Henri Bendel Halloween Backpack Sweepstakes (the “Sweepstakes”)
Official Rules (the “Official Rules”)
NO PURCHASE OR PAYMENT NECESSARY FOR A CHANCE TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. INSTAGRAM ACCOUNT IS REQUIRED TO PARTICIPATE
1. Eligibility: The Henri Bendel Halloween Backpack Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (including the District of Columbia and Puerto Rico) who are at least eighteen (18) years old and have reached the age of majority in their state or territory of residence at the time of entry (19 in Alabama and Nebraska; 21 in Mississippi). Employees Directors and officers of Sponsor, and its parent and affiliate companies, contractors, and suppliers, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. Entrants must have an Instagram account in good standing and internet access. The Sweepstakes is subject to all applicable federal, state, municipal, territorial, and local laws and regulations and is void where prohibited by law (NEW JERSEY NOTICE: This Sweepstakes is not void in the state of New Jersey). Participation constitutes participant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions and interpretations of these Official Rules, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is in no way sponsored, endorsed, approved or administered by or associated with, Instagram.
2. Sponsor: The Sweepstakes is sponsored by Henri Bendel, a subsidiary of Limited Brands, Inc., Three Limited Parkway, Columbus, OH 43230 (“Sponsor”).
3. Timing: Entries must be submitted between October 25, 2017 6:00 PM Eastern Time (“ET”) and October 29, 2017 at 11:59 PM ET (“Sweepstakes Period”). Sponsor’s computer, or that of its designee, shall serve as the official timekeeper for the Sweepstakes.
Limit one (1) Entry per person. In the event that Entrant submits Entries in excess of the stated limit, only the first submitted Entry shall be counted. Entries must be received during the Sweepstakes Period to be eligible. Entries must also comply with the “Entry Requirements” described below. Multiple entrants are not permitted to share the same Instagram account. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, Instagram accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified within Sponsor’s sole discretion. Any use of automated, robotic, macro, programmed or similar quick-entry programs, or attempts to exceed the maximum number of entries permitted, is prohibited and will result in disqualification.
In the event of a dispute concerning who submitted an Entry, the Entry will be declared to have been made by the registered account holder of the Instagram account for the potentially winning entrant, but only if that person meets all other eligibility criteria. A registered account holder is defined as the natural person who is assigned the Instagram account by Instagram. Potential winner(s) may be required to provide Sponsor with proof that he/she is the registered account holder for the e-mail address associated with the Instagram account for the potentially winning Entry. If a dispute cannot be resolved to Sponsor’s satisfaction, the Entry will be deemed ineligible. It is a potential winner’s responsibility to set his/her account settings to accept contacts by Sponsor and to timely check his/her Instagram account for any Sponsor direct messages or @Replies.
5. Entry Requirements: Ineligible entries include entries that fail to comply with these Official Rules, as well as those that are, in whole or in part, threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to another person or entity, deceptive, obscene, pornographic, contains nudity, invasive of another's privacy, tortious, contain racial slurs, or contain explicit or graphic descriptions or accounts of, sexual acts, or are not within the spirit of the Sweepstakes, as determined by Sponsor in Sponsor’s sole discretion (“Entry Requirements”).
6. Winner Selection/Notification: One (1) potential winner will be selected from all eligible Entries in a random drawing to be held on or about December 30, 2017. Following the drawing, the potential winner will first be notified using a private message via Instagram and subsequently must submit a mailing address to receive prizes as instructed by Sponsor. If a potential winner does not submit a mailing address as instructed within a twenty-four (24) hour period from when the notification is sent, cannot be contacted, or fails to otherwise comply with these Official Rules, potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, an alternate potential winner may be selected via a random drawing, if time permits. All notification requirements, as well as other requirements within these Official Rules, will be enforced. NOTE: Potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes.
7. Prize/Prize Restrictions: One (1) winner will receive a Henri Bendel Influencer Mini Backpack (ARV $250.00 USD) and a two hundred dollar Henri Bendel gift card (ARV $250.00 USD). Aggregate value of prize is $500.00 USD. Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Period.
All costs and expenses associated with the acceptance and use of the prize not specified herein as being awarded, including, but not limited to, all federal, state and local taxes and other miscellaneous expenses are the winner’s sole responsibility. Prizes are awarded “as is” with no warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Sweepstakes or any prize. Prize color/specification to be determined by Sponsor in its sole discretion. No transfer, assignment or substitution of prize by winner. Sponsor reserves the right to substitute a prize with one of equal or greater value if the designated prize should become unavailable. Under no circumstances will more than the advertised number of prizes be awarded. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor will not be obligated to award a prize. POTENTIAL WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES. A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE SWEEPSTAKES SHOULD SO INDICATE, UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY (WHICH MEANS FULL COMPLIANCE WITH THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES) HAS BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
8. Publicity: Except where prohibited, participation in the Sweepstakes constitutes winner’s consent to Sponsor’s and its agents’ perpetual use of winner’s name, likeness, Entry, social media handle(s), photograph, voice, opinions and/or hometown and state for promotional purposes in any media now known or hereafter devised, worldwide, without further payment or consideration.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, virus, bugs, human error or any other factor impairs the integrity, availability, fairness or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other sweepstakes or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability: Sponsor, together with its respective affiliates and related companies, including without limitation its parent, sister and subsidiary companies, retailers, franchisees, advertising and promotion agencies, suppliers of material and services related to the Sweepstakes, and any other corporation, partnership, sole proprietorship or other legal entity directly involved in the Sweepstakes and their respective officers, directors, employees, agents, and other representatives are not responsible for: (1) lost, late, stolen, deleted, misdirected, undeliverable or incomplete entries due to system errors or failures or faulty transmissions or other telecommunications malfunctions; and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, typographical or system/human errors and failures, or faulty transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, cable connections, or satellite transmissions, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on the Internet or at a website, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit an entrant’s ability to participate (and proof of transmission does not constitute proof of entry); (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines, websites, network hardware or software beyond the reasonable control of Sponsor; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries.
11. BINDING ARBITRATION: BY AGREEING TO ARBITRATION, PARTICIPANT UNDERSTANDS AND AGREES THAT THEY ARE WAIVING THEIR RIGHT TO SUE IN COURT. PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY -- WITHOUT RESORT TO ANY FORM OF CLASS ACTION -- BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (II) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN COLUMBUS, OH; (III) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; AND (IV) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF.
13. Winner List: For a winner list, send a self-addressed, stamped envelope to: Henri Bendel Halloween Instagram Sweepstakes, Winner List, ATTN: Karen Moore, L Brands, Inc., Three Limited Parkway, Columbus, OH, 43230 U.S.A. Vermont residents may omit return postage.