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ANNABELLE’S #ABCOLORPOWER QUEBEC CONTEST

 

OFFICIAL RULES

 

(the “Rules”)

 

 

NO PURCHASE NECESSARY TO ENTER.

 

1. CONTEST PERIOD AND SPONSOR. “ANNABELLE’S #ABCOLORPOWER QUEBEC CONTEST” (the “Contest”) is sponsored by Groupe Marcelle Inc. (the “Sponsor”). The Contest begins on November 11, 2015 at 00:00:01 AM Eastern Time (“ET”) and ends on December 2, 2015 at 12:00:00 (noon) PM ET (the “Contest Period”). The clock used by Sponsor to compute the Entries (as such term is defined below) will be the official clock to determine the date and time of receipt of an Entry.

 

2. ELIGIBILITY. The Contest is open to all legal residents au Québec who are thirteen (13) years of age or more at time of entry. If an entrant is a minor, as defined by the jurisdiction of the entrant’s primary residence (“Minor”), permission of a parent or guardian is required to participate in the Contest. The following persons cannot participate in the Contest: officers, directors, shareholders, employees, agents and/or representatives of Sponsor or its affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributors and/or any other party related to the Contest. Also, any member of the immediate family of the persons mentioned in this section and any person living with them under the same roof (whether or not a member of their immediate family) cannot participate in the Contest. The term "immediate family" means fathers, mothers, brothers, sisters, children, husbands, wives or spouses of the persons mentioned in this section, regardless of where they live.

 

3. PARTICIPARTION. NO PURCHASE NECESSARY.

 

There are two (2) ways to enter the Contest: (i) Instagram, and (ii) Twitter. Internet access and a valid Instagram or Twitter account required. Feed must be viewable by the public.

 

During the Contest Period: (i) follow us on Instagram at @annabellecosmetics and/or Twitter at @annabelletweete, (ii) take a photo of yourself (“selfie”) with your favourite Annabelle product for the perfect holiday look and post/share it on your Instagram or on your Twitter account using the hashtag: #ABCOLOURPOWER. No purchase necessary, you can use the testers in store.

 

Each compliant post on Instagram and Twitter are each an “Entry” and collectively, the “Entries”. Your Entry shall be compliant with Section 4 of these Rules. The only individual that shall appear in your photo/selfie is you. Moreover, your Entry must also comply with Instagram’s and Twitter’s terms of use.

Limit: maximum of one (1) Entry per person per week.

 

The entrant must submit each Entry personally. Entrant may only use one (1) Instagram or one (1) Twitter account in connection with this Contest. Multiple entrants are not permitted to share the same Instagram and Twitter account. Photocopied, mechanically reproduced, forged or altered Entries are void. All Entries must be received during the Contest Period. Sponsor is not responsible for lost, late, undelivered, invalid, unintelligible, incomplete, misdirected, illegible, or damaged Entries, which will be disqualified. Entries become the exclusive property of Sponsor and will not be returned or acknowledged.

 

Any attempt by any entrant to obtain more than the stated number of Entries by using multiple social media accounts, identities, registrations and logins, or any other methods will void that entrant’s Entries and that entrant may be disqualified within Sponsor’s sole discretion. Use of any automated system (including but not limited to, Entries submitted using any robot, script, macro, or other automated service) to participate is prohibited and will result in disqualification. In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the social media account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned to a social media account by a provider, service provider or other organization responsible for assigning social media account. Potential winners may be required to show proof of being the authorized account holder.

 

4. ENTRY & PHOTO. Your Entry must be your own work (not copied). Your Entry (or anything related to it, including, your photo) must not contain anything that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of image, personality, publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or legal liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (which include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language); (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; (viii) contains information or materials embodying the names, images, likenesses, voices, or other indicia identifying any third person (living or dead), such as personal names, e-mail addresses or street addresses, including, without limitation, those of celebrities and/or other public or private figures, living or dead, (ix) uses the brand names, trade names, or trade-marks of any third parties, or (x) in Sponsor’s sole discretion, does at least one of the following: insults, attacks, harasses, bullies, threatens, demeans or impersonates others; contains “hate speech,” whether directed at an individual or a group, based on membership within certain categories targets minors or promotes products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate; contains adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative; contains content that is shocking, sensational or disrespectful, or portrays excessive violence; is otherwise obscene, offensive, or inappropriate; or links to or promotes a webpage; or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation.

 

By entering this Contest and submitting an Entry, you (i) grant to Sponsor all right, title and interest in and to any material related to your Entry for use in any and all manner, format, or media whether now known or hereafter devised (which use may include without limitation, editing, reformatting, modifying, publishing, posting, distributing, displaying, and transmitting for print, audio, visual, digital, or broadcast media and the like), for any purpose, including without limitation, advertising Sponsor or Sponsor’s products or services; (ii) waive any and all moral rights that you may have in the Entry with respect to the uses contemplated herein; (iii) agree to Sponsor’s use of your name, home address, picture, biographical information, statements, voice, image or likeness for the same purposes and in the same manner, format, and media as described earlier in this paragraph; (iv) agree that your grant and agreement, enumerated in this paragraph, are without further notice or compensation; are irrevocable; are perpetual; and apply to any aspect of the Contest and your Entry, including attending events and partaking in or receiving gifts and prizes; and (v) agree you will further sign a release to this effect, if requested by the sponsor. In order words, by entering this Contest and submitting an Entry and a photo, you acknowledge and agree that your Entry and photo may be posted online for public viewing. You hereby irrevocably, perpetually, and without limitation, grant the Sponsor the unlimited right and permission to use, post, publish, adapt, edit and/or modify such Entry (with or without your name in connection with your Entry), on the internet, in connection with this Contest and waive all your rights, including moral rights, in and to the Entry, without notice or compensation.

 

5. PRIZES

During the Contest Period, there will be weekly prizes and one final grand prize.

 

WEEKLY PRIZES

 

Every week included in the Contest Period, the following prizes will be awarded:

 

(i) Weekly Grand Prize:

 

One (1) weekly grand prize consisting in one (1) Marie-Mai VIP Package of an approximate retail value (“ARV”) of $860 (the “Weekly Grand Prize”). The Weekly Grand Prizeincludes for the Winner and three (3) guests:

 

  • - Four (4) beauty sets of Annabelle products (ARV of $400);
  • - Four (4) concert tickets to the Marie-Mai concert at the St-Denis Theater on December 17, 2015 including back-stage access for the Winner and three (3) guests to meet and take photos with Marie-Mai (ARV of $240); and
  • - An array of various Marie-Mai promotional items chosen by the Sponsor (ARV of $220).

 

(ii) Weekly Secondary Prizes:

 

Ten (10) weekly secondary prizes each consisting in one (1) beauty set of Annabelle products of an ARV of $100 each (each a “Weekly Secondary Prize” and collectively, the “Weekly Secondary Prizes”).

 

FINAL GRAND PRIZE

 

At the end of the Contest, and more specifically at the date mentioned in section 6 of the Rules, one “Final Grand Prize” will be awarded, which includes:

 

  • four (4) concert tickets to the Marie-Mai concert at the St-Denis Theater on December 17, 2015 including back-stage access for the Winner and three (3) guests to meet and take photos with Marie-Mai (ARV of $240).

 

The Weekly Grand Prize and the Weekly Secondary Prizes are herein collectively referred to as the “Weekly Prize” or “Weekly Prizes”. The Weekly Prizes and the Final Grand Prize are collectively referred to as the “Prize” or the “Prizes”). The total ARV of all the Prizes for the Contest is $5,820 CAD.

Sponsor reserves the right to provide an alternative concert date and venue. Selection of the exact location of the seats during the concert shall be entirely subject to the discretion of the Sponsor. The Sponsor will not be responsible if the winner or his/her guests is/are denied access to the concert venue. Winner (and guest) will be responsible for all expenses not specifically included in the Prizes.

The Prizes and their components shall be accepted as awarded and cannot be transferred, substituted for another prize or exchanged, in whole or in part, for money, unless otherwise agreed to by the Sponsor. If components/portions of the Prizes are not used, no compensation therefor will be provided to the Winner and/or to his/her guests. Sponsor reserves the right to substitute a prize of equivalent or greater monetary value if Sponsor is unable to award any Prize as described. Sponsor disclaims any warranty, representation or guarantee express or implied by fact or in law relative to any Prize, including but not limited to its quality and condition, except where prohibited by law. Any other costs or expenses associated with a Prize but not specifically described above will be the responsibility of selected winners and/or guests.

 

6. SELECTION. 

On November 18, November 25 and December 2, 2015 at the Sponsor’s offices located at 9200 Côte-de-Liesse, Lachine (Quebec) H8T 1A1 around 14:00:00 ET, Entries will be selected at random from all eligible Entries received prior to the applicable weekly draw as eligible to win a Prize. Limit: one (1) Weekly Prize per person during the Contest Period. Odds of winning a Weekly Prize depend on the total of eligible Entries received prior to the applicable weekly draw. Odds of winning the Final Grand Prize depend on the total number of eligible Entries received during the Contest Period (including winning Entries for the Weekly Prizes, which will be reconsidered for this draw).

 

ELIGIBLE ENTRIES

DRAWS

 

Entries submitted from Nov. 11, 2015 at 00:00:01 ET until Nov. 18, 2015 12:00 (noon) ET

 

 

Nov. 18, 2015 14:00:00 ET

 

1)     the Beauty Set will be awarded first; and

2)     the Marie-Mai VIP Package will be awarded afterwards.

 

 

Entries submitted from Nov. 11, 2015 at 00:00:01 ET until Nov. 25, 2015 12:00 (noon) ET

 

 

Nov. 25, 2015 14:00:00 ET

 

1)     the Beauty Set will be awarded first; and

2)     the Marie-Mai VIP Package will be awarded afterwards.

 

 

Entries submitted from Nov. 11, 2015 at 00:00:01 ET until Dec. 2, 2015 12:00 (noon) ET

 

 

Dec. 2, 2015 14:00:00 ET

 

1)     the Beauty Sets will be awarded first; and

2)     the Marie-Mai VIP Package will be awarded afterwards.

 

Eligible Entries received during the Contest Period (including winning Entries for the Weekly Prizes, which will be reconsidered for this draw)

Dec. 9, 2015 14:00:00 ET

 

Final Grand Prize draw.

 

 

 

7. NOTIFICATION AND PRIZE CLAIM CONDITIONS.

 

The potential winner of a Prize will be notified in the comment field associated with the Entry on Instagram or Twitter within two (2) days of a draw. By entering the Contest using Instagram or Twitter, entrant consents to notification by Sponsor in this manner. The selected entrant will have three (3) days following the notification to contact the Sponsor to claim his/her Prize.

 

In the event that, for any reason, Sponsor cannot contact the selected entrant within a three (3) days period following the notification, the selected entrant will be disqualified and Sponsor may, at its discretion, proceed to a new drawing amongst all eligible Entries received to identify another potential winner who will be subject to disqualification in the same manner. Sponsor will arrange for delivery of the Prizes by mail.

 

To be declared a winner, the selected entrant must: (i) respond to selection notification within the time period described herein; (ii) correctly answer, without assistance of any kind, whether mechanical or otherwise, a time-limited mathematical skill-testing question administered at a mutually agreeable time by telephone; and (iii) otherwise comply with these Rules. In addition, to claim the Weekly Grand Prize and the Final Grand Prize, the selected entrant (or if a Minor, Minor’s parent or legal guardian) must complete and sign a declaration and release of liability (the “Form”) which Sponsor will send by mail, courier, fax or email and which the selected entrant must return duly completed and signed within seven (7) days of receipt thereof. The guests who shall accompany a winner of the Weekly Grand Prize and the Final Grand Prize (or if a Minor, Minor’s parent or legal guardian) shall also sign a Form.

 

If a selected entrant fails to: (i) correctly answer the skill-testing question, (ii) provide the Forms signed by the selected entrant (or if a Minor, Minor’s parent or legal guardian) and his/her guest within the prescribed deadline, or (iii) otherwise comply with these Rules, the Prize will be forfeited and may be awarded to an alternate entrant, who will be subject to disqualification in the same manner.

 

 

8. LIMITATION OF LIABILITY AND RELEASE. All Contest entrants agree to release and hold harmless Sponsor, Instragram and Twitter, their respective affiliates or related companies, advertising agencies, licensees, franchisees, partners, retailers, distributers and any other interveners related to the Contest and each of their respective officers, directors, shareholders, employees, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all claims, cause of action, or liability, including, without limitation, any injury, death or damage to or loss of property, resulting from the Contest, including but not limited to, the entry process or participation in the Contest or acceptance, use or misuse of any Prize.

 

Without limiting the generality of the foregoing, the Releasees shall not be liable for any: (1) incorrect or inaccurate information, whether caused by entrants; or an error related to the programming of the Contest; (2) technical failures of any kind, such as in particular, hardware or software errors; faulty computer; any malfunctions, inaccessibility of the Contest website in whole or in part for any reason; service interruptions or disconnections of wireless or Internet networks, telephone lines; garbled, jumbled or faulty data transmissions; failure of any online transmissions to be sent or received; (3) unauthorized human intervention at any stage of the Contest entry process or participation; (4) technical or human errors which may occur in the administration of the Contest or in the processing of Entries; or (5) any harm or prejudice suffered by persons, or any material damages resulting from participation in the Contest or acceptance, use, implementation or misuse of any Prize. If for any reason, it is confirmed that an entrant’s Entry was deleted, lost, or otherwise destroyed or corrupted by error, the only remedy, which the entrant is entitled to, is requesting to obtain another Entry to the Contest, if possible.

 

The Contest is in no way sponsored, endorsed or administered by, associated with Instagram and Twitter.

 

9. PRIVACY. Sponsor and its authorized agents will collect, use, and disclose the personal information you provide at the time of Entry to the Contest for the purposes of administering the Contest and Prize fulfillment. Winners consent to the Sponsor’s use of their names, photographs, cities, voices, images and/or statements, related to their Prize for publicity purposes in any manner or media including the internet, at any time, in perpetuity, without compensation.

 

The opportunity to receive other communications about Sponsor’s products, contests and other promotional offers may be provided by Sponsor.

 

Please refer to our privacy policy for more information about how we manage your personal information: http://www.annabelle.com/en_ca/privacy-statement/.

 

10. RIGHT TO MODIFY/SUSPEND/TERMINATE. If, for any reason, at Sponsor’s sole discretion, the Contest is not capable of running as planned, Sponsor reserves the right, subject to the approval of the Régie des alcools, des courses et des jeux (the “Régie”) with respect to residents of Quebec, to cancel, terminate, modify or suspend this Contest, in whole or in part, without notice or obligation.

 

Without limiting the generality of the foregoing, if the Contest, or any part thereof, is impaired in any way for any reason or is not capable of running as planned for any reason, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, programming errors, or technical failures, which, in the sole opinion of Sponsor, corrupt or affect the operation, administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, and subject only to the approval of the Régie in Quebec for the residents of Quebec, void any Entry and: (a) terminate the Contest, or any portion thereof; (b) modify or suspend the Contest, or any portion thereof, to address the impairment and then resume the Contest, or relevant portion, in a manner that best conforms to the spirit of these Rules; and/or (c) award the Prizes from among the eligible Entries in accordance with a fair and adequate selection.

 

11. GENERAL CONDITIONS. Sponsor reserves the right, in its sole discretion, to disqualify from this Contest any person which Sponsor deems or becomes aware has tampered with the entry process or the operation of the Contest or the Contest website/platform/application, who does not comply with these Rules or acts in a manner that goes against the spirit of the Contest or adversely or with the intent to disturb, insult, threaten, intimidate or harass any other person. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER PERSON TO DELIBERATELY DAMAGE THE CONTEST WEBSITE/PLATFORM/APPLICATION (OR A SITE LINKED THERETO) OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.

 

All decisions rendered by the Sponsor are final and without appeal. The Contest is subject to all applicable federal, provincial and municipal laws. The invalidity or unenforceability of any provision of these Rules shall not affect the validity or enforceability of any other provision contained herein. If any provision of these Rules is determined to be invalid or otherwise unenforceable, then the Rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein. The paragraph headings are used for reference purposes only and shall not affect the interpretation of the Rules.

 

12. QUEBEC. Any litigation respecting the conduct or organization of a publicity contest may be submitted to the Régie for a ruling. Any litigation respecting the awarding of a prize may be submitted to the Régie only for the purpose of helping the parties reach a settlement.