OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS REQUIRED TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE 10 PROVINCES AND 3 TERRITORIES OF CANADA, AND WHERE PROHIBITED BY LAW.
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, in Sponsor’s sole discretion, result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.
PROMOTION. The L’Occitane “HOLIDAY MAGIC” Sweepstakes (the “Promotion”) consists of one (1) drawing for the chance to win a Prize.
SPONSOR. This Promotion is sponsored and administered by L’OCCITANE, INC., 1430 Broadway - 2nd Floor, New York, NY 10018 (“Sponsor”). Please direct any questions or comments regarding this Promotion to Sponsor.
PROMOTION TIMING AND ENTRY PERIOD. The Promotion begins on September 16, 2019 at 6:00:01 a.m. Eastern Time ("ET") and ends on December 26, 2019 at 11:59:59 p.m. (the “Promotion Period”) and consists of only one entry period(“Entry Period”). The Entry Period runs from September 16, 2019 at 6:00:01 a.m. Eastern Time ("ET") and ends on December 26, 2019 at 11:59:59 p.m. ET. Sponsor's computer is the official time-keeping device for the Promotion. Entrants are responsible for determining the correct beginning and ending times of the Promotion Period in their respective time zones. Sponsor is not responsible for late or misdirected entries.
ELIGIBILITY. The Promotion is open only to (i) legal residents of the 10 provinces and 3 territories of Canada; (ii) who have reached the age of majority in their state of residence and are at least eighteen (18) years old as of the date of entry. Employees, officers and directors of Sponsor and each of their parent and affiliated companies, suppliers as well as their immediate family (i.e., spouse, parents, siblings, children) and household members of each such employee, officer, or director are not eligible. THE PROMOTION IS VOID OUTSIDE THE 10 PROVINCES AND 3 TERRITORIES OF CANADA, AND WHERE PROHIBITED BY LAW. Participation 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 the Promotion. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER. All eligible entries must be received during the Entry Period:
The method of entry is by and completing and submitting an online entry form ("Online Entry") via this link [ ].
Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with these Rules may be disqualified from the Sweepstakes at Administrator’s sole and absolute discretion. Proof of uploading an entry does not constitute proof of delivery or entry. Provide your first and last name to the associate along with your email address.
By providing your information for entry in the Promotion, you acknowledge acceptance of and agree to these Official Rules. By entering this Promotion and providing your email address, you hereby opt-in to receive promotional and marketing emails and offers from Sponsor. After the associate inputs your entry information for the Promotion, you also will have the option to join the L’Occitane VIP Program for which you must separately register by providing your name and email address to the associate. No purchase is necessary, and you may opt-out of promotional and marketing emails and offers or the VIP Program at any time without affecting your ability to enter the Promotion or your odds of winning a prize.
All entries must also be submitted during the Entry Period. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth herein, and Sponsor is not responsible for failure to see or receive an entry. For purposes of this Promotion, an Eligible Entry must meet the eligibility requirements disclosed in these Official Rules, including the Entry Requirements below. Other entries will not be acknowledged.
Only one (1) entry per person during each Entry Period. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Promotion at Sponsor’s sole and absolute discretion. Sponsor shall not be responsible or liable for any entries that contain inaccurate or incomplete information. Proof of uploading an entry does not constitute proof of delivery or entry.
PRIZE. There will be ten (10) Prizes for the entire during the Entry Period. Each prize will consist of one (1) unit of each of 24 items:
- Immortelle Precious Cream 50ml
- Shea Ultra Rich Lip Balm 12ml
- Rose Hand Cream 30ml
- Shea Ultra Rich Body Lotion 250ml
- Almond Delicious Hands 30ml
- Purifying Mask 6ml
- Lavender Hand Cream 30ml
- Almond Shower Oil 250ml
- Shea Light Comforting Face Cream 50ml
- Almond Milk Concentrate 200ml
- Verbena Body Lotion 250ml
- Cherry Blossom Hand Cream 30ml
- Intense Repair Shampoo 300ml
- Aqua Reotier Thirst Quenching Gel 50ml
- Shea Butter Hand Cream 150ml
- Shea Soap Milk 100g
- Shea Butter Intense Hand Balm 150ml
- Verbena Soap 75g
- Intense Repair Conditioner 250ml
- Citrus Verbena Hand Cream 30ml
- Verbena Shower Gel 250ml
- Cherry Blossom Shower Gel 250ml
- Shea Butter Foot Cream 150ml
- Aqua Reotier Face Cleanser 195ml
The approximate retail value of each prize is $642. Prize is non-transferable, and no substitutions will be made except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize or any component thereof for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
SELECTION OF WINNERS AND NOTIFICATION. Winners will be selected by random drawing from all eligible entries received during each Entry Period within ten (10) days following each Entry Period (each a “Drawing Date”). Within three (3) business days of each Drawing Date, Sponsor will notify each potential winner by sending an email to the email address submitted with the potential winner’s entry. The email will request that the potential winner contact Sponsor to confirm eligibility and arrange for delivery of the prize. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the Prize Documents as specified in the Official Rules; (iv) refuses the prize; and/or (v) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. (After two (2) such alternate potential winners have been selected without securing an eligible winner, the prize may remain un-awarded.) Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of the required Prize Documents, such individual will be declared a “winner” of the Promotion. Each winner will have the option to pick up the prize in-store or have it shipped, but if shipped, each winner must provide a mailing address and allow 4-6 weeks for prize delivery.
PRIZE DOCUMENTS. The potential winner, in Sponsor’s sole discretion and where permitted by law, may be required to sign an affidavit of eligibility, a publicity and liability release granting Sponsor the right to use the potential winner’s name, likeness, voice, and city and state of residence, and requiring the potential winner to claim ownership of the email address that was submitted with the winning entry, and may be asked to demonstrate control of the email address, as well as complete a W-9 form (“Prize Documents”). Potential winner must return Prize Documents within ten (10) days from the date that Sponsor first tries to notify the potential winner.
TAXES. All federal, state and/or local income and other taxes, if any, are the winner’s sole responsibility.
ODDS OF WINNING. The odds of winning a Prize depend on the number of entries received.
ENTRANT CONDUCT. This Promotion is subject to all federal, state, and local laws/regulations. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Promotion; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
RELEASE, PUBLICITY, AND GENERAL TERMS. By participating in the Promotion, entrants: (i) agree, to the fullest extent of the law, to release and hold harmless Sponsor and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”) from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize.
DISCLAIMERS. Sponsor is not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Entries generated by a script, computer programs, bots, macro, programmed, robotic or other automated means are prohibited and may result in disqualification at the sole discretion of Sponsor. Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, force majeure or technical failures of any sort. Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules.
PRIVACY. All entries submitted in the Promotion will be subject to the Sponsor’s privacy policy, available at https://www.loccitane.com/en-ca/pages?fdid=terms-conditions#4.
ARBITRATION/CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
Any dispute or claim relating to this Promotion, the Official Rules or any prize awarded (“Claim”), that is not informally resolved within fifteen (15) days of Sponsor’s receipt of written notice, shall be finally resolved by arbitration in your state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
Sponsor will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Five Thousand US Dollars ($5,000 USD), unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless Sponsor otherwise is required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over Sponsor is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
THE ARBITRATION OF CLAIMS SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York, without regard to any principles of conflict of laws.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Sponsor or its present or future parent, subsidiary or affiliated companies.
WINNER LIST. For a list containing the names of the winners, send a self- addressed stamped envelope, within three (3) months of the end of the Promotion Period, to:
Winner List, L’OCCITANE “HOLIDAY MAGIC” Sweepstakes, c/o L’OCCITANE INC., 1430 Broadway - 2nd Floor, New York, NY 10018, USA.