#SurrenderToGrey Sweepstakes
Official Rules
February 5, 2015 - February 11, 2015
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void where prohibited. The above-named sweepstakes ("Sweepstakes") is sponsored by NBCUniversal Media, LLC and E! Entertainment Television, LLC (collectively, "Sponsor"). This Sweepstakes will begin on Thursday, February 5, 2015 at 12:01 a.m. PT and will end on Wednesday, February 11, 2015 at 11:59:59 p.m. PT ("Sweepstakes Period"). All times in the Sweepstakes refer to Pacific Time ("PT") unless otherwise stated. Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: You must be eighteen (18) years of age or older (and the age of majority in your state of residence) and a permanent legal United States resident physically residing in one of the 50 United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) as of the start of the Sweepstakes Period. You must have an active, personal Instagram account to enter. Go to www.instagram.com for instructions on how to sign up for a free account. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. "Sweepstakes Entities," as referenced herein, shall include Sponsor, its parent, subsidiary, and affiliate companies, and its administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, fulfillment or implementation of the Sweepstakes, including, without limitation, Coty - OPI, Inc. and Fandango. Entrants must have a valid social security number or tax identification number to be eligible.
HOW TO ENTER: To enter on Instagram, use your personal Instagram account to visit the @eonline Instagram account and click 'Follow.' Once you have 'Followed' the account, upload a photo of your best outfit-and-manicure combo in any—or many—shade(s) of gray, using the #surrendertogreysweeps hashtag and the @OPI_products handle. Entry must include #surrendertogreysweeps and @OPI_Products or entry will not be valid. Notwithstanding the foregoing, entrants who include #surrendertograysweeps instead #surrendertogreysweeps will not be disqualified provided they comply with all other entry requirements. Photo must have been taken by you or at your direction, and you must have permission of any person identified in the photo. If any minors appear in the photo, you must be that minor's parent and/or legal guardian. Professional photos and photos with watermarks are not eligible. Your photo, including resolution, quality, and creative concept, will not affect your chances of winning.
Limit one entry per person. Entries received beyond this limit are void and will be disqualified. Your entry must be received before February 11, 2015 at 11:59:59 p.m. PT to be eligible for the Sweepstakes. Sponsor's computer shall be the official timekeeper for all matters related to this Sweepstakes. All entries become the property of Sponsor and will not be acknowledged. Entries generated by a script, macro, or other automated means or by any means that subverts the entry process will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of the individual who made a winning entry, Sponsor reserves the right to determine the potential winner in its sole discretion. Without limiting the foregoing, Sponsor may deem that an entry was made by the registered subscriber of the email address used to enter (if an email address was required for entry). If entry was made using a social media account without providing an email address, Sponsor may deem that the winning entrant is the authorized account holder of the social media account used to enter. "Authorized account holder" is defined as the person who is assigned to the social media account, cell phone account or any other account by the organization responsible for assigning such accounts. Entry constitutes permission (except where prohibited by law) to use entrant's name, social media account names, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. If you choose to submit your entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities.
WINNER SELECTION AND NOTIFICATION: Potential winners will be selected from all eligible entries received during the Sweepstakes Period in a random drawing held by Sponsor (or its representative) on or about Thursday, February 12, 2015. Sponsor will make two (2) attempts to notify potential winners via Instagram Direct. Potential winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of receipt. Noncompliance within this time period may result in disqualification, and, at Sponsor's sole discretion an alternate potential winner may be selected from the remaining eligible entries. If a potential winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if the prize or winner notification is returned as undeliverable, potential winner will be disqualified, and time permitting, an alternate winner may be selected from the remaining eligible entries at Sponsor's sole discretion. Limit one (1) prize per family or household.
PRIZE(S): One (1) prize will be awarded. The prize will consist of fifty (50) free movie tickets (in the form of $650 of Fandango gift codes); fifty (50) bottles of OPI's nail lacquer shades; and one (1) set of the OPI nail lacquer collection inspired by the Universal Studios film Fifty Shades of Grey. Estimated retail value ("ERV") of prize is $1,122.00. Winner is solely responsible for all taxes, expenses, costs or fees associated with acceptance and/or use of the prize that are not specifically stated herein as being awarded. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Actual retail value of prizes may vary. Any difference between ERV and actual retail value will not be awarded. For any prize with an actual retail value of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to winner for such value for the year in which prize was won.
All prize details will be determined by Sponsor in its sole discretion. Prizes will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Sponsor reserves the right to substitute a prize (or portion thereof) with a similar prize (or prize element) of comparable or greater value for any reason at their sole discretion. Additional restrictions may apply. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items detailed above, with no substitution of prize by winner. If prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in its sole discretion, it will be forfeited, and time permitting, an alternate winner may be selected from the remaining eligible entries at Sponsor's sole discretion. If a minor is eligible to enter the Sweepstakes and is selected as a winner, the prize will be awarded in the name of such minor's parent or legal guardian. Gift card, tickets and other prizes may be subject to additional terms and conditions of the prize provider or issuer.
PRIVACY: Sponsor's use of your personal information is governed by Sponsor's privacy policy, located at http://www.nbcuni.com/privacy. You may be given the opportunity to opt-in to receive additional information from Sponsor and selected partners. If, at any time, you no longer wish to receive materials from Sponsor or our partners, please go to Sponsor's privacy policy, or the applicable partner's privacy policy, and follow the procedures indicated. Sponsor may share a potential winner's name and contact information with any of the Sweepstakes Entities, including, without limitation, any prize provider.
WINNER ANNOUNCEMENT: For the name of the winner(s), available February 19, 2015, send a self-addressed, stamped envelope to be received no later than April 20, 2015 to E! Entertainment Television, LLC, 5750 Wilshire Blvd., Los Angeles, California 90036, Attn: Sweepstakes Winners List Request (#SurrenderToGrey Sweepstakes).
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Instagram, LLC, and each of their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of a prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including express warranties provided exclusively by a prize supplier that are sent along with such prize; (c) if selected as a winner, to the posting of such entrant's name on Sponsor's websites and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor's sole discretion.
By entering the Sweepstakes, you grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the content your entry and to incorporate the content of your entry in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. You warrant that you have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of your entry will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any entry contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any entry does not comply with these Official Rules or meet Sponsor's standards for any reason, as determined by Sponsor in its sole discretion, such entry may be rejected as ineligible for consideration and/or deleted from any public website. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit your entry.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Sweepstakes entry page, if any, and/or on Sponsor's primary website. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram. You are providing your information to Sponsor and not to Instagram. Do not contact Instagram for any information about this Sweepstakes.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. 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, without resort to any form of class action. If any dispute, claim or cause of action relating to this Sweepstakes is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in New York. All proceedings brought pursuant to this paragraph will be conducted in the County of New York. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorneys' fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.
SPONSORS: NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, and E! Entertainment Television, LLC, 5750 Wilshire Blvd., Los Angeles, California 90036.