NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES, EXCEPT RHODE ISLAND, AND THE DISTRICT OF COLUMBIA, AGED 18 OR OVER. VOID WHERE PROHIBITED BY LAW OR WHERE BONDING, REGISTRATION, OR OTHER REQUIREMENTS EXIST BUT HAVE NOT BEEN MET.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, WHICH ARE A CONTRACT—READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES A RELEASE FROM YOU, AND A LIMITATION OF CERTAIN OF YOUR RIGHTS AND REMEDIES WHEN RESOLVING ANY DISPUTE WITH SWEEPSTAKES SPONSOR OR ADMINISTRATOR.
1. SPONSOR
The Get Inspired in San Francisco Sweepstakes (the "Sweepstakes") is co-sponsored by POPSUGAR Inc., having a corporate address of 111 Sutter Street, 16th Floor, San Francisco, CA 94104 ("Sponsor"), and Allergan USA, Inc., a subsidiary of Allergan plc, having a corporate address of Morris Corporate Center III, 400 Interpace Parkway, Parsippany, NJ 07054 ( "Co-Sponsor").
2. SWEEPSTAKES DESCRIPTION
In this Sweepstakes, eligible participants (the "Entrants") will submit an online entry as described herein (an "Entry"), and the winning Entry will be chosen in a random drawing from all eligible entries received. Entrant's ("your," "you," or "entrant") registration and participation in the Sweepstakes shall be governed by the terms and conditions set forth in these Official Rules. The Sweepstakes is subject to all applicable laws and regulations and is void where prohibited. One (1) prize will be awarded to the Entrant who submits the winning Entry (the "Winner"), as determined pursuant to these Official Rules. The Winner will receive a $3,000.00 Visa® gift card, entry for two to the San Francisco Museum of Modern Art, a Well + Away San Francisco VitalGuide™, and two reserved spots at #ActuallySheCan℠ Mentorship Live, an event organized in partnership with TEDWomen. NOTE: Registration for and attendance at #ActuallySheCan Mentorship Live does not include admission to the 2016 TEDWomen conference.
3. SWEEPSTAKES TIMING
The Sweepstakes begins at 10:01 A.M. Pacific Time (PT) on Monday, October 3, 2016, and ends at 11:59 P.M. Pacific Time (PT) on Monday, October 17, 2016 (the "Sweepstakes Period"). Administrator's computer is the official time-keeping device for this Sweepstakes.
4. WHO MAY ENTER; CONDITIONS FOR PARTICIPATION
A. You must be a legal resident of the fifty United States, excluding Rhode Island, or the District of Columbia, aged 18 or over at the time of entry, to enter the Sweepstakes.
B. The following are not eligible to participate in the Sweepstakes:
i. employees of Sponsor, Co-Sponsor, and their respective parent entities, affiliates, and subsidiaries and participating agencies (including members of their immediate family and/or those living in the same household of each such employee);
ii. individuals who are enrolled in Medicare, Medicaid, or other federal or state healthcare programs; and
iii. certified or practicing healthcare professionals, where a "healthcare professional" is any person who is authorized to prescribe, dispense, or purchase Allergan products, or who is in a position to influence the use of, or recommend, or facilitate access to Allergan products.
C. Participation in the Sweepstakes constitutes Entrant's full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to this Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
D. By submitting an Entry in the Sweepstakes, Entrant confirms and warrants that Entrant owns all rights in the data submitted by Entrant for the Entry and hereby grants each Sponsor and Co-Sponsor an irrevocable right and license to use such data as described in these Rules.
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E. Winner will be required to furnish proof of identity, address, and birth date and a certification that none of the exclusions set forth in this Section 4 apply in order to receive a prize.
F. No purchase is necessary to participate in this Sweepstakes. A purchase or payment will not increase an Entrant's chances of winning.
5. HOW TO ENTER; ENTRY AND SUBMISSION REQUIREMENTS
A. During the Sweepstakes Period, go to http://www.popsugar.com/42277453 (the "Sweepstakes Page"), and enter your full name, enter your email address, choose your gender, enter your birthday, confirm you agree to these Official Rules, and click the "Enter Now" button. By clicking "Enter Now," you are agreeing to these Official Rules which are a binding contract with you. You must have an email address to enter via this method. An email address is free and available through a variety of third party service providers not affiliated with this Sweepstakes. Normal time, toll, connection, and usage rates, if any, charged by your Internet Service Provider may apply.
B. You may also enter by mailing your name, mailing address, email address, gender, and birthday to POPSUGAR Inc., 111 Sutter Street, 16th Floor, San Francisco, California 94104, Attn: Get Inspired in San Francisco Sweepstakes. To be considered eligible for the Sweepstakes, Entries must be received no later than MONDAY, OCTOBER 17, 2016.
C. By submitting an Entry through the Sweepstakes Page, you agree that Sponsor and Co-Sponsor may send you information about their respective products and services, including, without limitation, about #ActuallySheCan. You may unsubscribe from such email communications at any time at www.ActuallySheCan.com/unsubscribe or clicking the "unsubscribe" link at the bottom of the email. UNSUBSCRIBING FROM SUCH COMMUNICATIONS WILL NOT AFFECT YOUR ABILITY TO WIN.
D. By uploading an Entry, you agree that the submission and use of the Entry in the Sweepstakes conforms to these Official Rules and you agree to the use of your Entry as otherwise set forth herein. Sponsor is not responsible for lost, late, or incomplete entries or entries not received for any reason. Entry cannot be altered by Entrant after it has been submitted. Sponsor, in its sole discretion, may reject, refuse, remove, delete, or disqualify any Entry that is deemed inappropriate, ineligible, or otherwise non-compliant with these Official Rules.
E. Limit one (1) Entry per person, per household, and per email address during the Sweepstakes Period. All Entries must be received by the deadline of 11:59 P.M. Pacific Time (PT) on October 17, 2016. Entries will not be acknowledged or returned.
F. Failure to comply with these Entry and Submission Requirements, as determined by Sponsor in their sole discretion, is grounds for an automatic disqualification from the Sweepstakes.
6. PRIZE
A. The one (1) Winner will receive the following: one (1) Visa® gift card in the amount of $3,000.00 USD, entry for two to the San Francisco Museum of Modern Art, one (1) Well + Away San Francisco VitalGuide™, and two (2) reserved spots at #ActuallySheCan Mentorship Live, an event organized in partnership with TEDWomen, which is scheduled to take place on Friday, October 28, 2016 from 1:30-3:00pm PT (the "Prize"). NOTE: Registration for and attendance at #ActuallySheCan Mentorship Live does not include admission to the 2016 TEDWomen conference.
B. Approximate Retail Value ("ARV") of the Prize is $3,100.00. The value of the gift card is less any applicable activation, transaction, or maintenance fees and subject to certain fees, terms, conditions, and restrictions, which will be disclosed on the gift card. Sponsor is not responsible if the gift card is lost, stolen, destroyed, or used without permission, and the gift card will not be replaced. VISA® and TED Conferences, LLC entities are not Sponsors of this Sweepstakes.
C. Prize will be delivered to confirmed Winner at a valid U.S. address or electronically at the email addressed used in the Winner's entry. Prize does not include transportation or accommodations, and Winner is responsible for any and all travel or accommodations.
D. Prize is awarded without warranty, express or implied, of any kind. There is no cash alternative in whole or in part for the Prize, and the Prize is non-transferable and non-exchangeable. There will be no refund for unused portions of the Prize. No compensation or alternative to the Prize will be offered due to inability to attend, claim or use the Prize or due to any delay on the part of the Winner; provided, however that Sponsor reserves the right to substitute a prize of equal or greater monetary value for any Prize, at Sponsor's sole discretion. In no event shall the Sponsor be obligated to award more prizes than the one Prize stated in these Official Rules.
E. ALL FEDERAL, STATE AND LOCAL TAXES AND ALL OTHER COSTS ASSOCIATED WITH PRIZE ACCEPTANCE ARE THE SOLE RESPONSIBILITY OF THE WINNER. If required by Sponsor, Winner must complete and return to Sponsor an IRS Form W-9 that reflects Winner's Taxpayer Identification Number or Social Security Number. Winner may receive from Sponsor an IRS form 1099-MISC at the end of the calendar year, and a copy of such form will also be filed with the Internal Revenue Service. Winner agrees to furnish Sponsor with and/or execute any additional document requested by Sponsor, in Sponsor's sole discretion, in connection with the awarding of the Prize.
F. In the event the Winner and/or his or her guest engages in behavior that, as determined by Sponsor or Co-Sponsor in their sole discretion, is obnoxious or threatening, disruptive, inappropriate, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Winner and/or his or her guest has in the past engaged in such behavior and that subsequently becomes known to Sponsor or Co-Sponsor), Sponsor and Co-Sponsor reserve the right to send the Winner home with no further compensation.
7. WINNER SELECTION
After the Sweepstakes Period, one (1) Winner will be selected at random by computer-generated randomizer from all valid entries received during the Sweepstakes Period. Odds of winning depend on the number of eligible entries received for the drawing. Subject to verification of eligibility and compliance with these Official Rules, the potential winner shall be the person whose email account was used to submit the winning Entry into the Sweepstakes, and an Entry will be deemed to have been submitted by the person in whose name the email account is registered. Sponsor reserves the right to deliver the Prize directly to the Email and/or mailing address provided by an Entrant in his or her Entry to the Sweepstakes.
8. WINNER NOTIFICATION
A. The potential winner will be contacted by email after the end of the Sweepstakes Period. The potential winner will be required to do the following as qualifying criteria of the Sweepstakes that must be met in order to receive the Prize: (a) respond to Sponsor within two (2) business days of initial contact to confirm eligibility; and (b) sign an Affidavit of Eligibility, Liability, and Publicity Release (unless prohibited by law), and sign any other certification or other documents required by Sponsor and return such signed documents to Sponsor within three (3) business days of attempted delivery. Except where the prize is time-sensitive, in which case no alternate winner will be drawn, if a potential winner fails to respond to Sponsor's notification, fails to complete the forms as indicated herein, or fails to meet the qualifying criteria listed above, such potential winner may be disqualified and an alternative potential winner may be selected, up to three times. Other restrictions may apply, and an Entrant or potential winner may be disqualified from the Sweepstakes if he or she fails to comply with any provision of these Official Rules, as determined in Sponsor's sole discretion.
9. GRANT OF RIGHTS TO SPONSOR
The acceptance of the Prize by Winner constitutes Winner's grant to Sponsor and its affiliates a nonexclusive, worldwide, royalty-free license to edit, publish, promote, and republish at any time in the future and otherwise use Winner's name, image, likeness, photograph, statements, biographical information, and any other information provided by Winner (collectively, "Likeness") for possible editorial, promotional, or advertising purposes in connection with this Sweepstakes and the #ActuallySheCan campaign only, worldwide, and in any and all forms of media now known or hereafter developed, in perpetuity, without further permission, notice, or compensation (except where prohibited by law).
10. ENTRANT RELEASES
A. Participation in the Sweepstakes is at Entrant's own risk. By entering and/or accepting Prize, each Entrant agrees to release and hold harmless and indemnify Sponsor, Co-Sponsor, their respective parent, affiliates, and its and their respective promotional partners, directors, officers, and employees (the "Released Parties") harmless for liability, damages, or claims for injury or loss to any person or property, relating to, in whole or in part, directly or indirectly, Entrant's participation in this Sweepstakes, the acceptance and/or subsequent use or misuse or condition of any of the prizes awarded, or any claims including but not limited to claims based on publicity rights, defamation, invasion of privacy, or copyright infringement. False or deceptive entries or acts will render the Entrant ineligible. Sponsor, in its sole discretion, reserves the immediate and unrestricted right to disqualify any Entrant or the Winner, if either commits or has committed any act or has been involved or becomes involved in any situation or occurrence which the Sponsor deems likely to subject the Sponsor, Entrant, or Winner to ridicule, scandal, or contempt or which reflects unfavorably upon the Sponsor in any way, including, but not limited to, inconsistency with Sponsor's legal obligations. If such information is discovered by the Sponsor after the Winner has received notice of the prize and before the Prize is awarded, the Sponsor may rescind the prize in its entirety. If a portion of the Prize has already been awarded, Sponsor may withdraw the remainder of the Prize that has not been fulfilled. Decisions of the Sponsor are final and binding in all matters related to this paragraph. Sponsor is not responsible for any typographical or other error in the printing of these Official Rules, administration of the Sweepstakes, or in the announcement of the Prize.
B. Entrants shall understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that they may have with respect to the release provisions herein are hereby expressly and forever waived. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM/HER MUST HAVE MATERIALLY AFFECTED HIS/HER SETTLEMENT WITH THE DEBTOR.
C. Entrants and Winner have been given a full opportunity to review and analyze these Official Rules and fully and completely understand all of the terms and conditions set forth in these Official Rules. Entrants and Winner acknowledge and agree that this is a complete RELEASE and DISCHARGE of all claims and rights against the Released Parties, and that no action will be taken by or on behalf with respect to any such claims or rights, it being understood that this release shall be binding upon Entrants' and/or Winner's heirs, executors, and administrators, and anyone claiming by or through Entrants or Winner.
11. LIMITATIONS OF LIABILITY
A. Sponsor is not responsible for lost or late entries nor for electronic-transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or for technical, network, telephone-equipment, electronic, computer, hardware, or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive Entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify, or suspend the Sweepstakes in whole or in part. Sponsor reserves the right to select the Winner from eligible Entries received as of the end of the Sweepstakes Period using the Winner Selection procedure identified herein.
B. CAUTION: Any attempt by an Entrant to deliberately damage any 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 reserves the right to seek any and all remedies available from any such Entrant to the fullest extent of the law.
C. If, for the reasons set forth above, or other reasons outside the reasonable control of Sponsor, the Sweepstakes cannot be run or administered as planned, Sponsor reserves the right to cancel, modify or suspend the Sweepstakes (subject to any written directions given under applicable law), and Sponsor shall post a notice on the Sweepstakes Page to such effect. Sponsor further reserves the right, in its sole discretion, to modify, cancel, or suspend this Sweepstakes for any reason that Sponsor believes in good faith is fair to the Entrants.
D. If there is a dispute as to the identity of an Entrant, the Prize will be awarded to the authorized account holder of the e-mail address. The "authorized account holder" is defined as the natural person to whom the e-mail address is assigned.
E. Sponsor is not responsible for any unauthorized third party use of any Entry.
F. Decisions of Sponsor are final and binding with respect to all matters related to the Sweepstakes. If an act, omission, event or circumstance occurs which is beyond the reasonable control of Sponsor and which prevents Sponsor from complying with these Official Rules, Sponsor will not be liable for any failure to perform or delay in performing its obligation.
12. GOVERNING LAW
This Sweepstakes is governed by the internal laws of the State of California without regard to principles of conflict of laws. All cases and claims pertaining to this Sweepstakes must be brought in a court of competent jurisdiction in the San Francisco, California, without recourse to class-action suits. If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein.
13. DISPUTE RESOLUTION
A. Certain portions of this Arbitration section are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. Entrant, Sponsor and Co-Sponsor agree that this section is intended to satisfy the "writing" requirement of the Federal Arbitration Act.
B. Entrant agrees to arbitrate any and all disputes or claims arising out of, in connection with, or relating to the Sweepstakes. The arbitration shall be conducted in accordance with the American Arbitration Association ("AAA") Consumer Arbitration Rules then in effect. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
C. TO THE FULLEST EXTENT PERMITTED BY LAW, ENTRANT AGREES THAT (I) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER; (II) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; AND (III) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR ANY OTHER PERSONS. If the specific provision of this paragraph is found to be unenforceable, then the entirety of the Agreement titled "BINDING ARBITRATION" shall be null and void.
D. Arbitration is a method of claim resolution that is less formal than a traditional court proceeding. It uses a neutral arbitrator instead of a judge or jury and is subject to limited review by courts. ENTRANT AGREES TO WAIVE ENTRANT'S RIGHT TO A JURY TRIAL AND UNDERSTAND THAT, ABSENT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT. THE SCOPE OF THIS WAIVER IS INTENDED TO BE ALL-ENCOMPASSING OF ANY AND ALL DISPUTES THAT MAY BE FILED IN ANY COURT AND THAT RELATE TO THE SUBJECT MATTER OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, CONTRACT CLAIMS, TORT CLAIMS AND ALL OTHER COMMON LAW AND STATUTORY CLAIMS.
E. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrant, Sponsor and Co-Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between Entrant, Sponsor and Co-Sponsor, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules.
14. PRIVACY; USE OF DATA
Entrants hereby agree to Sponsor and Co-Sponsor's collection and usage of their personal information and acknowledge that they have read and accepted their respective privacy policies, available at www.popsugar.com/privacy and www.allergan.com/privacy. Neither Sponsor nor Co-Sponsor is responsible for the other's privacy practices.
15. WINNER PUBLICATION
The names and locations of the confirmed Winner will be available for two (2) years after the end of the Entry Period by sending a request to the Sponsor address set forth in paragraph 1 of these Official Rules.
16. OFFICIAL RULES
These Sweepstakes Official Rules are available at http://popsu.gr/42387087.