Official Elizabeth Arden Curve Appeal Contest Rules

NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW, OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS WOULD BE REQUIRED BUT HAVE NOT BEEN MET.

SPONSOR: The Curve Appeal V-Day Contest (the “Contest”) is sponsored by POPSUGAR Inc. (owner and operator of popsugar.com), 111 Sutter Street, Suite 850, San Francisco, CA 94104.
The Contest is in no way sponsored, endorsed, administered by, or associated with Instagram. Any questions, comments, or complaints regarding the Contest must be directed to the Sponsor at the address above, and not to Instagram. Participation in the Contest requires use of your personal Instagram account. Such use is subject to Instagram’s Terms of Use and any and all other requirements of Instagram, separate and apart from the Official Rules for the Contest.
ELIGIBILITY: Contest is open only to permanent legal U.S. residents physically residing in the fifty (50) United States of America or the District of Columbia (except for Rhode Island, all United States territories and possessions, and all overseas military installations), who at the time of entry are at least eighteen (18) years of age or older, or the age of majority or older in their state of permanent residence (whichever age is greater). Employees of Sponsor and Elizabeth Arden, Inc. (“Elizabeth Arden”), and their respective parents, affiliates, subsidiaries, advertising and promotion agencies, and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. Winners may be required to sign an Affidavit of Eligibility and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited or restricted by law. All applicable federal, state and local laws apply.

HOW TO ENTER:
By entering the Contest, all entrants agree to abide by these Official Rules (“Official Rules”.) No purchase is necessary to be eligible to participate or win a prize in the Contest.

To enter, you must complete all of the following steps between February 14, 2013 and February 21, 2013 (the “Entry Period”.)

1. Go to POPSUGAR website: http://www.bellasugar.com/Curve-Appeal-V-Day-Challenge-Enter-Chance-Win-2000-More-26969918. (“Entry Page”); AND
2. Read contest theme guidelines and Official Rules; AND
3. Navigate to Instagram site and login to your personal Instagram account using your email and password; AND
4. Upload to your personal Instagram account one (1) or more photos that tell us your story of “What appeals to you on Valentine’s day?” using hashtag #VdayCurveAppeal. Each uploaded photo must contain the hashtag #VdayCurveAppeal.

An Instagram account can be opened for free at www.instagram.com or by downloading the free Instagram app. Entrants may not enter using multiple accounts. Any entrant who attempts to do so, as determined by Sponsor in Sponsor’s sole discretion, will be disqualified and forfeits any right to receive a prize.

LIMIT ONE (1) ENTRY PER PERSON. Any of the following will result in disqualification from the Contest: 1) Photos that are not tagged with the hashtag # VdayCurveAppeal; 2) Multiple entries from a single entrant, whether made through the same or different Instagram accounts; and 3) Incomplete Entry Forms. In addition, entries generated by script, macro, or other automated means or by any means that attempt to subvert the entry process are void.

For clarity, please note: While an entrant may only enter once, an entrant may submit more than one photo as part of his/her entry. Entries that contain more than one (1) photo constitute only one (1) entry.

REQUIREMENTS OF PHOTOS: Photos may not contain, as determined by the Sponsor in its sole discretion, any content that:
• is violent;
• is derogatory of any ethnic, racial, gender, religious, professional, or age group, or of any other characteristic, trait, affiliation, or association;
• defames, misrepresents, or contains disparaging remarks about other people or companies;
• endorses any form of hate or hate group;
• contains nudity or is or sexually explicit, suggestive, or pornographic;
• depicts or promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing);
• depicts or promotes any activity that may appear unsafe or dangerous;
• promotes any particular political agenda or message;
• is profane, obscene, or offensive;
• contains any personal identification or data, such as personal names, e-mail addresses, or street addresses;
• contains the name, likeness, voice, or other indicia of any person other than yourself, including, without limitation, celebrities and/or other public or private figures, living or dead, and used by you without permission;
• contains trademarks, logos, or trade dress (such as distinctive packaging, branded clothing, or building exteriors/interiors) owned by others and used by use without permission;
• contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, social media, television, movies, or other media), and used by you without permission;
• communicates messages or images inconsistent with the positive images and/or good will to which Sponsor and Elizabeth Arden wish to associate; and/or
• violates any law.
Each entry must be the original work of the entrant, both in whole and in part, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, rights of publicity, or other intellectual property rights, or any other rights whatsoever of any person or entity. If an entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use, publication, exhibition, transmission, storage, and retention of the entry by Sponsor and Elizabeth Arden in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person or entity who appears in or is identifiable in the entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void. By submitting an entry, entrant represents and warrants that he/she and any persons appearing or who are identifiable in the entry consent to the submission and use of the entry in the Contest and to its use as otherwise set forth herein

By uploading your photo(s) to Instagram, you agree and consent that your entry photos submitted to the Contest and any other information collected in connection with the Contest, such as your Instagram user name, may be used by Sponsor and Elizabeth Arden for promotional and publicity purposes. Further, by completing the Entry Form and uploading your photo(s), you agree and consent: 1) to Sponsor’s collection and use of your personal data for the purposes of administering this Contest; and 2) that you automatically opt-in to receive email or other communications from Sponsor and Sponsor’s affiliated business entities. All collection and use of your personal data by Sponsor is subject to the terms and conditions of Sponsor’s Privacy Policy (POPSUGAR Inc.) located at: http://www.sugarinc.com/privacy. You may subsequently opt-out of receiving communications from Sponsor by following the directions in the communication or by contacting Sponsor directly. Use by Elizabeth Arden of your entry and any other information collected in connection with the Contest for publicity and promotional purposes is governed by Elizabeth Arden’s Privacy Policy located at http://www.elizabetharden.com/Privacy-Policy/privacy-and-policy,default,pg.html.
If you choose to upload photos to Instagram using your mobile phone, standard data fees may apply. Please refer to your wireless provider for pricing plan details. Normal time, toll, connection, and usage rates, if any, charged by your Internet service provider will apply. Entries generated by script, macro or other automated means or by any means that attempt to subvert the entry process are void.

PRIZE:
At the end of the Entry Period, one (1) potential Grand Prize Winner (“Winner”) shall be selected from all eligible entries received during the Entry Period by employees or representatives of the Sponsor.
The Winner will receive: One (1) American Express gift card in the amount of Two Thousand Dollars ($2,000), and a Deluxe Curve Fragrance Collection. Total approximate combined retail value is $2,200. The gift card is subject to certain terms, conditions, and restrictions, which will be disclosed on the face of the gift card or in supporting materials. Sponsor is not responsible if any gift card is lost, stolen, destroyed, or used without permission. If the gift card is lost or stolen, it will not be replaced. If the potential prize winner forfeits or does not claim the prize, it will be re-awarded, in Sponsor’s sole discretion. Other restrictions may apply.
Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. No substitutions (including for cash) are permitted, except that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any prize. If required by Sponsor, the winner must complete and return to Sponsor an IRS Form W-9 that reflects winner’s taxpayer identification number or social security number. The winner will receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will be filed with the IRS. All prizes won by minors will be awarded to their parents or legal guardians on their behalf. Winner shall be responsible and liable for all federal, state and local taxes on the value of their prize.

To receive a complete list of winners and/or a copy of the Official Rules, send a self-addressed stamped envelope to Curve #VdayCurveAppeal Instagram Contest, POPSUGAR Inc., 111 Sutter Street, Suite 850, San Francisco, CA. Specify Winner's List or Rules on your request.

Please allow 6-8 weeks for prize delivery.

SELECTION OF WINNER:
Winner will be selected on or about February 21, 2013 from among all valid entries received. The winning entry will be selected by the Sponsor, in its sole discretion, based upon which entry most creatively expresses the theme “What appeals to you on Valentine’s day?” All decisions of the Sponsor are final. Odds of winning will depend upon the total number of valid entries received. On or about February 21, 2012, Sponsor will notify potential Winner of their selection, subject to verification of eligibility, at the email address provided by Winner in the corresponding Contest entry. Winner must respond via email as directed in the notification communication from Sponsor within seventy-two (72) hours from when Sponsor first attempts to notify Winner of the prize drawing or an alternate potential winner may be selected.

GENERAL CONDITIONS AND RELEASES:
An entrant or winner may be disqualified from the Contest if he or she fails to fully comply with each provision of these Official Rules, as determined in the sole discretion of the Sponsor. Participation in the Contest is at entrant’s own risk. Neither Sponsor, Elizabeth Arden, nor Instagram, nor any of their respective parents, affiliates, subsidiaries, officers, directors, or employees, shall be liable for: 1) failed, returned, or misdirected notifications based on inaccurate information provided by the Winner on the Contest entry form; 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind; 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled, or delayed computer transmissions which may limit an entrant's ability to participate in the Contest; 4) any technical malfunctions of networks, computer on-line systems, computer equipment, software, any program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical, or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer or other device related to or resulting from participation in any part of this Contest; or 5) any warranty of fitness or merchantability of any prize or the function, operation, use or misuse thereof. Sponsor and Elizabeth Arden, Inc., do not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize.

Unless prohibited by applicable law, your entry constitutes your permission to use your name, photograph(s), likeness, voice, address (city and state), written and spoken words, and testimonials in all media, in perpetuity, in any manner Sponsor and Elizabeth Arden, Inc., deem appropriate for publicity purposes in connection with the Contest without any further compensation whatsoever. By entering and/or accepting a prize in the Contest, each entrant, Winner, and/or Winner’s parent or legal guardian, as applicable, agrees and consents to be bound by these Official Rules and to conform to all federal, state, and local laws and regulations. The Winner may be required to execute and return to Sponsor within ten (10) business days an Affidavit of Eligibility and a Liability and Publicity Release to be eligible for the prize or an alternate winner may be selected. Winner may be required to furnish proof of identity, residency, address, and birth date in order to verify eligibility and receive a prize.

By entering, an entrant agrees to release and hold harmless Sponsor and Elizabeth Arden, and their respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their participation in this promotion, their acceptance, possession, and/or use of any prize or, and from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Rules in any way and at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Contest should viruses, bugs, or other causes beyond their control corrupt the administration, security, or proper play of the Contest, or for any other reason whatsoever. In the event of cancellation or suspension, Sponsor shall promptly post a notice on the Contest Entry Page to such effect. This Contest shall be governed by California law. By participating in this Contest, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in San Francisco, California.

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