L’OCCITANE TRIP TO PROVENCE SWEEPSTAKES
NO PURCHASE NECESSARY.
A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE
ENTRIES RECEIVED DURING THE ENTRY PERIOD.
VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED BY LAW.
PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING THIS SWEEPSTAKES. DO NOT ENTER THE SWEEPSTAKES IF YOU HAVE NOT READ OR DO NOT AGREE TO OFFICIAL RULES.
THESE OFFICIAL RULES AFFECT YOUR LEGAL RIGHTS BY REQUIRING BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY. IF YOU DO NOT AGREE TO ARBITRATE YOUR CLAIMS AGAINST SPONSOR, DO NOT ENTER THE SWEEPSTAKES. BY ENTERING THE SWEEPSTAKES, YOU AGREE ALL CLAIMS OR DISPUTES BETWEEN US THAT ARISE OUT OF OR RELATE TO THE SWEEPSTAKES OR YOUR PARTICIPATION MUST BE RESOLVED THROUGH MANDATORY, BINDING ARBITRATION, RATHER THAN LITIGATION IN COURT. YOUR ENTRY INTO THE SWEEPSTAKES SIGNIFIES YOUR AGREEMENT TO THESE OFFICIAL RULES.
1. Eligibility. Eligible participants must:
(a) be legal residents of the United States and the District of Columbia (residents of Puerto Rico and all other U.S. territories and possessions are expressly excluded from participation in the Sweepstakes); and
(b) have reached the age of majority in their state of residence and be at least eighteen (18) years old as of the date of entry.
The following are ineligible: Employees, officers and directors of L’OCCITANE (“Sponsor”) and each of their parent and affiliated companies, suppliers as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee, officer, or director, and each of their participating vendors, distributors, prize providers, advertising and promotion agencies and affiliated entities. THE SWEEPSTAKES IS VOID OUTSIDE THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA, IN PUERTO RICO AND ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sweepstakes Entry Period and Timing. The L’OCCITANE Trip to Provence Sweepstakes (“Sweepstakes”) begins on August 12th, 2016 at 6:00:01 a.m. Eastern Time ("ET") and ends on October 25th, 2016 at 11:59:59 p.m. ET (the “Sweepstakes Period”). Sponsor's computer is the official time-keeping device for the Sweepstakes. Entrants are responsible for determining the correct beginning and ending times of the Sweepstakes Period in their respective time zones. Sponsor is not responsible for late or misdirected entries. By entering, entrants accept and agree to be bound by these Official Rules and to the decisions of the Sponsor, which will be final and binding in all respects.
3. How to Enter. Eligible persons first must register for the L’OCCITANE VIP Program and opt-in to receive L’Occitane’s email newsletter and other promotional emails from L’Occitane. After registering for the L’OCCITANE VIP Program or if already a L’OCCITANE VIP, eligible persons can enter the Sweepstakes via the Promotion page http://usa.loccitane.com/win-a-trip-to-provence,82,1,70235,947278.htm on the L’OCCITANE website ("Website"), by completing and submitting the online entry form ("Online Entry").
One Online Entry per person and/or per email address, regardless of whether one person has more than one email address or more than one person uses the same email address. In the event of a dispute regarding who submitted an Online Entry, the entry will be deemed submitted by the authorized account holder of the email address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. A selected entrant may be required to provide Sponsor with proof that he or she is the authorized account holder of the email address associated with the selected entry.
All entries must meet the eligibility requirements described in Section 1. All entries must also be submitted and received during the Entry Period. Sponsor may not receive entries that fail to follow the requirements stated herein, and Sponsor is not responsible for failure to see or receive an entry. Entries will not be acknowledged. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Proof of uploading an entry does not constitute proof of delivery or entry.
4. Prize Winner Selection: One potential prize winning entry (“Potential Winner”) will be selected from among all eligible entries in a random drawing conducted by Sponsor or its designated representative on or about November 1, 2016.
Odds of winning a prize depend on the number of eligible entries received during the Entry Period.
5. Prize. The “Prize” consists of A Trip to Provence, including round-trip, coach class air transportation for two from a major airport nearest the Prize Winner's home within the U.S. to the Marseille airport in France; hotel accommodations in one room for 3 nights in Provence (2 nights at Couvent des Minimes, 1 night in Marseille); transportation during the stay in Provence with private driver, 1-hour spa treatment/person at the Couvent des Minimes Spa; all meals; a ride in the L’Occitane hot air balloon (subject to weather); tours of the L’OCCITANE factory and brand museum and VIP discount in the L’OCCITANE shop. (Approximate retail value (“ARV”): $3,000). Actual value of the Prize may vary based on airfare fluctuations and distance between departure and destination. Prize Winner will not receive the difference between actual value and ARV. Odds of winning the Prize depend upon the number of eligible entries received during the Entry Period. Trip must be booked with Sponsor’s agent at least sixty (60) days prior to departure. Travel is subject to availability and blackout dates. Travel must be round-trip. Sponsor will determine airline, and flight itinerary in its sole discretion. No refund or compensation will be made by Sponsor in the event of a cancellation or delay of any flight. Once the travel schedule has been arranged, it cannot be altered, and failure of Prize Winner and guest to follow such schedule shall not obligate Sponsor in any way to provide the Prize Winner with alternate arrangements. Travel is subject to the terms and conditions set forth in these Official Rules for this Sweepstakes, and those set forth by the Sponsor’s airline carrier, as detailed in the passenger ticket contracts. All expenses and incidental travel costs not expressly stated in the Prize package described above are the sole responsibility of the Prize Winner, including but not limited to, transportation to or from the U.S. airport location and transfers in the U.S., meals other than those in Provence, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, wifi or phone charges, security fees, taxes, gratuities, bar, and beverage charges or items of a personal nature, or any charges not specifically stated as covered herein. Prize Winner’s travel companion must be at least twenty-one (21) years of age or older as of the date of departure. If Prize Winner’s travel companion is under twenty-one (21) years of age, the Prize Winner must be the travel companion’s parent/legal guardian. Travel companion must travel on same itinerary and at the same time as the Prize Winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Prize Winner and travel companion are solely responsible for obtaining valid passports and any other documents necessary for international travel. Prize Winner may be required to present valid credit card or other documentation for hotel check-in. Prize Winner and travel companion are solely responsible for their own conduct while accepting the Prize and agree to comply with all applicable laws and regulations pertaining to use and enjoyment of the Prize, including, but not limited to, consumption of alcoholic beverages. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. The Prize Winner understands and agrees that Sponsor has the right, at its sole discretion, to disqualify and remove the Prize Winner and his or her travel companion from any activity at any time without compensation if the Prize Winner or his or her travel companion’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sponsor, or otherwise violates the policies of the Sponsor, and in such a case, Prize Winner will forfeit any remaining portion of the Prize and still be solely responsible for all taxes and other expenses related to the Prize. All federal, state and/or local income and other taxes, if any, including any taxes or fees imposed by international authorities, are the Prize Winner’s sole responsibility.
TRIP offer is valid October 11 - October 31, 2016 US only. Valid with any $50 purchase. Limit one per customer. Offer not valid in L’OCCITANE boutiques, outlets, or in Wholesale partners. Valid online only. Not combinable with sale items. Not combinable with any other gift offer. Cannot be combined with any other offer, coupon or discount except free shipping. One coupon per customer. No reissue or reimbursement for lost or void voucher. No cash value. No cash back. Not applicable to prior purchases, gift cards, shipping fees or taxes. By redeeming the offer, you agree to be bound by these terms and conditions. Offer valid while supplies last. Use Code TRIP.
*Free Standard Shipping on any purchase valid October 11, 2016 - October 31, 2016 with code TRIP. Valid US Only. Limit one order per customer. Free shipping offer excludes items $5 and less. Excludes AK, HI & PR.
6. Prize Notification and Prize Documents. The Potential Winner will be contacted by email, phone or mail on or about two (2) business days after the random drawing using the contact information given at the time of entry in order to verify and confirm Potential Winner’s eligibility. Before confirmed as Prize Winner, Potential Winner may be required to sign an affidavit of eligibility ("Affidavit"), a liability and publicity release (“Release”) and complete an IRS W-9 form (collectively, “Prize Documents”). The Release shall grant Sponsor the right, at the Sponsor's discretion, to use for any advertising and promotional purposes relating to the Sweepstakes the Potential Winner’s name, likeness, voice, signature, silhouette, approved quotes and biographical information, city and state of residence and any material based thereon or derived therefrom (collectively, “Likeness Materials”), , including images, videos and social media posts depicting Prize Winner’s enjoyment of the Prize in any media now known or hereafter devised, without further notice, compensation, consideration, review or consent and without regard to moral rights, except where prohibited by law. The Potential Winner must sign and return the Prize Documents to Sponsor within ten (10) business days from the date of notification or the Prize will be forfeited and awarded to an alternate winner selected at random. Once the Potential Winner's eligibility is verified, he/she will be confirmed as the Prize Winner. Arrangements for redeeming the Prize will be sent to the Prize Winner within thirty (30) days from the date the Prize Winner is confirmed. If a prize notification or a prize is returned as undeliverable for any reason, the Prize may be forfeited, and the Sponsor reserves the right to select an alternate potential winner, time permitting and in Sponsor’s sole discretion, with whom the Sponsor will follow the same process. In the event that the Prize Winner is disqualified for any reason or fails to respond to the prize notification, Sponsor will award the Prize to an alternate winner by random drawing from among all remaining eligible entries.
7. Entrant Conduct. This Sweepstakes is subject to all federal, state, and local laws/regulations. Failure to comply with these Official Rules may result in disqualification. Sponsor reserves the right at its sole discretion to disqualify any individual suspected of tampering with the entry process or the operation of the Sweepstakes; or to be acting in any manner deemed by Sponsor to be in violation of the Official Rules; or to be acting in any manner deemed by Sponsor to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Indemnity. To the maximum extent permitted by law, each entrant indemnifies Sponsor at all times from and against any and all liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the entrant and/or a breach of any warranty by entrant set forth herein. To the maximum extent permitted by law, each entrant agrees to defend, indemnify and hold harmless Sponsor from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from (i) entrant’s entry or other material submitted by the entrant; (ii) any misrepresentation made by the entrant in connection with the Sweepstakes; or (iii) any non-compliance by the entrant with these Official Rules.
9. General Terms. By participating in the Sweepstakes, entrants agree, to the fullest extent of the law, to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, as well as each such company’s directors, officers, employees, and agents from any and all liability whatsoever in connection with this Sweepstakes and use of the Likeness Materials, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”).
Sponsor assumes no responsibility or liability for the following: (i) technical malfunctions that may occur; (ii) any incorrect or inaccurate information, any of the equipment or programming associated with or utilized in the Sweepstakes, or any technical or human error which may occur in connection with the Sweepstakes; (iii) any injury or damage to entrants related to or resulting from participating in the Sweepstakes (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)); or (iv) inaccessibility or unavailability of the Internet or any combination thereof. If, for any reason, the Sweepstakes is not capable of running as planned, including because of, tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other cause beyond the control of Sponsor which may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes. Sponsor is not responsible for any typographical or other error in the offer or administration of this Sweepstakes, or in the announcement of Prize Winners and Prizes. Sponsor reserves the right to change these Official Rules at any time, with or without notice.
11. ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER: PLEASE READ THIS SECTION CAREFULLY — IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT OR CLASS ACTION IN COURT.
Any dispute or claim relating to this Sweepstakes, the Official Rules or any prize awarded (“Claim”), that is not informally resolved within fifteen (15) days of Sponsor’s receipt of written notice, shall be finally resolved by arbitration in the claimant’s state of residence. The arbitration will be administered by the AAA under its AAA Rules, will be conducted in English and by a single arbitrator, and any court with jurisdiction may enter judgment regarding the arbitrator’s award.
Sponsor will bear the cost of any arbitration filing fees and arbitration fees for claims of up to Five Thousand US Dollars ($5,000 USD), unless the arbitrator determines that the arbitration is frivolous. You are responsible for any other costs that you may incur in the arbitration, including, attorney fees and expert witness costs, unless Sponsor otherwise is required to pay such costs under applicable law. You may pursue your claim in small claims court where jurisdiction and venue over Sponsor is proper if your claim otherwise qualifies for such court and you do not seek any equitable relief.
THE ARBITRATION OF CLAIMS SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS PROMOTION IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES. BY PARTICIPATING IN THE PROMOTION, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) 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 THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY); (3) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
If any court or arbitrator determines that this class action waiver is void or unenforceable or that arbitration may proceed on a class basis, then the relevant claim will not be subject to arbitration and must be litigated in federal court located in New York, New York, without regard to any principles of conflict of laws.
The agreement to arbitrate and class action waiver also apply to any Claims you assert against the Sponsor or its present or future parent, subsidiary or affiliated companies.
12. Winner’s List. For a list of Prize Winners, mail a self-addressed stamped envelope to: L’OCCITANE Trip to Provence Sweepstakes, c/o L’OCCITANE, INC., 1430 Broadway - 2nd Floor, New York, NY 10018. Requests must be received by November 15, 2016.
13. Sponsor. L’OCCITANE INC., 1430 Broadway - 2nd Floor, New York, NY 10018. Please direct any questions or comments regarding this Sweepstakes to Sponsor.