UGC CHALLENGE TERMS AND CONDITIONS

OFFICIAL RULES – LA SULTANE DE SABA “MY SULTANE SUMMER” CHALLENGE

 

HOW TO ENTER:

No purchase or payment of any kind is necessary to enter or win this La Sultane de Saba “My Sultane Summer” Challenge 2024 (the “Contest”). Any purchase or payment will not increase your chance of winning the Contest. The Contest begins at 12:00 pm EST on 08/01/2024 and ends at 11:59 pm EST on 08/25/2024 (the “Contest Period”). Throughout the Contest Period, you may enter the Contest by posting a photo or video featuring La Sultane de Saba products on your Instagram account, tagging @lasultanedesabausa, and using the hashtag #mysultanesummer (the “Entry” or “Entries”). You may enter multiple times, but may only receive 1 Prize. Make sure your settings are public so we can find your post and confirm you’ve properly entered during the Contest Period. Online entry is the only method of entry.

 

By entering this Contest, you acknowledge and agree that you have opted-in to Instagram’s terms of use, privacy policies, and community guidelines as well as La Sultane de Saba’s terms of use relating to the use of any La Sultane de Saba content, a copy which is also available here. Entries that are incomplete, false or deceptive are void. Entries must be in English and shall not contain any elements that violate a third party’s copyrights, trademark rights, or personal, privacy, or other rights of any kind. Without limitation, Entries should not depict, tag, or reference any individuals that have not granted permission to be featured and be bound by these Official Rules. Entries must not contain any material that La Sultane de Saba deems inappropriate for public dissemination. The Winners will be picked and announced on 08/30/2024 from all qualifying Entries received during the Contest Period. La Sultane de Saba’s computer will serve as the official time-keeping device for this Contest.

 

ELIGIBILITY:

In order to enter, you must be at least the age of majority of such state as of August 25th, 2024. Employees of La Sultane de Saba and its advertising and promotional agencies, and any other entities participating in the design, marketing, administration, or fulfillment of this Contest, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively with La Sultane de Saba, the “Contest Entities”), and each of their immediate families and members of their households are ineligible to participate in this Contest. Void where prohibited.

 

SELECTING THE WINNER AND NOTIFICATION; GENERAL CONDITIONS:

La Sultane de Saba will review all eligible entries after the close of the Contest Period and select 3 finalists based on the following criteria: 1) creative use of the brand, 2) quality of content, and 3) overall appeal (each an “Entrant,” collectively, the “Entrants”). La Sultane de Saba’s decision is final and binding in all respects. The 3 finalists will be announced on Instagram, and followers will have the opportunity to vote for their favorite entry via a one-day poll on La Sultane de Saba’s Instagram Story. The winner will be contacted through direct message to the social media handle provided in the Entry (“DM”) on or about 08/30/2024. Odds of winning the Prize depend on the number of eligible entries received from Entrants during the Contest Period. Failure of Potential Prize Winner to respond to such notification within 24 hours will result in disqualification of Potential Prize Winner and an alternative Potential Prize Winner will be selected, who will be contacted via DM as soon as practicable and shall also have 24 hours to respond. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED, AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE (each a “Winner”). By entering this Contest, Entrant accepts and agrees to these Official Rules and the decisions of La Sultane de Saba, which shall be final in all matters.

 

PRIZES AND TAXES:

The Winner shall receive a prize (the “Prize”) consisting of $500 worth of La Sultane de Saba products. Winner is solely responsible for any costs or expenses associated with or resulting from acceptance of any Prize. No substitution or transfer of Prize permitted by Winner. Additional restrictions may apply. The Winner shall provide, upon La Sultane de Saba’s request, all available information that La Sultane de Saba may reasonably require to fulfill its obligations under any national, state, provincial, or local tax statute, regulation, or rule, including but not limited to a valid W-9. Winner acknowledges that La Sultane de Saba will rely upon such information to prepare all relevant tax materials, if any.

 

RELEASE AND INDEMNITY:

This Contest is subject to all applicable federal, state, and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of La Sultane de Saba and waive any and all right to claim ambiguity in the Contest or these Official Rules or that Entrants’ publicity or similar rights were infringed upon. Without limiting the foregoing, each Entrant represents and warrants that (a) all information provided to La Sultane de Saba in connection with the Contest is valid, true, and accurate; (b) Entrant has all right, power, and authority necessary to enter the Contest, perform its obligations hereunder, and grant the rights it grants to the Licensed Parties; (c) the Entrant will comply with all applicable laws, regulations, orders, and other requirements of any governmental authority related to its Entries hereunder without violating the rights of any third party, including, without limitation, publicity, privacy, and intellectual property rights.

 

Entrants and Winner also agree to release, discharge, indemnify, and hold harmless the Licensed Parties, Instagram, and each of their respective officers, directors, employees, representatives, and agents (collectively with the Licensed Parties, the “Released Parties”) from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages, or losses to any person (including death) or property resulting from the Entrant’s breach of any obligations hereunder, including breaches of any representations and warranties; or of any acceptance, possession, ownership, misuse of any Prize. La Sultane de Saba may rescind any Entries found to contain such errors without liability at its sole discretion.

 

LA SULTANE DE SABA AND THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY LA SULTANE DE SABA PRODUCT OR, IF APPLICABLE, ANY PRIZE COMPONENTS, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, OR ACTS OF GOVERNMENT OR AUTHORITY.

 

LIMITATION OF LIABILITY:

The Released Parties are not responsible for: (a) lost, late, misdirected, undeliverable or incomplete Entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or Entries; (b) technical failures of any kinds; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Contest or receipt or use of any Prize. If for any reason any Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of La Sultane de Saba which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, then La Sultane de Saba reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select Potential Prize Winners from among all eligible Entries received by La Sultane de Saba up until the time of such cancellation, termination, modification, or suspension, as applicable. By entering this Contest you are giving your permission to receive emails from La Sultane de Saba.

 

To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages.

 

JURY TRIAL WAIVER:

EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

 

APPLICABLE LAWS AND JURISDICTION:

This Contest is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules for this Contest shall be governed by the laws of the State of Florida, without regard to any principles of conflict of laws. Should there be a conflict between the laws of the State of Florida and any other laws, the conflict will be resolved in favor of the laws of the State of Florida. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by binding arbitration by a single arbitrator in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, in Miami, Florida. The arbitrator shall be an expert in the field of intellectual property law and marketing. All parties shall bear their own expenses, except that parties shall equally share the expenses of the arbitrator (except for the required non-refundable filing fees which shall be paid solely by the party asserting the related claim). Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

NO ASSOCIATION:

This Contest is in no way sponsored, endorsed, or administered by or otherwise associated with Instagram.

 

RULES/WINNERS LIST:

Each Entrant acknowledges that if he/she is chosen as a winner, certain of his/her identifying information may be disclosed to third parties as required by law, including without limitation, on a winner’s list. The name of the Winner will be announced on La Sultane de Saba’s social media pursuant to the schedule set forth above and also included in La Sultane de Saba’s email newsletter. For 30 days after the Contest Period, you may also send an email to contact@lasultanedesabausa.com for the name of the Winner. In the subject of the email, type “La Sultane de Saba UGC Challenge WINNERS.” No correspondence will be entered into except as noted herein.

 

This version of the terms and conditions includes the necessary details for running the contest, selecting the winner, and managing any legal and logistical aspects.