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SHOW OFF YOUR POUT ANNABELLE - CONTEST

OFFICIAL RULES (the « Rules »)

NO PURCHASE NECESSARY TO ENTER

  1. 1.  CONTEST PERIOD AND SPONSOR

“SHOW OFF YOUR POUT - CONTEST” (the “Contest”) is sponsored by Groupe Marcelle Inc. (“Sponsor”). The Contest begins on February 8th, 2015 at 00:00:01 AM Eastern Time (“ET”) and ends on March 9th, 2015 at 23:59:59 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.

  1. 2.  ELIGIBILITY

The Contest is open to all legal residents of Canada, who are fourteen (14) years of age or more at the time of entry. The following persons cannot participate in the Contest: officers, directors, shareholders, employees, agents and/or representatives of Sponsor or its related companies, advertising agencies, licensees, 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.

  1. 3.  HOW TO ENTER

NO PURCHASE NECESSARY. Internet access and a valid Instagram account required. Instagram feed must be viewable by the public No other means of submission will be accepted.

To enter the Contest, take a photo of yourself holding an Annabelle Lipsies Lip Balm and post it, during the Contest Period, on your Instagram account using the hashtag #AnnabelleLipsies (each an “Entry” and collectively, the “Entries”). The term “Entry” or “Entries” includes the photo/selfie. Your photo/selfie shall be compliant with section 4 of the present Rules. Your Entry must also comply with Instagram’s terms of use, located at http://instagram.com/legal/terms. By submitting your Entry, you are indicating that you have read and accepted these Rules.

Limit one Entry per person per day. The entrant must submit each Entry personally. Entrant may only use one (1) Instagram account in connection with this Contest. Subsequent Entries from the same person or Instagram account will not be accepted. Multiple entrants are not permitted to share the same instagram account.

Any attempt by any entrant to obtain more than the stated number of Entries will void that entrant’s Entries and that entrant may be disqualified within Sponsor’s sole discretion.

In the event of a dispute as to the identity of any person who submitted an Entry, the authorized account holder of the email address or the social media account used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address or social media account by an Internet access provider, online service provider or other organization responsible for assigning email addresses or social media accounts for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder.

  1. 4.  ENTRY & PHOTO

Your Entry must be your own work. 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 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.

  1. 5.  PRIZES

There are a total of thirty (30) daily-prizes available to be won, each consisting in one (1) package of twelve (12) shades of Annabelle Lipsies Lip Balm of an approximate retail value (“ARV”) of $59.40 CAD (each a “Daily Prize”, “Prize” and collectively, the “Daily Prizes” or “Prizes”). Total ARV of the Daily Prizes: $1,782 CAD.

Limit: One (1) Daily Prize per person per day.

Prizes and their components must be accepted as awarded and may not be transferred, substituted for another prize or exchanged, in whole or in part, for cash, except as otherwise decided by Sponsor. Sponsor reserves the right, in its sole discretion, to substitute a Prize or any of its components by another prize (or another component) of a comparable value or by the value of said Prize (or its component) in cash if it could not be awarded to the winner as described herein, for any reason whatsoever. Prizes cannot be assigned. No more than the stated number or value of prizes will be awarded. In the event that production, seeding, printing, digital or programming failure, or other reasons or any errors cause more than the stated number of prizes to be available and/or claimed, Sponsor reserves the right to award only the indicated number of prizes (if previously not awarded), by a random drawing among all legitimate eligible claimants of the prizes. Sponsor makes no representations or warranties with respect to any prize.

 

  1. 6.  SELECTION

Starting February 9, 2015 and ending March 10, 2015, on each day at noon ET at Sponsor’s offices located at 9200 Côte-de-Liesse, Lachine (Quebec), H8T 1A1, one (1) Entry will be selected at random from all eligible Entries received during the previous day as eligible to win one (1) Daily Prize. The number of Daily Prizes available to be won will diminish as awarded. Odds of winning a Daily Prize depend on the total number of eligible Entries received during the previous applicable day. Non-selected Entries will not be carried over to the next selection date.

 

Date and time of Daily Prize Draw

Number of entrants selected

Selected from Entries received between

February 9, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 8, 2015

February 10, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 9, 2015

February 11, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 10, 2015

February 12, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 11, 2015

February 13, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 12 2015

February 14, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 13, 2015

February 15, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 14, 2015

February 16, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 15, 2015

February 17, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 16, 2015

February 18, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 17, 2015

February 19, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 18, 2015

February 20, 2015 at noon ET

1

00:00:01 and 23:59:59 on -February 19, 2015

February 21, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 20, 2015

February 22, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 21, 2015

February 23, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 22, 2015

February 24, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 23, 2015

February 25, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 24, 2015

February 26, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 25, 2015

February 27, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 26, 2015

February 28, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 27, 2015

March 1, 2015 at noon ET

1

00:00:01 and 23:59:59 on February 28, 2015

March 2, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 1, 2015

March 3, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 2, 2015

March 4, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 3, 2015

March 5, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 4 2015

March 6, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 5, 2015

March 7, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 6, 2015

March 8, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 7, 2015

March 9, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 8, 2015

March 10, 2015 at noon ET

1

00:00:01 and 23:59:59 on March 9, 2015

 

  1. 7.  NOTIFICATION AND PRIZE CLAIM CONDITIONS

The potential winner will be notified by personal message on Instagram the day the random draw will be completed. By entering the Contest using Instagram, entrant consents to notification by Sponsor in this manner. In the event that, for any reason, Sponsor cannot contact a person selected within five (5) days period, Sponsor may, at its discretion, proceed to a new drawing amongst all eligible Entries received to identify another potential candidate.

To be declared a winner, each participant must have respected all the Rules herein and

the potential winner must correctly answer a time-limited mathematical skill-testing question, without assistance of any kind (whether mechanical or otherwise) administered at a mutually agreeable time by telephone, otherwise the prize will be forfeited.

  1. 8.  LIMITATION OF LIABILITY AND RELEASE

All Contest entrants agree to release and hold harmless Sponsor, its related companies, advertising agencies, licensees, 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 (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 participation in the Contest or acceptance, use or misuse of the prize.

Without limiting 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, any malfunctions, service interruptions or disconnections of Internet networks, telephone lines or computer hardware or software on a network; (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 the 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.

  1. 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 name, photograph, city, voice, image and/or statements related to their prize for publicity purposes in any manner or media or format, 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 at: http://www.annabelle.ca/en_ca/privacy-statement/ [NTD: Please confirm].

  1. 10.  RIGHT TO MODIFY/SUSPEND/TERMINATE:

Subject to prior obtain an authorization from the Régie des alcools, des courses et des jeux (the « Régie ») for the province of Quebec, Sponsor reserves the right to modify or terminate the Contest without notice or obligation to the participants, in the event of any fraud, error, fault, human intervention, technical failure or any other factor which affects the normal course, security or impartiality of the Contest in the manner stated in these Rules. Without limiting the generality of the foregoing, if the Contest, or any part thereof, 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 administration, security, fairness, integrity or proper conduct of this Contest, Sponsor may, in its sole discretion, void any suspect Entries 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 prize from among the eligible, non-suspect Entries received up to the time of the impairment in accordance with the winner selection criteria discussed above.

  1. 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 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 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.

  1. 12.  QUEBEC RESIDENTS ONLY: 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.