“Borghese Reel Story Contest”
Terms and Conditions
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE OR IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. INTERNET ACCESS REQUIRED.
EACH WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE, WITHIN 10 DAYS, AS MORE FULLY DETAILED BELOW.
BY ENTERING THE CONTEST YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Information on how to enter forms part of these Terms and Conditions.
2. By participating in the promotion, entrants acknowledge that they have read and understood these Terms and Conditions; and agree to be bound by them. Entries must be submitted in accordance with these Terms and Conditions to be valid.
The promotion commences on 01/30/2019 at 12:00:01 am Eastern Standard Time (EST) and entries close on 2/25/2019 at 11:59:59 pm EST (Promotional Period).
3. The promotion is only open to “Eligible Entrants”. Subject to these Terms and Conditions, an Eligible Entrant is a person who is(a)over 18 years or older at the time of entry; (b) has obtained permission to enter this promotion from a parent/legal guardian if under 18 years of age at the time of entry (c) submits their entry into this promotion in accordance with these Terms and Conditions (d) is a legal resident of the state of Connecticut or New Jersey or New York; and (e) is available to participate in the campaign shoot, which is scheduled to occur between 3/4/2019 and 3/15/2019.
4. Employees, managers and directors of Borghese Inc. (“Sponsor”) and its related companies and suppliers and agencies involved in this promotion are not Eligible Entrants, nor are their immediate families.
5. To enter the promotion, an entrant must during the Promotional Period:
- Create an original 1-2-minute video with the person who introduced you to Borghese
- Must answer the question: “Who introduced you to Borghese products and how did it happen?”
- Video must include the name of your favorite Borghese product
- Email the video to firstname.lastname@example.org with your full name, mailing address, and email address
6. LIMIT: One (1) entry per person (regardless of method of entry), per address (physical or email) in the Contest. Entries may not be acknowledged and will not be returned. Only entries actually received by Sponsor in accordance with the deadlines set forth above will be considered in this Contest; other proof of submission will not be deemed to be proof of receipt of entry by Sponsor. Any attempt made to submit entries in excess of any stated limit or otherwise in violation of these Official Rules (including by using multiple or false contact information or otherwise) may be disqualified. Sponsor’s clock will be the official timekeeper for this Contest. Entries that are (i) forged, altered, incomplete, lost, late, illegible, unintelligible, duplicated, misdirected, mutilated, illegitimate, or garbled; (ii) generated by a macro, bot, or other automated means; or (iii) submitted with intent to subvert the entry process will not be accepted and are void. Those who do not provide the required information or abide by these Official Rules and other instructions of Sponsor and its representatives may, in Sponsor’s sole discretion, be disqualified and any associated entry void. Entries or participation made on behalf of any other individual or any entity or group, or originating at any online service other than those described above (including, without limitation, through commercial promotion subscription, notification, or entering services) will be declared invalid and disqualified for this Contest. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address submitted with the disputed entry will be deemed to be the entrant, but only if that person satisfies the eligibility requirements, otherwise the entry will be disqualified. Potential winners may be required to show proof of being the authorized account holder. The “authorized account holder” is the natural person assigned to an email address by an online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted email address (e.g. an educational institution, business, or ISP. If a dispute regarding the identity of an entrant cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. As a condition of entering the Contest, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
7. If an entrant’s contact details change during the Promotional Period, it is the entrant’s responsibility to notify the Sponsor in writing.
8. All entries become the property of the Sponsor.
9. The winner of the competition will be the entrants who are selected by the judges. Entries judged 50% on submitted video and 50% on answer to question. Sponsor reserves the right to final approval of the winners.
10. The four (4) entries with the highest scores will be selected as the potential winner[s]. In the event of a tie in the selection of a winner, the tie will be broken by naming as the winner the entry with the higher score on the [“Who introduced you to Borghese products and how did it happen?”] criterion.
11. The winner will be notified by email (unless the entrant has notified the Sponsor of a change to their contact details in accordance with clause 8) by and will have their names published in on Borghese’s social pages. The Sponsor may announce the name of the winner on Instagram (@BorgheseRoma) / Facebook (@BorgheseRoma)
12. TRAVEL TO AND FROM THE EVENT, MEALS, DRINKS, TRANSFERS, SPENDING MONEY, TRAVEL/HEALTH INSURANCE AND ANY AND ALL OTHER INCIDENTAL AND/OR ANCILLARY COSTS ARE THE SOLE RESPONSIBILITY OF THE WINNER.
13. On or before [03/1/19], Sponsor or its designated representative (whose decisions regarding the winners will be final) will notify the four (4) potential winners from among all eligible entries received by Sponsor. Potential winners will be notified by phone, mail, and/or email (as determined by Sponsor in its sole discretion) within approximately 72 hours after the winner selection. Potential winners may be required to execute, have notarized (if applicable), and return to Sponsor an affidavit of eligibility, a liability release, and, except where prohibited by law, a publicity release, as well as tax documents (collectively, the “Prize Winner Documents”) (any or all of which may require the winner to provide his or her Social Security Number), without alteration and in the form provided by Sponsor in order to claim his/her prize. The Prize Winner Documents must be returned to Sponsor by the date and/or time indicated within the Prize Winner Documents and are subject to verification. If (i) the potential winner cannot be contacted or does not respond as instructed within seventy-two (72) hours. of the first attempt to contact him/her, (ii) the potential winner fails to return the Prize Winner Documents within the specified time, (iii) any prize or prize notification is returned as undeliverable, (iv) the potential winner is found to be ineligible, or (v) the potential winner does not comply with the Official Rules, then the potential winner may, in Sponsor’s sole discretion, be disqualified and an alternate winner selected by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, after which that prize may go unawarded.
14. The Sponsor may announce the name of the winner on Instagram (@BorgheseRoma) / Facebook (@BorgheseRoma).
15. If a winner is under the age of 18 years, the prize will be awarded to the winner’s nominated parent/legal guardian on the winner’s behalf. During the entire duration of the prize, a nominated parent/legal guardian must accompany the winner as his or her companion.
16. Before the prize is awarded, the winners and their companions or parent/legal guardian if aged under 18 years will be required to sign a release and indemnity agreement, the terms of which will be determined by the Sponsor in its absolute discretion. Failure to sign the release and indemnity agreement will result in forfeiture of the prize.
17. Four (4) winners, subject to verification, will each receive a prize, which consists solely of: Winner will receive Borghese products mentioned in the video plus a video shoot. On the day of the video shoot, each winner will receive professional makeup services and will be filmed by a professional videographer. The videos will be included on retailer merchandising displays and websites and through partner channels, on Borghese.com, and on Borghese’s social media channels (including a YouTube video to be posted on Borghese’s Facebook page).
18. The approximate retail value (“ARV”) of each prize is $5,000 (the cost of the professional video shoot and hair and makeup services) USD and the total ARV of all prizes to be awarded in this Contest is $20,000 USD.
19. Each prize must be taken as stated and no compensation will be payable if a winner is unable to use the prize, or any element of it, as stated. The Sponsor reserves the right to substitute the prizes in whole or in part for something of equal or greater value in the event that any component of the prize is unavailable (subject to any applicable legislation). Prizes are not transferable, deferrable, exchangeable or redeemable for cash or product. The prize cannot be sold to any other person (including by online auction or private sale). Unused portions of prizes will be forfeited, and no compensation will be payable in lieu of that element of the prize.
20. All prize details not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any taxes (federal, state, and local) and all costs and expenses associated with prize acceptance or use and not specified in these Official Rules as being part of the prize will be the sole responsibility of each winner. Each winner may be issued a 1099 and related tax forms for the actual value of the prize. No more than the stated prizes will be awarded. Sponsor will not replace any lost, mutilated, or stolen prize or prize elements or any prize that is undeliverable or does not reach any winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. Each winner is strictly prohibited from selling, auctioning, trading, or otherwise transferring any part of the prize, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Any mailed prize elements will only be mailed or otherwise provided to the applicable verified winner’s address in the Territory, unless Sponsor, in its sole discretion, agrees otherwise. Sponsor reserves the right to substitute any prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including unavailability of the stated prize. Each entrant waives the right to assert as a cost of winning any prize any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
21. Except for any liability that cannot by law be excluded, the Sponsor (including its officers, employees and agents) excludes all liability for any death, personal injury, loss or damage (including loss of opportunity and whether direct, indirect, special or consequential) suffered or incurred by any person (whether or not arising from any person’s negligence) arising in any way out of or in connection with (a) this promotion; (b) any technical difficulties or equipment malfunction (whether or not under the Sponsor’s control); (c) any theft, unauthorized access or third party interference; (d) any entry or prize claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Sponsor) due to any reason beyond the reasonable control of the Sponsor; (e) any variation in prize value to that stated in these Terms and Conditions; (f) if any event included in the prize is cancelled or rescheduled for any reason beyond the reasonable control of the Sponsor; (g) any tax liability incurred by a winner or entrant; or (h) taking and redemption of any prize.
22. The Sponsor reserves the right to disqualify any entries in its absolute discretion. For example, the Sponsor may disqualify: (a) any entrants or entries that tamper with, or attempt to tamper with the entry process; (b) incomplete, indecipherable or illegible entries or entries containing false information or incorrect contact details; (c) any entries that contain material that is obscene, indecent, objectionable, defamatory, libelous or otherwise contravenes an applicable law or infringes any third party’s rights; and (d) any entries that the Sponsor considers inappropriate for any reason.
23. The Sponsor reserves the right, at any time, to verify the validity of entries and the details provided by entrants (including an entrant’s identity, age and place of residence) and to disqualify any entrant who submits an entry that is not in accordance with these Terms and Conditions. The identification necessary for verification is at the sole discretion of the Sponsor. Failure by the Sponsor to enforce any of its rights at any stage does not constitute a waiver of those rights.
24. By entering the Contest (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, likeness, photograph, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties’ (defined in Section 27) sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere worldwide, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), without any limitation of time, and without notice, review, or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
26. Each entrant must comply with these Terms and Conditions. Each entrant indemnifies and will keep indemnified the Sponsor in relation to all loss and damage whatsoever which is suffered (including but not limited to indirect or consequential loss) by the Sponsor as a direct or indirect result of the entrant acting inconsistently with or breaching any part of these Terms and Conditions.
27. LIMITATION OF LIABILITY. EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE SPONSOR, FACEBOOK, AND INSTAGRAM (“RELEASED PARTIES”) FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO OR OF PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, WINNER AGREES THAT THE RELEASED PARTIES ARE NOT RESPONSIBLE IN ANY WAY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR RE-ROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY.
28. The Sponsor does not accept any responsibility for late, lost, incomplete, incomprehensible, incorrectly submitted, delayed, illegible, corrupted or misdirected entries, claims or correspondence, whether due to error, omission, alteration, tampering, deletion, theft, destruction, transmission interruption, communications failure or otherwise. All entries are deemed to be received at the time of receipt in the promotional database.
29. The Sponsor is not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination of these, or any other technical failures including any damage to an entrant’s (or any other person’s) mobile handset or computer related to, or resulting from, participation in this promotion or the downloading of any materials related to this promotion. Entrants acknowledge that the Internet is not a secure medium and that the Sponsor is not responsible for the security of online entries.
30. If for any reason this promotion is not capable of running as planned, including as a result of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, safety or proper conduct of this promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion, subject to any applicable legislation.
31. The Sponsor’s decision on all aspects relating to this promotion is final and no correspondence will be entered into.
32. Except where prohibited, as a condition of participating in this Contest, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Contest (including a prize awarded or the determination of a winner) must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain (and hereby waives all rights to seek or claim) injunctive, equitable, or other non-monetary relief or awards for punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10), and entrant further waives all rights to have damages multiplied or increased.
33. THIS CONTEST, THESE OFFICIAL RULES, AND ANY DISPUTE ARISING UNDER OR RELATED THERETO (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) WILL BE GOVERNED, CONSTRUED, AND INTERPRETED UNDER THE INTERNAL LAWS OF NEW YORK., WITHOUT REFERENCE OR GIVING EFFECT TO ITS CONFLICTS OF LAW PRINCIPLES OR RULES THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS RELATED TO THIS CONTEST (WHETHER FOR BREACH OF CONTRACT, TORTIOUS CONDUCT, OR OTHERWISE) WILL BE BROUGHT EXCLUSIVELY IN THE STATE OR FEDERAL COURTS LOCATED IN NEW YORK, NEW YORK AND EACH ENTRANT IRREVOCABLY ACCEPTS, SUBMITS, AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THESE COURTS WITH RESPECT TO ANY LEGAL ACTIONS, SUITS, OR PROCEEDINGS ARISING OUT OF OR RELATED TO THIS CONTEST. YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMIT TO THE JURISDICTION OF THOSE COURTS.
34. OFFICIAL RULES. These Official Rules are available at https://bit.ly/2MESQPI or by sending a self-addressed, stamped envelope to “Borghese Reel Story Contest,” c/o Borghese Inc. 3 East 54th St, NYC, NY, 10022. Limit one (1) request per outer envelope. Rules requests must be received during the Entry Period.
35. WINNERS LIST. To request a copy of the Contest winners list, send a self-addressed, stamped envelope to Borghese Reel Story Contest,” c/o Borghese Inc., 3 East 54th St, 20th Floor, NYC, NY, 10022. Limit one (1) request per outer envelope. Requests for a copy of the winners list must be received by May 25, 2019.
36. SPONSOR. The sponsor of the Contest and the address at which the Sponsor may be contacted is Borghese Inc., 3 East 54th St, 20th Floor, NYC, NY, 10022. Reference to third parties in connection with the prize is for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.