Kiehl’s Product Review Promotion
NO PURCHASE NECESSARY TO PARTICIPATE OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of L’Oreal USA, Inc. d/b/a Kiehl’s, Since 1851 ("Sponsor"), their affiliates, subsidiaries and advertising and promotion agencies are not eligible to participate or win. Participants agree to be bound by these Official Rules and the decisions of the judges and/or Sponsor, which are binding and final on all matters relating to this Promotion. Promotion is subject to all applicable federal, state and local laws.
HOW TO PARTICIPATE: Between 10:00 AM Eastern Time ("ET") on October 1, 2013 and 11:59 PM ET on October 6, 2013 (the "Review Period"), visit www.kiehls.com and follow the instructions provided to write a review of any Kiehl’s Product. Product reviews should be at least 50 characters in length. Product reviews may include photos. All product reviews and photos submitted must comply with the Kiehl’s Review Guidelines, available at http://reviews.kiehls.com/content/2020/termsandconditions.htm and these Official Rules. Any reviews that do not comply with the Kiehl’s Review Guidelines or these Official Rules, as determined by Sponsor in its sole discretion, will be void and may not be approved or posted. All reviews must be submitted by 11:59 PM ET on October 6, 2013 to be eligible. Limit of one (1) review per person using only one (1) email address per Kiehl’s product throughout the entire Review Period. Customers may not review products for which they have already written a review. Reviews received from any person, household or email address in excess of the stated limitation will be void. Reviews generated by script, macro or other automated or mechanical means or practices and reviews submitted by any means which subvert the review process are void. All reviews become the property of Sponsor and will not be acknowledged or returned.
PRODUCT REVIEW REQUIREMENTS: Product reviews that are submitted as part of the online review process must (i) be participant’s own original work, true and verifiable, and reflect the true opinions and experiences of the participant; (ii) be in English; (iii) be in keeping with the Sponsor’s image; (v) not contain obscenities, discriminatory language, or other language not suitable for a public forum; (vi) not contain advertisements, "spam" content, or references to other products, offers, or websites (vii) not contain e–mail addresses, URLs, phone numbers, physical addresses or other forms of personal information; (viii) not be critical or spiteful comments on other reviews posted on the page or their authors; (ix) not violate any applicable law; (x) not be offensive or inappropriate, as determined by the Sponsor in its sole discretion; (xi) not contain trademarks, logos, or trade dress owned by others; (xiii) not contain copyrighted materials owned by others; and (xiv) not contain materials embodying the names, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, with the exception of the individual who is submitting the product review. Sponsor reserves the right to not post any product review that it determines, in its sole discretion, is offensive or inappropriate, not in keeping with Sponsor’s image or that is otherwise not in compliance with these Official Rules.
By submitting a product review, participant hereby grants permission, without limitation to other rights granted in the Kiehl’s Review Guidelines, and/or hereunder, for the product review to be posted on www.kiehls.com or other Sponsor websites. Participant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of product reviews by third parties. Released Parties do not guarantee the posting of any product review and may remove a product review posting at any time.
WINNER DETERMINATION: On or about October 25, 2013, Sponsor will calculate the number of eligible reviews submitted by each participant throughout the Review Period. Each review with a photo will count for two entries, thus doubling the chances for the participant for each review. The one (1) participant with the highest number of eligible reviews will be deemed the potential Grand Prize winner In the event of a tie, one the participants with the highest number of reviews will be selected at random. The three (3) participants with the next highest number eligible number of reviews will be deemed the potential Runner–Up prize winners. In the event of a tie for this prize, the participants will be selected at random. Potential winners will be notified by mail, telephone or e–mail and may be required to execute and return an affidavit of eligibility, a liability release and, where lawful, a publicity release within 14 days of date of issuance. If such documents are not returned within the specified time period, prize notification is returned as undeliverable, Sponsor is unable to contact potential winner within a reasonable time period, or potential winner is not in compliance with these Official Rules, prize will be forfeited and, at Sponsor’s discretion, a runner–up may be notified. If winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.
GRAND PRIZE (1): One (1) $100.00 Kiehl’s E–Gift Card.
RUNNER–UP PRIZE (3): One (1) $50.00 Kiehl’s E–Gift Card.
The Approximate Retail Value ("ARV") of the prizes is $250.00. Winner may not substitute, assign or transfer prizes or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Prize is awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Winner is responsible for all federal, state and local taxes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion.
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, inaccurate, deleted, misdirected, undelivered, garbled, delayed or damaged product reviews; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of product reviews, the incorrect posting of product reviews, errors in tabulating the number of product reviews, the announcement of the prizes or in any Promotion–related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Promotion. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this Promotion or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Promotion or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated reviews will be void. Should any portion of the Promotion be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non–authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of reviews, or should the Promotion be unable to run as planned for any other reason, as determined by Sponsor in its sole discretion, Sponsor reserves the right at its sole discretion to terminate the Promotion and, if terminated, at its discretion, select the potential winner from all eligible, non–suspect reviews received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Participants, by participating, agree that Sponsor and its parent, affiliates, subsidiaries, retailers and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, "Released Parties") will have no liability whatsoever for, and shall be held harmless by participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this Promotion. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding online reviews received from multiple users having the same e–mail account, the authorized subscriber of the e–mail account at the time of review will be deemed to be the participant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e–mail address by the Internet Service Provider (ISP), on–line service provider, or other organization responsible for assigning e–mail addresses.
ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or prize awarded, 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 participant; (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 participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out–of–pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
CHOICE OF LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of participant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of New York, USA.
WINNER’S NAME: For the name of the winner (available after October 25, 2013 send a self–addressed stamped envelope to: Kiehl’s Product Review Promotion Winner, 425 Hudson Street 5th Floor New York, NY 10014 for receipt no later than October 31, 2013.
SPONSOR: L’Oreal USA, Inc. d/b/a Kiehl’s, Since 1851, 435 Hudson Street, 5th Floor, New York, NY 10014.