USA L’OCCITANE HOLIDAY MAGIC SWEEPSTAKES

OFFICIAL RULES
 
PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING THIS SWEEPSTAKES. DO NOT ENTER THE SWEEPSTAKES IF YOU HAVE NOT READ OR DO NOT AGREE TO 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 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW.


 
THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE SWEEPSTAKES OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE SWEEPSTAKES SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES.

 
1 Eligibility.  As of the date of entry, eligible participants must:
      (a) be legal residents of the United States and the District of Columbia (residents
of Puerto Rico and all other U.S. territories and possessions are expressly excluded from participation in the        Sweepstakes); and
      (b) have reached the age of majority in their state of residence and be at least eighteen (18)        years old.
The following are ineligible:  Employees, officers and directors of L’Occitane, Inc. (“Sponsor”), its parent and affiliated companies, suppliers as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, officer, or director, and each of their participating vendors, distributors, prize providers, advertising and promotion agencies and affiliated entities.  THE SWEEPSTAKES IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, IN PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS, 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 Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.


2.  Sweepstakes Entry Period and Timing.  The time to enter the L’OCCITANE Holiday Magic Sweepstakes (“Sweepstakes”) 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. (“Entry Period”).  Sponsor's computer is the official time-keeping device for the Sweepstakes.  Entrants are responsible for determining the correct beginning and ending times of the Entry Period in their respective time zones.  Sponsor is not responsible for late or misdirected entries. By entering, entrants accept and agree to be bound by these Official Rules and to the decisions of the Sponsor, which will be final and binding in all respects.


 
3.  How to Enter.   There are two ways to enter the Sweepstakes, and all eligible entries must be received during the Entry Period.  The first method of entry is by purchasing a Luxury Advent Calendar from L’Occitane, either in-store or online through usa.loccitane.com, and then scanning the QR Code and following the directions on your device to complete and submit an online entry form ("Online Entry") via
https://www.loccitane.com/en-us/pages?fdid=holiday-magic-giveaway.  One Online Entry per person and/or per email address, regardless of whether one person has more than one email address or more than one person uses the same email address.  In the event of a dispute regarding who submitted an Online Entry, the entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A selected entrant may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the selected Online Entry.

All entries must meet the eligibility requirements described in Section 1.  All entries must also be submitted and received during the Entry Period regardless of entry method. Sponsor may not receive entries that fail to follow the requirements stated herein, and Sponsor is not responsible for failure to see or receive an entry. Entries will not be acknowledged. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified.  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 Sweepstakes at Sponsor’s sole and absolute discretion. Proof of uploading an entry does not constitute proof of delivery or entry. 

The second method of entry is by completing and submitting an online entry form ("AMO Entry") via this link [https://www.loccitane.com/en-us/pages?fdid=holiday-magic-giveaway] as a free alternative method of entry. 
 

4.  Prize Winner Selection. 50 winners (each a “Winner”) will be selected and confirmed from among all eligible entries in a random drawing conducted by Sponsor or its designated representative on or about December 26, 2019. Odds of winning a prize depend on the number of eligible entries received during the Entry Period. One Prize per person regardless of method of entry.
 

5.  Prize.  Each Winner will receive a prize consisting of 24 full-size L’Occitane products, including tax and shipping (if applicable) (the “Prize”).  Each Prize will include one unit of each of the 24 following items:

  1. Immortelle Precious Cream 50ml
  2. Shea Ultra Rich Lip Balm 12ml
  3. Rose Hand Cream 30ml
  4. Shea Ultra Rich Body Lotion 250ml
  5. Almond Delicious Hands 30ml
  6. Purifying Mask 6ml
  7. Lavender Hand Cream 30ml
  8. Almond Shower Oil 250ml
  9. Shea Light Comforting Face Cream 50ml
  10. Almond Milk Concentrate 200ml
  11. Verbena Body Lotion 250ml
  12. Cherry Blossom Hand Cream 30ml
  13. Intense Repair Shampoo 300ml
  14. Aqua Reotier Thirst Quenching Gel 50ml
  15. Shea Butter Hand Cream 150ml
  16. Shea Soap Milk 100g
  17. Shea Butter Intense Hand Balm 150ml
  18. Verbena Soap 75g
  19. Intense Repair Conditioner 250ml
  20. Citrus Verbena Hand Cream 30ml
  21. Verbena Shower Gel 250ml
  22. Cherry Blossom Shower Gel 250ml
  23. Shea Butter Foot Cream 150ml
  24. Aqua Reotier Face Cleanser 195ml

Sponsor reserves the right to substitute any component of the Prize with a product of comparable value. (Approximate retail value (“ARV”) of each Prize: $564. Total ARV of Prizes: $28,200).  Prize is non-transferable, and no substitutions will be made except at the Sponsor’s sole discretion.
 

6.  Prize Notification and Prize Documents.  Each potential Winner will be contacted by email on or about December 26, 2019 using the contact information given at the time of entry in order to verify and confirm each potential Winner’s eligibility. Sponsor will attempt to contact each potential Winner two times by email only. If a potential Winner has not responded within 1 week by providing his/her shipping address, a new potential Winner will be picked at random. Before being confirmed as a Prize Winner, each potential Winner may be required to sign an affidavit of eligibility ("Affidavit"), a liability and publicity release (“Release”) and complete an IRS W-9 form (collectively, “Prize Documents”). The Release shall grant Sponsor the right, at the Sponsor's discretion, to use for any advertising and promotional purposes relating to the Sweepstakes, the Potential Winner’s name, likeness, voice, signature, silhouette, approved quotes and biographical information, city and state of residence and any material based thereon or derived therefrom (collectively, “Likeness Materials”), in perpetuity, including images, videos and social media posts in any media now known or hereafter devised, without further notice, compensation, consideration, review or consent and without regard to moral rights, except where prohibited by law. Each potential Winner must sign and return the Prize Documents to Sponsor within ten (10) business days from the date of receipt or the Prize will be forfeited and awarded to an alternate Winner selected at random. Once a potential Winner's eligibility is verified, he/she will be confirmed as a Prize Winner. Arrangements for redeeming the Prize will be sent to each Prize Winner approximately thirty (30) days after the date each Prize Winner is confirmed. If a Prize notification or a Prize is returned as undeliverable for any reason, the Prize may be forfeited, and the Sponsor reserves the right to select an alternate potential Winner, time permitting and in Sponsor’s sole discretion, with whom the Sponsor will follow the same process. In the event that a Prize Winner is disqualified for any reason, fails to respond to the prize notification or does not timely complete and return the Prize Documents, Sponsor will award that person’s Prize instead to an alternate winner selected by random drawing from among all remaining eligible entries.

 

7. Entrant Conduct.  This Sweepstakes 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 Sweepstakes; 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 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 DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
 

8. Limitation of Liability.  All entrants release Sponsor, its parent, affiliates, subsidiaries, officers, directors, partners, equity holders, agents, employees, and all others associated with the development and execution of this Sweepstakes (collectively, the “Released Parties”), from, and Sponsor assumes no responsibility or liability for, the following: (i) telephone, computer or technical malfunctions that may occur; (ii) any incorrect or inaccurate information, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in connection with the Sweepstakes; (iii) any injury or damage to entrants related to or resulting from participating in the Sweepstakes; (iv) late, lost, stolen, damaged, garbled, incomplete, misaddressed, or misdirected entries, emails or other communications, or electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind or insufficient space in entrant's email account to receive email messages or other errors, omissions, interruptions, or deletions; or (v) inaccessibility or unavailability of the Internet or any combination thereof.  If, for any reason, the Sweepstakes is not capable of running as planned, including because of, tampering, unauthorized intervention, fraud, technical failures, programming errors, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes.  Sponsor is not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of Prize Winners and Prizes. Without limiting the foregoing, Sponsor reserves the right to correct any such error. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any Prize offered herein.  No more than the stated number of Prizes will be awarded.  In the event that production, technical, programming, human or any other errors or occurrences cause more than the stated number of Prizes as set forth herein to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes (i.e., ten (10) Prizes) by a random drawing among all legitimate, un-awarded, eligible Prize claims. Sponsor reserves the right to change these Official Rules at any time, with or without notice.
 

9. Indemnity. To the maximum extent permitted by law, each entrant agrees to indemnify Sponsor at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty by entrant set forth herein.  To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) entrant’s entry or other material submitted by the entrant; (ii) any misrepresentation made by the entrant in connection with the Sweepstakes; or (iii) any non-compliance by the entrant with these Official Rules. 
 

10. Release and General Terms. By participating in the Sweepstakes, entrants agree, to the fullest extent of the law, to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s directors, officers, employees, and agents from any and all liability whatsoever in connection with this Sweepstakes and use of the Likeness Materials, 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”).
  
11. Privacy.  All entries submitted in the Sweepstakes will be subject to the Sponsor’s privacy policy, available at http://usa.loccitane.com/terms-conditions,82,1,29772,269379.htm#9. By participating in the Sweepstakes, entrants hereby agree to Sponsor’s collection and usage of their personal information in accordance with Sponsor’s privacy policy and acknowledge that they have read and accepted Sponsor’s privacy policy.

12. ARBITRATION REQUIREMENT AND 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.
By participating in this Sweepstakes, you agree that any and all disputes or claims that have arisen or may arise between you and Sponsor, including without limitation federal and state statutory claims, common law claims, and those based in contract, tort, fraud, misrepresentation or any other legal theory, shall be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court, if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The arbitration will be conducted by the American Arbitration Association (referred to as the "AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules (as applicable), as modified by this Agreement to Arbitrate.  The AAA's rules are available at www.adr.org.  This agreement to arbitrate is intended to be broadly interpreted.  In the event of any question as to whether a particular issue must be arbitrated, you agree to delegate the question of whether a particular issue or dispute is arbitrable to the sole discretion of the arbitrator.  The Federal Arbitration Act governs the interpretation and enforcement of this Agreement to Arbitrate. 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.

 
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 SWEEPSTAKES IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE SWEEPSTAKES , 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 SWEEPSTAKES, 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), BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM; (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.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

13. Winner’s List.  For a list of Prize Winners, mail a self-addressed stamped envelope to: L’OCCITANE Holiday Magic Giveaway Sweepstakes, c/o L’OCCITANE, INC., 1430 Broadway - 2nd Floor, New York, NY 10018.  Requests must be received by January 1, 2020. Vermont residents may omit return postage. 
 
14. Sponsor.  This Sweepstakes is sponsored and administered by L’OCCITANE INC., 1430 Broadway - 2nd Floor, New York, NY 10018.  Please direct any questions or comments regarding this Sweepstakes to Sponsor.