#OneGreenStep Earth Month Sweepstakes
- NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF ANY KIND DOES NOT INCREASE YOUR CHANCES OF WINNING.
- VOID IN RHODE ISLAND & WHERE PROHIBITED BY LAW.
- ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
- THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, TWITTER, OR TIKTOK.
BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
- ELIGIBILITY: The #OneGreenStep Earth Month Sweepstakes (“Sweepstakes”) is open only to individuals who are legal residents and physically located in one (1) of the forty-nine (49) United States or the District of Columbia (excluding Rhode Island and also Puerto Rico), and who are at least eighteen (18) years of age or older as of time/date of entry. Employees, officers and directors of Garnier USA, Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies (collectively with Sponsor and Administrator, the “Sweepstakes Parties”), their immediate family members and those living in the same household as such individuals (whether legally related or not) are not eligible to participate in the Sweepstakes or win a prize. For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not. By participating, you agree to these Official Rules and to the decisions of the Sponsor and Administrator, which are final and binding in all respects. Void in Rhode Island, Puerto Rico and where prohibited by law, rule or regulation. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.
- ENTRY PERIOD: The Sweepstakes begins on or about 9:00 a.m. Eastern Time (“ET”) on March 14, 2023 and all entries must be received by the Sponsor on or before 11:59 p.m. ET on May 4, 2023 (the “Entry Period”). The designated computer clock of the Administrator is the official time-keeping device in the Sweepstakes.
- HOW TO ENTER THE SWEEPSTAKES: There are three (3) methods of entry for this Sweepstakes, all subject to the content guidelines listed below, and you may enter as follows:
Twitter Method of Entry. To participate and enter this Sweepstakes via Twitter, individuals will need a Twitter account (“Twitter Account”). If you don’t already have a Twitter Account, visit www.twitter.com to create a Twitter Account; creating a Twitter Account is free. By submitting your information and creating a Twitter Account, you will be required to agree to the Twitter terms of service and privacy notice. If you do not agree to Twitter’s terms of service and privacy notice, you cannot create a Twitter Account or participate in this Sweepstakes. Once logged into your Twitter Account, follow the links and instructions to become a follower of the Garnier Twitter Account (https://twitter.com/garnierusa). Then, to enter, during the Entry Period, create and post a photo or video that demonstrates or reflects your One Green Step in honor of Earth Day. When you post the video/photograph from your Twitter Account, you must include both the unique hashtag #OneGreenStep and #Sweepstakes and tag @GarnierUSA as part of your Twitter post. Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry. Sponsor, at its sole discretion, may accept a technically incorrect unique term. To the extent that entrant’s Tweet entry will promote one of Sponsor’s products or otherwise promote Sponsor, entrant is responsible for disclosing in their Tweet entry that they received a sweepstakes entry in exchange for providing a Sponsor promotional message. NOTE: Sponsor may not receive entries from Twitter users with “protected” updates (i.e., user has set their Twitter Account so that only people the user has approved can view their updates) due to the way Twitter operates its service. Be sure your account is set to “public.” Messages not received by Sponsor will not be entered into the Sweepstakes. By including the hashtag “#OneGreenStep and #Sweepstakes” in their Tweet, entrants are confirming their acceptance and agreement to these Official Rules. If you successfully take all of these steps, you will receive one (1) entry into the Sweepstakes via this method, subject to the limit below.
LIMIT: there is a limit of one (1) entry per person per social media platform per calendar day during the Entry Period. Each Submission must be unique, to earn an entry.
Content Submission Guidelines. Submissions of content that do not meet the following “Content Guidelines” are subject to disqualification, at Sponsor’s sole and absolute discretion, so read and follow these Content Guidelines:
- Submissions must be submitted in the English language.
- Any photograph submitted as part of an entry must be in an acceptable file format.
- Any video submitted as part of an entry must be in an acceptable file format.
- Except for materials that are in the public domain, each submission, in its entirety, must be a single work of original material created by the participant, or for which participant has all rights required to comply with these Official Rules.
- Submissions must be suitable for presentation in a public forum.
- Submissions must not have been submitted previously in any contest or sweepstakes of any kind or exhibited or displayed publicly (i.e., disclosed beyond your immediate circle of friends and family) through any means previously.
- Except for materials in the public domain, submissions must include only materials created by the participant, or for which participant has all rights required to comply with these Official Rules, and must not infringe on the intellectual property rights of any other person or entity.Sponsor does not permit the infringement of others’ rights and any use of materials that infringe third party rights is grounds for disqualification from the Sweepstakes and may subject you to liability.Do not copy your favorite movie, book or photo or include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your submission and grant the rights herein granted to Sponsor.Entries that contain brand names, trademarks or company logos are subject to disqualification.[MS1][PV2]
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the website or social platform such as viruses, trojan horses or other technologies that could adversely impact the Sweepstakes, and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Submissions should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Submissions may only include original music created and performed solely by participant (i.e., songs must be composed, lyrics written and performed by participant).Submissions that include any other songs or recordings are inappropriate and will be subject to disqualification.
- Entrant must have prior written permission from any individuals that appear in their Submission (e.g., family members, friends).For each Submission that identifies or depicts any person other than the entrant, the entrant must have, prior to submission, obtained such person’s written consent, or in the case of a minor, the written consent of his/her parent or legal guardian, to the use by the Sponsor of the photograph/video including such person’s name, image and/or other identifying information, as applicable, as permitted hereunder.
- No background artwork should appear in the submissions unless it is an original work of the participant.Any artwork, murals, etc. that can be seen in submissions must be created solely by the participant or participant must be the sole owner of all copyright interests therein.
- SWEEPSTAKES DRAWING/PRIZE CLAIMING: There will be one (1) winner selected in this Sweepstakes. The potential winner will be selected through a random drawing on or about May 9, 2023 from among all eligible entries received in accordance with these Official Rules.Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winner.Decisions of the Sponsor as to the selection of the winner will be final and binding in all respects
- ODDS: Odds of winning the Sweepstakes prize depend on the total number of eligible entries received.
- WINNER NOTIFICATION: The potential winner will be notified through a direct message on the applicable social media platform in a commercially reasonable time after the drawing. The Sweepstakes Parties are not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of a direct message. As part of the winner notification process, the potential winner will be required to complete and submit a declaration of eligibility / release of liability / prize acceptance agreement (collectively, the “Declaration”) and return it within five (5) days before being eligible to receive his or her prizes.If the potential prize winner fails or refuses to sign and return the Declaration within the required time period or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to the potential winner, the potential winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award to an alternate winner.Parents or legal guardians of any potential winner who is over eighteen (18) but still under the age of majority in their state/jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Declaration in order for the potential winner to be qualified to receive his or her prize. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If the potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner may be selected from among all remaining eligible entries. No more than the stated prize will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the prize set forth in these Official Rules, the winner of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prize.Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.The Sweepstakes Parties are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner, or if potential winner is a over eighteen (18) but still a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
P.O. Boxes are not permitted. The Sweepstakes Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email or other account to receive messages.
- PRIZE/PRIZE RESTRICTIONS: One (1) Grand Prize: One (1) winner will receive a check for $10,000. The approximate retail value (“ARV”) of the Grand Prize is: $10,000.
Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize received, regardless of whether it, in whole or in part, is used. The value of any prize awarded to the winner will be reported for tax purposes as required by law. Unclaimed prize will be forfeited. Prize, if legitimately claimed, will be awarded. The Sweepstakes Parties are not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address. If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and the Sweepstakes Parties will have no further obligation with respect to that prize or portion of the prize. No more than the stated prize will be awarded. The Sweepstakes Parties are not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.
- GENERAL: Subject to applicable law, winner hereby expressly grants to the Sweepstakes Parties and their respective successors, assigns, sublicensees and designees, the irrevocable right to use and publish his/her name, social handles, likeness (photographic or simulated), photo or video submission and/or post, voice, biography and place of residence for all purposes, including, without limitation, advertising, marketing, promotional and publicity purposes in connection with this Sweepstakes (“Advertising”), in any and all media now or hereafter devised, worldwide, in perpetuity, without any form of notice, permission or any amount or kind of compensation, except for the awarding of the prize to the winner. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Sweepstakes Parties do not assume any responsibility for any disruption in the Sweepstakes, including, but not limited to, the failure or interruption of any social media platform or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstakes materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Sweepstakes Parties and may be changed from time to time without notice. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, pandemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal, state, or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each, a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize. Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.
- CONDUCT: The Sweepstakes Parties are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. The Sweepstakes Parties reserve the right, at their sole discretion, to disqualify any individual found to be tampering with the participation process or the operation of the Sweepstakes, or to be acting in any manner deemed by the Sweepstakes Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Sweepstakes Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
- WAIVERS AND DISCLAIMERS: The Sweepstakes Parties assume no responsibility or liability for: (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, entries, URLs, or emails; (b) any incorrect or inaccurate entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of entries or registrations at any point in the operation of this Sweepstakes; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Sweepstakes; (e) inaccessibility or unavailability of the Internet or the website or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, social networking posts, or registrations, the announcement of the prizes, or in any other Sweepstakes-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Sweepstakes. If, for any reason, the Sweepstakes (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, then the Sweepstakes Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Sweepstakes in whole or in part. If terminated, the Sweepstakes Parties will award the prize from among all non-suspect, eligible entries received for the Sweepstakes up to the time of such action.
- RELEASES: All participants, as a condition of participation in this Sweepstakes, agree to release, discharge, indemnify and hold harmless the Sweepstakes Parties and Instagram, Twitter, and TikTok, and each of their respective directors, officers, employees, agents, successors and assigns (collectively, “Released Parties”) from and against any and all liability, claims, costs (including attorneys’ fees), losses, damages, fines, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with: (i) participation in any aspect of the Sweepstakes (including travel to/from any Sweepstakes activity), (ii) the receipt, ownership, use, or misuse of any component of the prize awarded, including any travel associated with any prize, (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; (iv) participant’s registration material on any related website, or (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.
- GOVERNING LAW AND LIMITATION OF LIABILITY: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) 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, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in the State of New York, and any other court with jurisdiction over the parties.In arbitration, there is no judge or jury and review is limited.The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.If an in-person hearing is required, then it will take place in the State of New York.The federal or state law that applies to these Official Rules will also apply during the arbitration.Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in the State of New York.Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
- WINNER LIST: To receive the list of winner of the prize, send a #10 self-addressed, stamped envelope for receipt by July 5, 2023 to: #OneGreenStep Earth Month Sweepstakes - Winner List Request, c/o Realtime Media, 1001 Conshohocken State Road, STE 2–100, West Conshohocken, PA 19428.
- SPONSOR: Garnier USA, 10 Hudson Yards, 32nd Floor, New York, NY10001. Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes.
- ADMINISTRATOR: Realtime Media LLC, 1001 Conshohocken State Road, STE 2–100,
West Conshohocken, PA 19428; https://www.rtm.com/; https://privacy.rtm.com/PrivacyPolicy.pdf.
[MS1]RTM strongly recommends discouraging use of brands and logos in Sweepstake entries.
[PV2]OK to keep as “subject to disqualification”