NO PURCHASE IS NECESSARY TO ENTER OR WIN.
Jane’s #FreshisFierce Contest ("Contest") starts on July 1, 2015 at 12:00 am Eastern Time (“ET”) and ends at 11:59 pm ET on July 16, 2015 ("Contest Period").
ELIGIBILITY: Contest is open to women who are legal residents of the contiguous forty-eight (48) United States and District of Columbia, 18 years of age or older. Employees of SAY Media, Inc. ("Sponsor"), Energizer Holdings, Inc., and their respective parents, subsidiaries, affiliates and advertising and promotion agencies; editors, writers and other persons in any way involved in the offering of www.xojane.com, and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win. Void in Alaska and Hawaii and where prohibited by law. Contest is subject to all applicable federal, state and local laws. By participating, each entrant agrees to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest.
HOW TO ENTER: During the Contest Period, to enter, submit a photo on Instagram demonstrating participation in one of the Carefree challenges listed at www.freshisfierce.com. Include a description in English, in no more than 100 words, about why this was the challenge you chose and use the hashtags #FreshisFierce and #CarefreeXOJaneContest ("Entry"). If you include emoticons or emojis as part of your description, these will count toward the 100 word limit. Your Instagram account must be set to “public” in order for your entry to be considered. You can return your Instagram account to private any time after the winner announcement. If you do not already have an Instagram account, establishing one is free; but, a compatible mobile device IS required to use Instagram. All Instagram terms and conditions apply.
Limit one (1) Entry per person/Instagram account. Entries received from any person or Instagram account in excess of this limitation will be void. (Sponsor will determine in its sole discretion which is the first Entry received.) Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. All Entries become the sole property of the Sponsor and will not be returned. Should there be any dispute as to ownership of an Entry, the Entry will be deemed to be submitted by the person whose e-mail address is associated with the Instagram account used to submit the Entry as determined by Sponsor in its sole discretion.
Message and data rates apply to Contest entry. You may be charged by your wireless carrier in conjunction with Contest participation and it is recommended that you review your carrier’s pricing policy before participating in the Contest.
PROHIBITED CONTENT: Each Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that:
is derogatory of any ethnic, racial, gender, religious, professional or age group;
is profane or pornographic;
is obscene or offensive; endorses any form of hate or hate group;
appears to duplicate any other submitted Entry (e.g., no “re-grams”);
defames, misrepresents or contains disparaging remarks about Sponsor, Energizer Holdings, Inc., or their respective products or services, any person or any other entity;
contains trademarks, logos, or trade dress owned by others, without permission, to the extent permission is necessary;
contains copyrighted materials owned by others (such as music, photographs, footage, sculptures, paintings, texts and other works of art or images), without permission, to the extent permission is necessary;
contains materials embodying the names, likenesses, voices, or other indicia identifying any person (living or dead), such as license plate numbers, personal names, e-mail addresses or street addresses, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission, to the extent permission is necessary;
communicates messages or images inconsistent with Sponsor, Energizer Holdings, Inc. and/or the reputation of either party; and/or
violates any law.
Entry must be the work product of the entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If an Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases, permissions and consents necessary to permit the use and exhibition of the Entry by Sponsor and its designees in the manner set forth in these Official Rules, including, without limitation, permissions from any person who is mentioned in, appears in or is identifiable in the Entry, and permissions from any person who took the photograph of the entrant. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void and result in disqualification from Contest. By submitting an Entry, entrant warrants and represents that he/she and any persons who are mentioned in, appearing or identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.
By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify the Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.
USE OF ENTRIES: By submitting an Entry, entrant hereby grants to Sponsor and its designees (including Energizer Holdings, Inc.), successors, licensees and assigns a nonexclusive license to reproduce, distribute, display, perform, create derivative works based upon, or otherwise exploit the Entry and all elements embodied therein, in whole or in part, and together with entrant’s name, Instagram user name, city and state of residence and likeness (including, without limitation, Instagram profile photo), in any manner, in any and all media, now known or hereafter devised, throughout the world in perpetuity, for advertising, promotional and other purposes, without compensation, notification or permission. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Sponsor has no obligation to make use of the rights granted herein.
JUDGING: All eligible Entries received by Sponsor will be judged to determine the winner by qualified judges on the following criteria, with each criterion being weighted equally (collectively, “Judging Criteria”):
Representation of the Carefree® campaign theme of "Fierceness" and "Confidence",
In the event of a tie, an additional, “tie-breaking” judge will determine the winner based on the Judging Criteria. Sponsor reserves the right not to award the prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. All decisions of the Sponsor and judges are final and binding. Sponsor will not reveal the judging scores for any Entry.
WINNER NOTIFICATION: Potential winner will be notified by direct message and will have twenty-four (24) hours to respond to notification or he/she will be disqualified. Potential winner be required to execute an Affidavit of Eligibility and a Liability and Publicity Release (unless prohibited by law), which must be returned within two (2) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact potential winner within a reasonable time period or noncompliance with these Official Rules by potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If winner is at least 18 but still considered a minor in his/her jurisdiction of residence, all required documentation must be executed by such minor’s parent or legal guardian.
Prize: Trip for winner only to New York City to spend a day with Jane Pratt, editor-in-chief of www.xojane.com. Trip consists of round-trip coach class air transportation from a major U.S. airport nearest winner’s residence to New York, NY, two (2) nights’ hotel accommodations (one (1) standard room, single occupancy) at a hotel selected by Sponsor, and round-trip ground transportation between airport and hotel. “Day with Jane” may include attending a staff lunch, joining Ms. Pratt at a yoga or spinning class and/or accompanying Ms. Pratt on a movie premier; however, exact details of the “Day with Jane” will be determined by Sponsor in its sole discretion and Ms. Pratt’s participation is subject to her availability and professional commitments. Approximate Retail Value: $3,000. Actual value may vary based on winner’s point of departure. Winner will not receive difference between actual and approximate retail value. Winner must be available to travel between July 18, 2015 and August 9, 2015. Exact dates will be determined by Sponsor. Winner must complete the trip on dates specified by Sponsor or the prize will be forfeited and Sponsor will have no further obligation to winner. Potential winner may be required by Sponsor to submit to a background check before being deemed eligible to receive their prize. Sponsor reserves the right to disqualify any individual whose background check reveals information that is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (which may be determined by Sponsor, at its sole and absolute discretion). Trip must be booked through Sponsor’s agent. Travel and accommodations are subject to availability. Travel must be round trip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth herein, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs associated with prize acceptance and use not expressly stated in the package description above as being provided, including but not limited to, ground transportation, meals, incidentals, gratuities, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to destination, ground transportation may be substituted for round trip air travel at Sponsor’s sole discretion and no compensation or substitution will be provided for difference in prize value. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. If, for whatever reason, Sponsor is unable to provide any element of prize, no compensation or substitution will be provided; however, remainder of prize package will be awarded and Sponsor will have no further obligation to winner. Should Ms. Pratt not be available for any reason, the sole responsibility of Sponsor and Energizer Holdings, Inc. will be to award the remaining elements of the prize; and, in such case, Sponsor/Energizer Holdings, Inc. may but are not obligated to select an alternate writer/editor or other member of the xojane team in Ms. Pratt’s place. Winner’s time with Ms. Pratt will be chaperoned/supervised and will not be private. Winner is not permitted to transfer, assign or substitute prize or redeem prize for cash. Sponsor reserves the right to substitute prize (or portion thereof) for another prize/portion of prize of comparable or greater value. Winner is solely responsible for all federal, state and local taxes as well as any costs and expenses associated with prize acceptance and use not specified herein as being provided. Winner will be issued an IRS 1099 Tax Form reflecting fair market value of prize; and, winner agrees to fully cooperate with Sponsor and its agencies in conjunction with their compliance with this governmental reporting requirement. All prize details are at Sponsor’s sole discretion.
RELEASE OF LIABILITY: By participating, each entrant agrees to release, indemnify, discharge and hold harmless Sponsor, Energizer Holdings, Inc., Instagram, LLC, and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity, the acceptance, possession, use or misuse of the prize (including any travel or activity related thereto) and/or Sponsor’s and/or its designees’s use of the rights granted herein.
PUBLICITY GRANT: By participating, each entrant agrees to the use by Sponsor and its designees of his/her name, Instagram user name, city and state of residence, image and/or likeness (including, without limitation, Instagram profile photo) for advertising, publicity, promotional and other purposes, in any and all media now or hereafter known, worldwide in perpetuity, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so (again, without compensation).
GENERAL CONDITIONS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, messages, email or mail; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the announcement of the prize or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Instagram users, www.freshisfierce.com users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer/mobile device related to or resulting from participating in this Contest or downloading materials from or use of Instagram and/or www.freshisfierce.com. Persons who tamper with or abuse any aspect of the Contest or Website (www.freshisfierce.com), who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above or as otherwise deemed fair and appropriate by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted at Website. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Request for Winner’s NAME: For the winner’s name (available after [date]), visit www.xojane.com.
Sponsor: SAY Media, Inc., 245 Fifth Avenue, 5th Floor, New York, NY 10016.
This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram, LLC.
Abbreviated Rules for Collateral Materials:
No purchase necessary. Open to legal residents of the contiguous 48 U.S. & DC, 18 or older. Instagram account required. Contest begins 12:00 a.m. ET 7/7/15 and ends 11:59 p.m. ET 7/16/15. Void in AK & HI & where prohibited. Winner to be selected based on judging of entries according to representation of Carefree® campaign of “Fierceness” and “Confidence”; creativity; enthusiasm. See Official Rules [hyperlink] for complete details. (Not sponsored/endorsed by Instagram).
No purchase necessary. 48 U.S./DC, 18+. Void in AK & HI. Ends 11:59 p.m. ET 7/16/15. See Official Rules at URL for complete details.