Obagi, Inc. “Ambassador 2013”
The Obagi “Ambassador 2013” Contest/Sweepstakes (“Contest”) is intended for legal residents of the United States of America and D.C. only and shall only be construed and evaluated according to the laws of the State of Texas
SPONSOR/ADMINISTRATOR: The Contest is sponsored by OMP, Inc., 3760 Kilroy Airport Way, Suite 500, Long Beach, CA 90806 (the “Sponsor”) and administered by American Sweepstakes & Promotion Company, 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).
Eligibility: To enter, you must be a permanent, legal resident of the 50 United States or the District of Columbia, who is physically located and residing therein, and you must have the age of majority in your state of residence at the time of Entry. Employees, officers, directors, and representatives of the Sponsor, the Administrator, and any other person or entity associated with the Contest, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, agents, suppliers, subsidiaries, retailers, advertising/promotion agencies, successors and assigns (collectively, “Released Parties”) and members of the Released Parties’ immediate families (parents, siblings, children and spouse, regardless of where they reside) and household members of each Released Party (whether or not related) are not eligible to participate in this Contest. Your eligibility to win a prize (as defined below) is contingent upon fulfilling all requirements set forth herein and abiding by these Official Rules. All U.S. federal, state and local laws and regulations apply. This Contest is void outside of the United States and the District of Colombia and in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where otherwise prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES: By participating, those who enter the Contest (“Entrants”) agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: The Submission Period of the Contest will begin at 12:00:01 a.m. Eastern Time (“ET”) on August 13, 2012 and end at 11:59:59 p.m. ET on September 3, 2012 (“Submission Period”). The Sponsor’s database clock is the official time-keeping device for the Contest. If you are eligible to enter the Contest, you may do so by visiting http://www.obagi.com/ambassadorsearch (the “Website”). At the Website, follow the links and directions to complete the Contest registration form. The Contest registration form will require you to provide the following information: your full name, complete mailing address, birthdate, gender, telephone number, and personal email address (collectively, “Entry Information”). The Entry Information must be that of the individual who completed the act of physically entering the Contest. All Entry Information must be complete, valid, and accurate to enter and to be eligible to win. Incomplete Entries will automatically be disqualified.
After registration, submit/upload a story (not to exceed 150 words in length) and/or video which explain you will make a good Obagi Ambassador (the “Theme”). Submitting a Theme-applicable story and/or video is a mandatory part of Entry. Upon completing the registration form and submission of a Theme-applicable story and/or video, you will receive one (1) Contest Entry (the “Entry”) and one (1) Sweepstakes Entry (the “Entry”) into SWEEPSTAKES #1 (“SWEEPSTAKES #1”). All Entries must be received by 11:59:59 p.m. ET on September 3, 2012.
ENTRY REQUIREMENTS: If an Entrant submits a story or video that is not Theme-related, in the Sponsor’s sole discretion, the Entry will be disqualified. The Entrant is responsible for all costs associated with uploading a video. In the event that more than one of exactly the same story or video is submitted, only the first submission received shall be accepted.
Once submitted, an Entry cannot be deleted, canceled or modified. In order to be eligible, Entries must actually be received by Sponsor during the Submission Period. Entries received by Sponsor before the start of the Submission Period or after the end of the Submission Period will be discarded and deemed VOID. Proof of submitting a Contest Entry form online will not be deemed by Sponsor to constitute proof of actual receipt by Sponsor of an Entry for purposes of this Contest. Those who do not follow all of the instructions, do not provide the required information in their Entry form, or do not abide by these Official Rules or other instructions of Sponsor will be disqualified. All Entries become property of Sponsor and will not be returned or acknowledged. Entries made by any other individual or any entity, and/or using any e-mail address other than the Entrant’s or any other website, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified.
Entrants represent and warrant that their Entry is the original work of the Entrant, has not been previously published, has not won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. If the Entry contains any material or elements that are not owned by the Entrant or provided by the Sponsor, and/or are subject to the rights of third parties, the Entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness releases for any person who appears in or is identifiable in the Entry (collectively, the “Clearances”). By submitting an Entry, Entrant warrants and represents that he or she consents to the submission and use of the Entry in the Contest.
Entries may not contain any image or depiction of the following: (i) materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has obtained owner’s written permission to use (Sponsor’s discretion); (ii) materials bearing profanities, or bearing the name or likeness of any celebrity, living or dead; (iii) materials which contain visible identifiable or potentially identifiable information, including but not limited to, phone numbers, website links, street addresses, e-mail addresses or license plate numbers; (iv) inappropriate behavior for a general audience; (v) any depiction of real or simulated sexual acts; (vi) violence in any form; (vi) materials which violate anyone’s reasonable privacy expectations, violate any known agreement, or which are defamatory in nature; (viii) materials which are derogatory to Sponsor, or any affiliated entity or person; (ix) materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; (x) materials in which any person identifiably appears unless Entrant has obtained an appropriate written release from such person granting all rights required herein; and, (xi) materials which do not comply with all other requirements in these Official Rules. Entries that do not conform to these guidelines will be disqualified. Sponsor reserves the right to reject or disqualify any Entry which Sponsor, in its sole and absolute discretion, determines to be inconsistent with the letter or spirit of the Official Rules or potentially damaging to its, the Contest’s, or another’s image or reputation.
GENERAL CONDITIONS: If for any reason the operation or administration of this Contest is impaired or incapable of running as planned for any reason, including but not limited to: (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the Entry process, and to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice and award the applicable prizes using all non-suspect eligible Entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the Entry process or the operation of the Contest or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning Entry will be declared by the authorized account holder of the e-mail address submitted at time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Contest, Entrants agree to release and hold harmless the Released Parties from and against any claim or cause of action arising out of participation in the Contest or receipt or use of any prize, including, but not limited to: (a) any technical errors that may prevent an Entrant from submitting an Entry; (b) unauthorized human intervention in the Contest; (c) printing errors; (d) errors in the administration of the Contest or the processing of Entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Contest or receipt of any prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, Entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or Entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to the Entrant’s or any other person’s computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
CONTEST WINNER DETERMINATION/NOTIFICATION: Following the conclusion of the Submission Period, each Entry will be reviewed by a qualified judge or panel of judges appointed by the Sponsor (the “Judging Period”). The Judging Period of the Contest will begin at 12:00:01 a.m. ET on September 4, 2012 and end at 11:59:59 p.m. ET on September 10, 2012. Each story and/or video will be judged based on the clear relationship between the submission and the following criteria: Creativity of the overall Entry (50%) Brand Awareness and Representation (50%). Based on the judges scoring in accordance with the aforementioned criteria, the Sponsor will select twelve (12) Contest Finalists (“Contest Finalists”). All decisions of the Sponsor (and appointed judge(s)) are final and binding.
The Public Voting Period of the Contest will begin at 12:00:01 a.m. ET on October 25, 2012 and end at 11:59:59 p.m. ET on November 8, 2012 (the “Public Voting Period”). The Contest Finalists will be posted on the Website during the Public Voting Period and made available for voting. During the Public Voting Period, the general public will be invited to visit the Website, complete a voter registration (SWEEPSTAKES #2) form, and vote for their favorite/most deserving Finalist. Upon completing the voter registration form and voting for your favorite Contest Finalist, the Entrant will receive one (1) Sweepstakes Entry (the “Entry”) into SWEEPSTAKES #2 (“SWEEPSTAKES #2”). Limit one (1) vote per person per day. Sponsor reserves the right, at its sole discretion, to disqualify any vote(s)/voter(s) deemed to be (a) tampering or attempting to tamper with the Voting process; (b) submitting more than the maximum number of votes allowed per day; or (c) violating these Official Rules in any way. The six (6) Contest Finalists with the highest number of votes (respectively) at the end of the Public Voting Period will be considered the potential Contest Grand Prize winners. Regardless of the results of the Voting Period, final Winner Determination is subject to the Sponsor’s approval.
CONTEST GRAND PRIZES: There will be six (6) Grand Prizes awarded following the conclusion of the Contest. Each Grand Prize winner, upon proper verification, will receive $2,000 worth of Obagi products to be fulfilled at a local participating approved Obagi vendor. Each Grand Prize has an Approximate Retail Value (“ARV”) of $2,000.00. Total Contest Prize Pool - $12,000. All other expenses not specifically mentioned herein are the responsibility of the Grand Prize winners. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. The Grand Prize winners must note that the value of the accepted prize is taxable as income and an IRS Form 1099 will be filed in the name of the winner for the value of the prize and the winners are solely responsible for all matters relating to the prize after it is awarded. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available.
THE POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR OR ADMINISTRATOR, WHO’S DECISIONS ARE FINAL AND BINDING ON ALL MATTERS RELATED TO THE CONTEST. Each Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. A faxed copy shall have the same force and effect as the original, executed version of same. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, if a potential winner fails to return requisite document within the specified time period, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue.
SWEEPSTAKES #1 & #2 WINNER DETERMINATION/NOTIFICATION: The SWEEPSTAKES #1 First Prize winners will be randomly selected from among all eligible entries received during the Submission Period. The First Prize drawing will be conducted on or about September 10, 2012, by the Administrator, whose decisions are final and binding in all matters relating to this Sweepstakes. The potential First Prize winners will be notified by e-mail, USPS mail, or other home delivery service of the Sponsor’s choice.
The SWEEPSTAKES #2 Second Prize winners will be randomly selected from among all eligible entries received during the Public Voting Period. The Second Prize drawing will be conducted on or about November 15, 2012, by the Administrator, whose decisions are final and binding in all matters relating to this Sweepstakes. The potential Second Prize winners will be notified by e-mail, USPS mail, or other home delivery service of the Sponsor’s choice.
SWEEPSTAKES #1 FIRST PRIZES: There will be fifty (50) First Prizes awarded following the conclusion of the Submission Period. Each First Prize winner will receive ELASTIderm Eye Complete Complex Serum. Each Sweepstakes First Prize has an ARV of $99.00. Total Sweepstakes Prize Pool - $4,950. All other expenses not specifically mentioned herein are the responsibility of the First Prize winners. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue.
SWEEPSTAKES #2 SECOND PRIZES: There will be one hundred (100) Second Prizes awarded following the conclusion of the Public Voting Period. Each Second Prize winner will receive a newly released Obagi Product. Each Sweepstakes Second Prize has an ARV of $45.00. Total Sweepstakes #2 Prize Pool - $4,500. All other expenses not specifically mentioned herein are the responsibility of the Second Prize winners. If actual value of prize is lower than the stated ARV when prize is procured and fulfilled, then the difference will not be awarded. No substitution or transfer of prize will be permitted. The Sponsor reserves the right at its sole discretion to substitute the prize with another prize of equal or greater value in the event that the aforementioned prize is not available. If a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if a potential winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue.
ADDITIONAL PRIZE CONDITIONS: By accepting the a prize, where permitted by law, a prize winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the prize winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Contest or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of a prize. The prize winners also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize.
DISPUTES: Except where prohibited, you agree that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, your rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
WINNERS LIST REQUEST: To request the name of the prize winners (available after November 15, 2012), please send a self-addressed, stamped business size envelope, by January 15, 2013, to: ASC/OMP “Ambassador 2013” Contest/Sweepstakes Winners List Request, 300 State St. Suite 402, Rochester, NY 14614.
This Contest may not be published elsewhere without written permission from Sponsor, which may be withheld or granted in Sponsor’s sole discretion.