Terms and Conditions

Kiehl’s Since 1851 Pics Wall Contest

Official Rules

NO PURCHASE IS NECESSARY TO ENTER OR WIN.

Kiehl’s Since 1851 Pics Wall Contest (“Contest”) starts on 8/27/09 at 9:00 AM ET and ends on 10/2/09 at 10:00 PM ET (“Contest Period”).  The Contest Period constitutes both the entry period and voting period.

ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States or District of Columbia who are 18 years of age or older.  Employees of L’Oreal USA Inc. (“Sponsor”), Octagon, Inc., and their respective parents, subsidiaries, affiliates, promotion and advertising agencies, 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 where prohibited by law. Contest is subject to all applicable federal, state and local laws.

HOW TO ENTER:  During the Contest Period, visit http://picswall.kiehls.com and follow the directions provided to complete the entry form; then, upload a photo of you that shows you wearing a facial masque, halloween mask, or other facial accessories in a creative way, as if you were going to a masquerade party, and submit (“Entry”). Photo can only be of you.  Photo must be submitted in JPEG or GIF format and cannot exceed 3MB in size.  All Entries must be received by 10/2/09 at 10:00 PM ET to be considered. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void.  There is no limit on the number of Entries a person can submit; however, each Entry must be substantially different from any other Entry submitted by such person or email address.  All Entries become the sole property of the Sponsor and will not be returned.   

REQUIREMENTS OF ENTRIES:  Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that: 

- is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;

- promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); - promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;

- is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;  

- defames, misrepresents or contains disparaging remarks about other people or companies;

- contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission; contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

- contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;

- contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead;

- contains look-alikes of celebrities or other public or private figures, living or dead;

- communicates messages or images inconsistent with the positive images and/or good will to which we wish to associate; and/or

- violates any law.

Entry must be the original work 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 the 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 and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. 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, if requested, may render Entry null and void.  By submitting your Entry, you represent and warrant that your Entry conforms to these Official Rules.

By submitting an Entry, entrant hereby grants permission for the Entry to be posted on the Kiehl’s Pics Wall website (http://picswall.kiehls.com) or other websites. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry.   

Winner Determination: All eligible Entries received will be featured at http://picswall.kiehls.com between 9:00 AM ET on 8/27/09 and 10:00 PM ET on 10/2/09 during the Contest Period. Individuals who are at least 18 years of age can visit http://picswall.kiehls.com to view the Entries and determine which Entry best shows the contestant wearing a facial masque in a creative way, as if the contestant was going to a masquerade party by casting a “Like” vote. Votes received from any person or email address attempting to deliberately damage the website or undermine the legitimate operation of the contest will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. The twenty (20) Entries that receive the most “Likes” by the conclusion of the Contest Period, as determined by Sponsor in its sole discretion, will be deemed winners, subject to verification of eligibility and compliance with these Official Rules.  In the event of a tie, a “tie-breaking” judge will determine the winner(s) based equally on creativity, originality, photo quality and adherence to theme.  Use of script, macro or any automated system to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.  Judges’ and Sponsor’s decisions are final and binding on all matters relating to this Contest.   

WINNER NOTIFICATION: Potential winners will be notified by telephone, mail and/or email and may be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law), which must be returned within 7 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 a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. If any potential winner is an eligible minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winners set forth herein.

PrizeS (20): Four (4) Kiehl’s Since 1851 Rare Earth Products to be determined by Sponsor.  Approximate Retail Value (“ARV”) is $96 each.  Total ARV of all prizes: $1920.  Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value.  Winners are responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided.  All prize details are at Sponsor’s sole discretion. Limit one (1) prize per person and per household.  In the event any person, email address or household has more than one (1) winning Entry, he/she will only receive one (1) prize and the other prize(s) will be awarded to runners-up.

OWNERSHIP/USE OF ENTRIES:  By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.   

GENERAL CONDITIONS:  By participating, each entrant agrees: (a) 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; (b) to release, discharge and hold harmless Sponsor, Octagon., Inc., 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 the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, city and state, photograph, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, 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.  By participating, entrant also agrees not to release any publicity or other materials on their own or through someone else regarding their participation in the Contest without the prior consent of the Sponsor, which it may withhold in its sole discretion. 

MISCELLANEOUS: Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries or Likes/votes; 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 tabulation of Likes/votes, the announcement of the prizes, the incorrect uploading of the photo or in any Contest-related materials.  Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site 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 related to or resulting from participating in this Contest or downloading materials from or use of the website.  Persons who tamper with or abuse any aspect of the Contest or website, 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, at its discretion, select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. 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 Winners’ List: For a list of winners (available after October 7, 2009), send a self-addressed, stamped, envelope by November 30, 2009 to: Kiehl’s Since 1851 Pics Wall Contest Winners, 435 Hudson Street, New York, New York 10014.

Sponsor: Kiehl’s Since 1851, Luxury Products Division of L’Oréal USA, Inc., 435 Hudson Street, New York, NY 10014.