Erno Laszlo & White + Warren Girls Night In Inspired Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
The Erno Laszlo & White + Warren Girls Night In Inspired Sweepstakes (the “Promotion”) is sponsored by Erno Laszlo, Inc. (“Erno Laszlo”) and White + Warren [A Fine Gauge, Inc. DBA White + Warren.] (“White + Warren,” and together with Erno Laszlo, “Sponsor”). By entering the Promotion, you agree to comply with and be bound by the following Erno Laszlo & White + Warren Girls Night In Inspired Sweepstakes Official Rules (the “Official Rules”). Please review these Official Rules carefully. If you do not agree to these Official Rules in their entirety, you are not permitted to enter the Promotion. Participation in the Promotion constitutes your full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a Grand Prize (as defined below) is contingent upon fulfilling all requirements set forth herein. The Promotion is subject to all applicable federal, state and local laws and regulations.
By entering the Promotion, you agree to receive e-mail marketing messages from both Erno Laszlo and White + Warren, and their respective marketing partners. Except as contemplated in these Official Rules, personal information collected in connection with the Promotion will be used in accordance with the Sponsor Privacy Policy (“Privacy Policy”), as featured on the website located at www.dojomojo.ninja (the “Promotion Site”). See the Privacy Policy for further details. Participants wishing to obtain a copy of these Official Rules may request a printed copy of same by writing to: Erno Laszlo, Inc. 129 West 29th Street, 7th floor, New York, NY 10001, c/o Ecommerce Department.
1. Eligibility
The Promotion is open only to legal residents of the fifty (50) United States (including District of Columbia), living in the fifty (50) United States or the District of Columbia, who are twenty-one (21) years or older at the time of entry. Void in Guam, Puerto Rico, the U.S. Virgin Islands, any other U.S. territories and possessions and where otherwise prohibited by law. Employees of Erno Laszlo, White + Warren, Innovation Brands Corp. d/b/a DojoMojo (“Dojo Mojo”) or any of their respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible to enter the Promotion or win a Grand Prize (as defined below).
2. Sponsors
Erno Laszlo, Inc., 129 West 29th Street, 7th floor, New York, NY 10001.
White + Warren, [A Fine Gauge, Inc. DBA White + Warren. 80 West 40th Street, 3rd Floor, NY, NY 10018.].
3. Limited Time Only
The Promotion begins on October 16, 2017 at 12:00 a.m. Eastern Time (“ET”) and ends on November 19, 2017 at 11:59 p.m. ET (the “Promotion Period”). Sponsor is the official time keeper for this Promotion.
4. How to Enter
During the Promotion Period, entrants must go to the Promotion Site and completely fill out the online entry form by providing the required information and then submit the online form. In order to complete the online entry form, each contestant must include their: (a) email address; (b) first name; (c) last name; (c) date of birth; (d) state of residence; (e) zip code; and (f) any other information requested on the online entry form (collectively, “Registration Data”). Upon successful submission of all Registration Data by an entrant, that entrant shall receive one (1) entry in the Promotion (each, an “Entry”). Entrants must update their Registration Data, as necessary, to remain eligible to win a Grand Prize. Sponsor reserves the right to reject any Entry that it believes, in its sole and reasonable discretion, is fraudulent or is otherwise invalid. Limit one Entry per person, per email address during the Promotion Period. Any Entries submitted in excess of this limitation will be discarded. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the permitted number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other method, will void all of that participant’s Entries and that participant will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. SPONSOR IS NOT RESPONSIBLE FOR LOST, LATE, INCOMPLETE, INVALID, UNINTELLIGIBLE OR MISDIRECTED REGISTRATIONS, ENTRIES AND/OR NOTICES. IF YOU FAIL TO SUBMIT AN ENTRY FOR ANY REASON WHATSOEVER, YOU WILL NOT QUALIFY FOR A CHANCE TO WIN A GRAND PRIZE.
In the event of a dispute as to any Entry, the authorized account holder of the email address used to register will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. All entries become the sole and exclusive property of Sponsor and will not be returned. Sponsor reserves the right to contact entrants and all other individuals whose email address is submitted as part of the Promotion.
5. Identification of Entrants
Each Entry will be collected and stored in the Promotion Database. For purposes of these Official Rules, the “Promotion Database” is defined as the entire list of Entries that are collected during the Promotion Period. Sponsor will stop accepting Entries at the conclusion of the Promotion Period.
6. Winner Selection
On or about November 20, 2017, Sponsor will randomly select one (1) Entry from the Promotion Database for the Grand Prize described below in Section 8. The potential Grand Prize winner will be contacted using the email address provided with the Entry and may be awarded the Grand Prize (subject to verification of eligibility and compliance with the terms of these Official Rules). Sponsor’s decisions as to the administration and operation of the Promotion and the selection of potential Grand Prize winner are final and binding in all matters related to the Promotion. The potential Grand Prize winner will be notified by email within ten (10) business days of the end of the Promotion Period. Failure to respond to the initial verification e-mail within ten (10) days of notification or return of e-mail notification as undeliverable after three (3) attempts will result in disqualification, and an alternate potential Grand Prize winner will be selected by Dojo Mojo.
7. Verification of Potential Grand Prize Winner
THE POTENTIAL GRAND PRIZE WINNER SHALL BE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. The potential Grand Prize winner must continue to comply with all terms and conditions of these Official Rules, and receipt of the Grand Prize is contingent upon fulfilling all requirements set forth herein. The potential Grand Prize winner will be notified by email, after the date of random drawing. The potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her Grand Prize if applicable. The potential Grand Prize winner will be required to provide picture proof of identification, which may include a driver’s license, passport, voting card or similar government issued identification. If a potential Grand Prize winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), fails to produce the requisite picture proof of identification or if the Grand Prize or Grand Prize notification is returned as undeliverable, the potential Grand Prize winner shall forfeit the Grand Prize. In the event that a potential Grand Prize winner of is disqualified for any reason, an alternate potential Grand Prize winner will be selected by Dojo Mojo.
8. Grand Prize
(a) Grand Prize Description. One (1) Grand Prize winner will receive: (i) Two Thousand and Twenty Dollars ($2,020.00) worth of White + Warren merchandise, including: (A) two (2) White + Warren luxe cashmere Robes; (B) two (2) White + Warren cashmere Eye Masks; (C) two (2) White + Warren cashmere Slider Slippers; (D) two (2) White + Warren cashmere Lounge Pants; (ii) One Thousand Five Hundred and Twenty-Six Dollars ($1,526.00) worth of Erno Laszlo merchandise including: (A) two (2) Erno Laszlo Sensitive Travel Size Double Cleanse sets; (B) Erno Laszlo Hydra-Therapy Memory Sleep Mask; (C) Erno Laszlo White Marble Dual Phase C Peel; (D) Erno Laszlo Antioxidant Complex for Eyes; (E) Erno Laszlo Phelityl Night Cream; (F) two (2) Erno Laszlo Hydraphel Skin Supplements; (G) two (2) Erno Laszlo Timeless Skin Serum; and (H) Erno Laszlo Sensitive Hydrogel Mask 4-Pack; and (iii) one (1) Two Hundred Dollar ($200) Visa® Gift Card (collectively, the “Grand Prize”).
The Visa Gift Cards are made available and serviced by Visa USA. The Visa Gift Cards remain subject to separate restrictions, terms and conditions. The “Visa” name and logo are registered trademarks of Visa USA. Visa USA does not sponsor or endorse and is not affiliated in any way with the Promotion.
(b) Grand Prize Terms, Conditions and Substitution. The Grand Prize is non-transferable and no substitution will be made except as provided herein, in the Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prize, or any portion thereof, for a substitute of equal or greater value for any reason. The approximate retail value (“ARV”) of the Grand Prize is Three Thousand Five Hundred and Forty-Six Dollars ($3,546.00). The Grand Prize winner will not receive the difference between the actual Grand Prize value and the ARV. The specifics of all aforementioned elements of the Grand Prize shall be determined by Sponsor in its sole and exclusive discretion. Some restrictions may apply.
(c) Taxes. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize winner. All federal, state and local taxes associated with the Grand Prize winner’s receipt of the Grand Prize are that Grand Prize winner’s responsibility. In connection with the foregoing, the Grand Prize winner will be issued a 1099-MISC tax form for the actual value of the Grand Prize.
9. Odds of Winning a Grand Prize
The odds of winning the Grand Prize depend on the number of validly submitted Entries received by Sponsor during the Promotion Period.
10. Severability
Should any part of these Official Rules be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect.
11. Dojo Mojo
Dojo Mojo is not involved in marketing the Promotion. Dojo Mojo is not the sponsor of the Promotion and will not respond to any inquiries. Dojo Mojo is solely responsible for the selection of the potential Grand Prize winner.
12. Entry Conditions and Release
By entering the Promotion, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or Dojo Mojo which are binding and final in all matters relating to this Promotion; (b) release and hold harmless the Sponsor and Dojo Mojo, and each of their respective parents, subsidiaries, and affiliated companies, the Grand Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Promotion and/or associated Grand Prize, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Promotion, acceptance or use or misuse of the Grand Prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Promotion and/or entrant’s acceptance, use or misuse of the Grand Prize.
13. Publicity
Except for residents of the State of Tennessee and where otherwise prohibited by law, participation in the Promotion constitutes the Grand Prize winner’s consent to use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state by Sponsor and its agents for promotional purposes in any media, worldwide, without further payment or consideration.
14. Cancellation/Disqualification
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Rules or any other promotion or in bad faith, or otherwise in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
15. Limitations of Liability
Any and all claims, judgments and awards associated with the Promotion, including the Grand Prize, shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, if any, but in no event attorneys’ fees. Under no circumstances will any entrant be permitted to obtain awards for, and each entrant hereby waives all rights to claim, punitive, incidental and/or consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to, malfunctions, interruptions or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Promotion or receipt or use or misuse of the Grand Prize. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, that entrant’s sole remedy is to receive another Entry in the Promotion, provided that if it is not possible to award another Entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for the Grand Prize offered herein. No more than the stated number of Grand Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of Grand Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Grand Prizes by a random drawing among all legitimate, unawarded, eligible Grand Prize claims.
16. Disputes
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. Should a dispute arise concerning the Promotion, the terms and conditions of these Official Rules or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in accordance with the then current Commercial Arbitration Rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found https://www.ernolaszlo.com/privacy-policy/. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute, you must submit your dispute for resolution by arbitration before the AAA as set forth above, or a reputable arbitration organization as mutually agreed upon by the parties, in your county of residence, by filing a separate Demand for Arbitration, which is also available https://www.ernolaszlo.com/privacy-policy/. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing contained herein shall be construed to preclude any party from: (i) seeking injunctive relief in order to protect its rights pending an outcome in arbitration; and/or (ii) pursuing the matter in small claims court rather than arbitration. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against Sponsor and/or its employees, officers, directors, members, representatives and/or assigns. You agree to the Entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that Sponsor incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (A) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (B) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you submit your Entry.
17. Entrant’s Personal Information
Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at https://www.ernolaszlo.com/privacy-policy/. To the extent that the Privacy Policy is in conflict or inconsistent with these Official Rules as they pertain to the Promotion, these Official Rules shall take precedence.
18. Winner’s List
For a list of the Grand Prize winner(s), please send a hand-printed, self-addressed, stamped envelope to Erno Laszlo, Inc., 129 West 29th Street, 7th floor, New York, NY 10001, c/o Ecommerce Department. Requests for the winner list must be received by January 31, 2018.