THE ROAMAN’S HOLIDAY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
SWEEPSTAKES ENTRY PERIOD: The Roaman’s Holiday Sweepstakes (the “Sweepstakes”) begins at 12:00:01 AM Eastern Time (“ET”) on Thursday, November 1, 2018 and ends at 11:59:59 PM ET on Thursday, November 29, 2018 (the “Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open to legal residents of the 50 United States including the District of Columbia, who are age 18 or older at the time of entry. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of FullBeauty Brand, Inc. (the "Sponsor"), US Sweepstakes & Fulfillment Company (the “Sweepstakes Administrator”) and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, children, and siblings and their spouses) of, and/or those living in the same household of each, are not eligible to enter. Sweepstakes is subject to all applicable federal, state and local laws and regulations.
HOW TO ENTER: There are four (4) ways to enter.
Method #2: Twitter Entry. During the Sweepstakes Period, log in to your Twitter account, follow @roamans on Twitter, and upload and share an original photo of yourself wearing an outfit you created using your favorite Roaman’s styles (the “Photo) to your public Twitter account, including the hashtags #MyRoamans and #Sweepstakes in the photo caption to receive one (1) entry into the Sweepstakes (the “Twitter Entry”). Each Twitter Entry must include the hashtags #MyRoamans and #Sweepstakes. Message and data rates may apply. Entrant’s Twitter settings must be public. Twitter Entries uploaded from “private” Twitter accounts will not be eligible. By submitting a Twitter Entry, Entrants agree to Twitter’s Terms of Service. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc. Twitter Entries must be received between Thursday, November 1, 2018 at 12:00:01 AM ET and Thursday, November 29, 2018 at 11:59:59 PM ET.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN SWEEPSTAKES (AS APPLICABLE). INSTAGRAM AND TWITTER ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Sponsor may not receive Entries from Twitter or Instagram users with “protected” accounts or profiles that are not public (i.e. user has set the Account so that only people the user has approved can view updates). Twitter and Instagram posts not received by the Sponsor will not be entered into the Sweepstakes. Multiple participants are not permitted to share the same email address, Twitter account or Instagram account. Incomplete Entries will not be accepted and are void.
Method #4: Alternate Method of Entry (“AMOE”) / Mail-in Entry. To enter without sharing an original photo (the “Photo) of yourself wearing an outfit you created using your favorite Roaman’s styles, mail a postcard (the “Mail-In Entry”), including your name, complete address, email address and phone number to the following address to receive one (1) entry into the Sweepstakes: The Roaman’s Holiday Sweepstakes, 625 Panorama Trail, Suite 2100, Rochester, NY 14625-2437. Each Mail-In Entry must be mailed separately and must be postmarked between Thursday, November 1, 2018 and Thursday, November 29, 2018 and received by Thursday, December 6, 2018. Photocopied, illegible, or mechanically reproduced entries are not eligible. All entries become the property of the Sponsor and will not be returned or acknowledged. Sponsor is not responsible for lost, late, damaged, misdirected or postage-due mailed entries.
Instagram Entry, Twitter Entry, Online Entry and Mail-In Entry collectively referred to herein as “Entry” or “Entries”. There is a limit of one (1) Entry per person per day, regardless of the method of entry. All methods of entry have an equal chance of winning. Any additional Entries received from any person within the same day will be void and will be disqualified. For the purposes of this Sweepstakes, a “day” is defined as the twenty-four (24) hour time period commencing at 12:00:01 AM ET and ending at 11:59:59 PM ET.
ONLINE ENTRY, INSTAGRAM ENTRY AND TWITTER ENTRY REQUIREMENTS & CONDITIONS: All Online Entries, Instagram Entries, Twitter Entries (collectively, the “Photo Entries”) must comply with the following minimum guidelines to be eligible:
Each Contest Entry must include an original Photo. Contest Entries submitted with a Photo that has already been submitted or that is substantially the same as a previously submitted Photo, as determined by the Sponsor in its sole discretion, will be disqualified.
Photo Entries may be posted to a public gallery within the Sweepstakes Website (the “Sweepstakes Gallery”). The Sponsor will review all submitted Photo Entries prior to such Photo Entries being published and reserves the right in its sole and absolute discretion to reject, disqualify and/or remove any Photo Entry that violates these Official Rules without any notification or warning. Posting to the Sweepstakes Gallery does not indicate the Photo Entry has complied with the Official Rules. Sponsor reserves the right to post sample Photos it has created in connection with the Sweepstakes on the Sweepstakes Website, the Sponsor’s websites and social sites. Sponsor does not guarantee the posting of any Photo Entry and Sponsor may take down any Photo Entry at any time and for any reason.
- Photo must show the Entrant wearing an outfit the Entrant created using his/her favorite Roaman’s styles.
- The Entrant should be the primary subject of the Photo. No other individuals may appear in the Photo without express written permission. If Photo features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
- Photo submitted via Twitter or Instagram must include the hashtags #MyRoamans and #Sweepstakes in the photo caption or comment.
- Photo must conform to the format and size requirements and limitations of the Sweepstakes Website, Twitter or Instagram.
- Entry and Photo cannot contain content that is irrelevant to the purpose of the Sweepstakes
- Once a Photo has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo must be original, on which no image editing software has been used.
- No duplicate Photos or substantially similar Photos, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Entry and Photo cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry and Photo cannot be violent or promote firearms/weapons.
- Entry and Photo cannot promote alcohol, illegal drugs or tobacco.
- Entry and Photo cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry and Photo cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry and Photo cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry and Photo cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry and Photo cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Twitter and Instagram wish to associate.
- Entry and Photo cannot depict illegal activity and cannot itself be in violation of any law.
- Entry and Photo cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry and Photo may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Photo cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, name, hometown and likeness (including, without limitation, profile photo), in any manner and in any and all media, now or hereafter devised, including, without limitation, on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Sweepstakes Entry, which includes the Photo.
By submitting a Photo Entry, Entrant warrants and represents that: (a) Photo Entry does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Entrant owns all rights to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Entrant him/herself; and (c) Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Sweepstakes.
ENTRIES POSTED TO THE SWEEPSTAKES GALLERY ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”)/ODDS:
Grand Prize: There is one (1) Grand Prize available to be won. The Grand Prize is one (1) $500 Roaman’s e-Gift Card. The ARV of the Grand Prize is $500.
First Prize: There are five (5) First Prizes available to be won. Each First Prize is a $100 Roaman’s e-Gift Card. The ARV for each First Prize is $100. The total ARV of all First Prizes available to be won is $500.
The total ARV of all prizes available to be won: $1,000.
There is a limit of one (1) prize per person. Odds of winning will depend upon the total number of eligible entries received.
RANDOM DRAWING & WINNER NOTIFICATION: The potential winners will be selected in a random drawing on or about Friday, December 7, 2018, from among all eligible entries received during the Sweepstakes Period by the Sweepstakes Administrator, an independent representative of the Sponsor whose decisions are final.
In the event a potential prize winner entered via Instagram or Twitter Entry, such potential prize winner will be notified by Sponsor via direct message and/or Photo comment to his/her public Instagram and/or Twitter account (the “Notification”). To begin the prize claim process, a potential winner must respond as instructed to the Notification with his/her full name, Instagram/Twitter ID, email address and date of birth within 48 hours of the Notification. Noncompliance will result in disqualification and an alternate winner may be selected.
In the event a potential prize winner entered via Online or Mail-In Entry, such potential prize winner will be notified by the Sweepstakes Administrator via email (the “Email Notification”) and will be required to respond with his/her full name and date of birth within 48 hours of Email Notification via return e-mail. Noncompliance will result in disqualification and an alternate winner may be selected.
If a prize notification or prize is returned as undeliverable, or if winner is found to be ineligible or not in compliance with these rules, that winner will be disqualified and the prize may be awarded to an alternate winner in a separate random drawing. Only two (2) alternate winners may be determined through this process, after which the prize may remain un-awarded.
Prizes will be sent to winners via email within approximately four (4) to six (6) weeks after winners are verified.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return an Affidavit of Eligibility, a Liability Waiver and where allowable, A Publicity Release (collectively, “the Releases”) on minor’s behalf.
PRIZE CONDITIONS: Prizes are not redeemable for cash. Prizes are not assignable nor transferable. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prizes and no exchange or substitution of prizes, except at the sole discretion of the Sponsor. Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Winners are responsible for all federal, state, local and income taxes associated with winning prize.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner's name, prize won, Photo, hometown, likeness, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL: Although subsequent attempts to enter on a given day may be received, only the first complete entry received from a particular entrant will be eligible; subsequent attempts by the same person to enter, including entries submitted with an alternate email address, will be disqualified.
Participating entrants agree to these Official Rules and the decisions of the Sponsor and the Sweepstakes Administrator, and release the Sponsor, the Sweepstakes Administrator, Instagram, Twitter and their affiliated companies, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the promotion, and the acceptance and use/misuse of the prize offered. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or use/misuse or redemption of the prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize.
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the e-mail address submitted by the entrant or the Twitter or Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the e-mail address, Twitter or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, you (i) agree to be bound by these official rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Sweepstakes Administrator, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these official rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these official rules; and (ii) withdraw a method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes). If for any reason this Sweepstakes is not capable of running as planned due to an infection by a computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, 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 Sweepstakes, at which time, Sponsor will conduct a random drawing from among all eligible entries received at the time of the Sweepstakes termination.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
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.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, 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 New York, 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 New York, 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.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see https://www.roamans.com/gallery#gallery-term-condition or send a self-addressed, stamped envelope by December 7, 2018 to: The Roaman’s Holiday Sweepstakes Official Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST: For a written confirmation of the winner (available after December 7, 2018), send a stamped, self-addressed envelope (no later than January 7, 2019 to: The Roaman’s Holiday Sweepstakes Winner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR: FullBeauty Brands, Inc., One New York Plaza, New York, NY 10004.
Void outside the US, in Puerto Rico, and wherever else prohibited by law.