Henri Bendel No. 7 Black & White Photo Contest Official Rules

February 14, 2013 at 2:47pm




1. Eligibility: The Henri Bendel No. 7 Black & White Photo Contest (the “Contest”) is open only to legal residents of the fifty (50) United States, the District of Columbia, and Puerto Rico who have an Instagram account, who are at least eighteen (18) years old at the time of entry, and have reached the age of majority in the state or territory of residence. Employees of Henri Bendel, Inc. and its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible.  The Contest is subject to all applicable federal, state, provincial, municipal, territorial and local laws and regulations and is void where prohibited by law.  Participation constitutes entrant’s full and unconditional agreement to these Official Rules (“Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Contest.  Winning a prize is contingent upon fulfilling all requirements set forth herein.


2. Sponsor: Henri Bendel, Inc., 666 Fifth Avenue, Fourth Floor, New York, NY, U.S.A. (“Sponsor”).  The Contest is in no way sponsored, endorsed or administered by, or associated with Instagram LLC or Facebook, Inc.  The information you provide will be used for verification of eligibility to participate in the Contest.  Please direct any questions or comments regarding the Contest to Sponsor.


3. Timing: The Contest begins on February 15, 2013 at 12:00 a.m. Eastern Time (“ET”) and ends on March 6, 2013 at 11:59 p.m. ET (the “Contest Period”).  Sponsor’s computer is the official time keeping device for the Contest.

4. How to Enter: To enter the Contest, complete the following steps during the Contest Period.

            a. Follow Henri Bendel on Instagram.  If you are not already a user of the Instagram photo-sharing service, you may download the Instagram app from iTunes or Google Play.  Instagram is free of charge.  Make sure to “follow” Henri Bendel, http://instagram.com/henribendel/.


b. Create Your Photo.  Show us how you are inspired by black & white!  Snap a photo with your smartphone of something that is black & white, or apply Instagram’s black & white filter to your photo.  Your Entry may or may not include a Henri Bendel product, but should be a creative and beautiful expression of the black & white theme. 


c. Post Your Entry.  Upload your photo to Instagram using the handle @henribendel and the hashtag #InContrast (an “Entry”).  Make sure that the “Photos Are Private” setting in your Instagram profile is turned off, or we won’t be able to see your Entry and you won’t be able to participate in the Contest.

Once submitted, Entries cannot be deleted, canceled or modified.  All Entries become the exclusive property of Sponsor, and none will be acknowledged or returned.

5. Entry Guidelines: You may submit one (1) Entry per day during the Contest Period.  Each Entry must be your own work, and not created with the assistance of another person.  Entries must not contain anything that (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group (which include, but are not limited to, race, sex, creed, national origin, religious affiliation, marital status, sexual orientation, gender identity, or language); (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; (vii) promotes illegal or harmful activities or substances; or (viii) Sponsor in its sole discretion determines that the content of the Submission is at least one of the following: insults, attacks, harasses, bullies, threatens, demeans or impersonates others; contains “hate speech,” whether directed at an individual or a group, based on membership within certain categories targets minors or promotes products or services that are illegal for use by minors in their jurisdiction, or that are deemed to be unsafe or inappropriate; contains adult content, including nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative; contains content that is shocking, sensational or disrespectful, or portrays excessive violence; is otherwise obscene, offensive, or inappropriate; links to or promotes a webpage; or otherwise make available any unsolicited or unauthorized advertising, “commercial pitch,” promotional materials, junk mail, spam, pyramid schemes, or any other form of solicitation. 


Use of any automated system to participate is prohibited and will result in disqualification.  Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected Entries, which will be disqualified. In the event of a dispute as to the ownership of any Entry, the authorized account holder of the email address associated with the Instagram account used to enter will be deemed to be the entrant.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Potential winners may be required to show proof of being the authorized account holder.  Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.


6. Fan Voting:  Entries that comply with the guidelines listed above will be posted on the Henri Bendel Facebook page at https://www.facebook.com/HenriBendel.  During the Contest Period, Facebook Fans of Henri Bendel will be able to vote for their favorite Entries.  The number of votes associated with any Entry will not determine the winner of the Contest. 


7. Winner Selection: A panel of judges selected by Sponsor, including members of the Henri Bendel marketing and creative teams (“Judges”) will select one (1) winning Entry from all eligible Entries.  Judges’ decisions are final and binding on all matters relating to the Contest, and will be based equally upon the following criteria: creativity in expression of the “black & white” theme, and elegance of photo composition (“Judging Criteria”).  In determining originality and elegance, the Judges may consider the quantity of Facebook “Likes” associated with an Entry, in their discretion, but Facebook is not an official counter for the Contest, and the number of “Likes” will not determine the winning Entry.  In the event of a tie, the Judges will re-apply the Judging Criteria to determine the winner. 


8. Winner Requirements and Notification: The potential winner will be selected on or around March 11, 2013 and notified via Instagram shortly thereafter.  Potential winner must respond to Sponsor’s notification within five (5) days.  Potential winner will be required to sign and return an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”), which must be received by Sponsor within five (5) days of the date it was sent, in order to claim his/her prize.  At the discretion of Sponsor, any potential winner may be disqualified for failing to respond to a prize notification within the time specified, failing to execute and return the required documents within the time specified, making false statements, not complying with these Rules, or failing to receive a prize notification because of technical problems, Instagram account status or settings, or termination or disruption of wireless/Internet service.  In the event of a disqualification, the Entry with the next highest score may then be declared the alternate winner. 


9. Prize: The winner will receive a Henri Bendel No. 7 Zip Tote in black.  Approximate retail value: $498.  Winner will not receive difference between actual and approximate retail value, if any.  Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion.  Sponsor is not responsible if prize is lost, stolen, destroyed or used without permission.  If a prize or portion thereof is lost or stolen, it will not be replaced.  Sponsor reserves the right to substitute a prize for one of equal or greater value if a designated prize should become unavailable.  Each winner is responsible for all taxes and fees (if any) associated with that winner’s prize receipt and/or use.  Winner may be required to submit social security number or taxpayer ID number in order to claim prize.


10. Release: As a condition of entry into the Contest, all entrants agree to release and hold harmless Sponsor, Instagram LLC, Facebook, Inc., and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.


11. Assignment of Rights: Entrants agree that upon submitting an Entry, Sponsor shall have an unlimited license to reproduce the Entry, may create any derivative works of the Entry, and shall have the right to publish the Entry in any media whatsoever (including any reproduction or derivative work) and use it in perpetuity.  By entering the Contest, entrant represents that the Entry is entrant’s own original work, created for the purpose of entering the Contest, and that the Entry does not infringe, misappropriate or violate a third party’s intellectual property rights, or rights of publicity or privacy, as specified in Section 5 above.


12. Publicity: Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, video, voice, statements, Entry, opinions and/or hometown, state, or country for promotional purposes in any media now known or hereinafter known, worldwide, in perpetuity without further notice, payment or consideration.


13. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion.  If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Entries received up to time of such action using the judging procedures outlined above.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of the Rules or in an unsportsmanlike or disruptive manner.  Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.


14. Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, publication errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (5) any injury 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 or use or misuse of any prize.  If for any reason an Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest, if possible.


15. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York, NY, U.S.A.; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ or legal fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York, U.S.A.  


16. Entrant's Personal Information: Information collected from entrants is subject to Sponsor’s Privacy Policy (http://www.henribendel.com/privacy-policy).


17. Winner List: To obtain a copy of the winner list, send a self-addressed, stamped envelope to: Henri Bendel, ATTN: Laura Kudia, 666 Fifth Avenue, Fourth Floor, New York, NY, U.S.A.  Vermont residents may omit return postage.


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