to all eligibility requirements, and further agree to be bound by these Participation Terms and the decisions of Sponsor and/or the judging organisation or entity, which are final and binding in all respects. All Photo Entries become the property of Sponsor and will not be returned or acknowledged. Photocopies, facsimiles, incomplete or mechanically reproduced Photo Entries are not eligible. Photo Entry materials that have been tampered with or altered, or mass Photo Entries or Photo Entries generated automatically or robotically, or by a script, macro or use of any automated device(s) are void. Neither Sponsor nor its parents, affiliates, subsidiaries, divisions and/or advertising or promotion agencies are responsible for: (i) lost, late, misdirected, or damaged Photo Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorised access to or alterations of Photo Entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive Photo Entry information by Sponsor; (iii) hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the website in whole or in part for any reason; traffic congestion on the Internet or the website; unauthorised human or non-human intervention of the operation of the Contest, including without limitation, unauthorised tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest; or (iv) any injury or damage to participant’s or any other person’s computer related to or resulting from entering or otherwise participating in the Contest. Sponsor reserves the right to withdraw and terminate, or modify, the online method of Photo Entry if it becomes technically corrupted, if a computer virus or system malfunction impairs its ability to conduct the Contest, or if the online Photo Entry method otherwise becomes impossible, impractical, infeasible for any other reason. If for any reason the Contest is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorised intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest.
WARRANTY: By entering, each Applicant warrants and represents (i) that the participant owns all rights to the Photo Entry/submission he/she is entering in this Contest, including, without limitation, the video or digital recording, and the performance contained in each Photo Entry/submission, with the exception of any Sponsor brand assets provided or made available by the Sponsor for use by participants in connection with this Contest; (ii) that the participant is the individual pictured and/or heard in the Photo Entry/submission, or, alternatively, that the participant has obtained permission from each and every person appearing in the Photo Entry/submission, granting full exhibition rights to the Sponsor as described in these Participation Terms, and can make written copies of such permissions available to the Sponsor upon request; (iii) and that his/her Photo Entry/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 or any 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 won any previous Contest or awards.
ASSIGNMENT OF RIGHTS: If Applicant’s Photo Entry/submission is selected, participant will be required to execute such documents as may be required by Sponsor to irrevocably assign and transfer to Sponsor any and all rights, title and interest in the Photo Entry/submission, including, without limitation, all copyrights, and forever waive all moral rights in the Photo Entry/submission, any rights of privacy, intellectual property rights, and any other legal or moral rights that might preclude the Sponsor’s use, alteration or modification of the Photo Entry/submission or require the participant's permission to use it for any purpose, and agrees to never sue or assert any claim against the Sponsor or any entity acting pursuant to Sponsor’s direction for any use, alteration of such Photo Entry/submission. By participating in the Contest and/or accepting an award, each participant agrees to release, defend, indemnify and hold harmless Sponsor and its parents, subsidiaries, affiliates, advertising agencies, promotion agencies, franchises, fulfilment companies, dealers, retailers, present and former officers, directors, employees, directors, and agents from and against any and all claims, demands, expenses, losses and liabilities of any nature whatsoever caused or contributed to by entering or participating in the Contest, the acceptance, use or misuse of any award, participation in any award-related activities, including any claims of third parties claiming infringement of trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation, and further agrees to release and indemnify and hold harmless Sponsor from any and all claims that any commercial, advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes on the rights of participant's work as contained in any submitted Photo Entry. By participating in the Contest, participant irrevocably grants to Sponsor and its parents, subsidiaries, affiliates, legal representatives, assigns, agents and licensees, the unconditional and perpetual right and permission to copyright (as appropriate), reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use or reuse, without limitation, the participant's name, address, image, voice, likeness, statements, biographical material and Photo Entry/submission, including, but not limited to any video, still image, likeness, photos, names, special effects or digital or other recording, performances or other material contained in such Photo Entry, as submitted or as edited, altered or modified in any way by the Sponsor or its designee(s) in the Sponsor’s sole discretion), as well as any additional photographic images, video images, portraits, interviews or other materials relating to the participant and arising from his/her participation in this Contest in any media throughout the world for any purpose, without limitation and without additional review, compensation, or approval from the participant or any other party. By submitting a Photo Entry, Applicant recognises and acknowledges that the intellectual property, including, but not limited to: trademarks, service marks, domain names, names, titles, symbols, logos, designs, artwork, phrases, trade names and trade dress, and any combination thereof associated with Sponsor and/or any of its affiliates, whether registered, pending registration, or subsisting at common law and the goodwill associated therewith are the sole and exclusive property of Sponsor and/or its affiliates. No rights are granted hereunder to Applicant for any use other than that specified in the Photo Entry process. Applicant agrees that all ownership rights in the intellectual property of the Sponsor and/or its affiliates will remain with such parties and applicant will not claim any right, title, or interest in and to, or attack the title or any rights of such intellectual property, except for the right to use such intellectual property in accordance with the Photo Entry process. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER WITH OR VANDALISE THIS WEBSITE OR INTERFERE WITH THE OPERATION OF THE Contest, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK AND TO DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. ARBITRATION: Except where prohibited by law, as a condition of participating in this Contest, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Contest, or award provided, 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 entrant; (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 entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Contest), and entrant further waives all rights to have damages multiplied or increased.