( SWEEPSTAKES") OFFICIAL RULES VOID WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT NECESSARY TO

Transcription

1 LA MADELEINE BONNE REWARDS TRIP TO FRANCE SWEEPSTAKES ( SWEEPSTAKES") OFFICIAL RULES VOID WHERE PROHIBITED BY LAW. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE TO WIN. SPONSORED BY LA MADELEINE DE CORPS, INC. OFFERED ONLY TO LEGAL U.S. RESIDENTS OF TEXAS, LOUISIANA, FLORIDA, MARYLAND, OKLAHOMA, GEORGIA OR VIRGINIA, AGED 18 YEARS OR OLDER. OFFER VALID AT PARTICIPATING LA MADELEINE LOCATIONS ONLY. 1. ELIGIBILITY FOR THE SWEEPSTAKES DESCRIBED HEREIN: Open to legal U.S. residents of Texas, Louisiana, Florida, Maryland, Oklahoma, Georgia, or Virginia who are 18 years of age and older ( Entrant ) at the time of Entry (defined below). Employees, contractors, agents, shareholders, officers, and directors of La Madeleine de Corps, Inc. ( Sponsor ), Firehouse Agency, LLC ("Promotional Partner"), SCVNGR, Inc. (doing business as Level Up) ( Promotional Partner ), nfusion Group, LLC ( Promotional Partner ), Facebook, Instagram, Twitter, Word Press, Pinterest or KeyRing and each of their respective parent companies, subsidiaries, affiliates or related companies, TV production partners, advertising agencies, promotional suppliers (collectively, "Sweepstakes Entities") and the immediate family members (spouses and parents, children and siblings and their respective spouses, regardless of where they live) or members of the same households (whether related or not) of such individuals are not eligible to enter the Sweepstakes. All applicable federal, state, and local rules apply. Void in Puerto Rico and where prohibited or restricted by law. This Sweepstakes is not sponsored, endorsed or administered by or associated with Facebook, Twitter, Word Press, Pinterest, Instagram or KeyRing.

2 2. SWEEPSTAKES ENTRY DATES: The Sweepstakes Submission period begins at 12:00 PM Eastern Time ( ET ) on January 6, 2016 and ends at 8:00 PM ET on April 30, 2016 (the Sweepstakes Entry Period ). 3. TO ENTER THE SWEEPSTAKES: There are two (2) ways to enter the Sweepstakes: First Entry Method -- Automatic Entry: an eligible entrant may download the la Madeleine mobile app from the Google Play store or Apple App Store during the Sweepstakes Entry Period to his or her mobile phone using the eligible entrant s registered account with the Google Play store or the Apple App Store, and the eligible entrant shall receive only one (1) entry for downloading of the App, which will be validated with the account holder s address. Only one entry permitted per eligible entrant and account. Duplicate entries are not permitted. Second Entry Method -- To enter without purchase or obligation by U.S. mail: Handprint your name, address, city, state, ZIP code, daytime and evening telephone numbers (including area code), and address (if applicable) on a 3 x 5 card, and mail, in a #10 envelope with sufficient postage affixed, to submit a postcard to: Bonne Rewards Trip to France Sweepstakes, La Madeleine Marketing Department at Merit Drive, Suite 900, Dallas, Texas, Your entry must comply with the following and by entering you represent, warrant, and agree that: (a) you are a legal resident of Texas, Louisiana, Florida, Maryland, Oklahoma, Georgia, or Virginia; and (b) you are 18 years of age or older. By submitting an entry, you grant the Sponsor the irrevocable right and license to use your name and biographical material concerning me without additional compensation to you, in any manner or medium, throughout the world and in perpetuity. In addition you grant to Sponsor permission to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use the entry or part thereof (with or without using your name) in any manner throughout the world for any purpose, without limitation, and without additional review,

3 compensation, or approval from you or any other party. By way of example, but not by way of limitation, Sponsor may display your entry on the Internet (e.g., You agree that, upon request by the Sponsor, you will sign a copyright assignment (prepared at the sole discretion of Sponsor), winner s affidavit affirming your compliance with these Official Rules (prepared at the sole discretion of Sponsor). By submitting an entry, you further agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sweepstakes Entities or any other person or entity, on the grounds that any use of the entry, or any derivative works, infringes any of your rights, including, without limitation, copyrights and moral rights. Nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Sweepstakes Entities. In no way are you to be construed as the agent or to be acting as the agent of the Sponsor. Limit one (1) entry per eligible entrant during the Sweepstakes Entry Period. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at Sponsor s, Promotional Partner s and/or any other entity s servers), are void and will not be accepted. Entrants who are not eligible to enter the Sweepstakes (described above), as determined by Sponsor in its sole discretion, or are otherwise in violation of these Official Rules will be disqualified. 4. RANDOM DRAWING: On May 2, 2016, the Grand Prize will be drawn at random from all eligible entries. Odds of winning are determined by the number of valid entries received by the entry deadline. 5. GRAND PRIZE WINNER AND GRAND PRIZE FOR THE SWEEPSTAKES: On May 13, 2016, Sponsor will announce the Grand Prize Winner. One (1) Grand Prize Winner (the Grand Prize Winner ) will win a vacation trip package for the Grand Prize Winner and one (1) guest to Paris, France and the Loire Valley (the Grand Prize ). The Grand Prize will include: (i) round-trip coach airfare for Grand Prize Winner and one (1) guest from the major U.S. commercial airport nearest

4 Grand Prize Winner s home; (ii) airport and ground transfers in France; (iii) train fare from Paris to the Loire Valley; (iii) dual-occupancy lodging for Grand Prize Winner and his/her guest for six (6) nights; and (iv) gift cards for meals. Any other incidentals, charges, fees or costs incurred in connection with the vacation trip package are the sole responsibility of the Grand Prize Winner. Approximate retail value ( ARV ) of the Grand Prize is $10,000. No cash value will be awarded for any unused portion of the Grand Prize. At the Grand Prize Winner s sole discretion, he or she may elect to receive a check in the lump-sum of $10,000 instead of the Grand Prize; such election must be made no later than June 15, 2016 by notifying Sponsor in writing ( Cash Option ). The Grand Prize winner will be notified in writing at the address or listed on the Entry. The Grand Prize must be claimed by May 27, 2016 and the Acknowledgement of Eligibility and Release must be fully-signed and returned to Sponsor by May 31, 2016 or an alternate winner will be chosen. The prize is non-transferable. Sponsor shall only be responsible for awarding the Grand Prize as stated in these Official Rules. Sponsor makes no representations or warranties concerning the appearance, safety or performance of any prize awarded. To receive a listing of the person winning the Grand Prize, please send a written request, including self-addressed stamped envelope to La Madeleine, Attention: Bonne Rewards Trip to France Sweepstakes, La Madeline Marketing Department at Merit Drive, Suite 900, Dallas, Texas, The specifics of all aforementioned elements of the Grand Prize shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Grand Prize Winner. All federal, state and local taxes on prizes are the prize Grand Prize Winner s responsibility. Grand Prize Winner will be issued a 1099 tax form for the actual value of the Grand Prize. 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

5 and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor s airline carrier of choice as detailed in the passenger ticket contract. Grand Prize Winner will not receive difference between actual cost of the Grand Prize and the ARV. Prize is non-transferable and no substitution will be made except as provided herein. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be completed by April 30, 2017, and must be arranged with Sponsor a minimum of ninety (90) days in advance, and is subject to availability, and Sponsor s approval. If Grand Prize Winner is unable to fulfill Grand Prize during the requisite time period (and fails to timely elect the Cash Option), Grand Prize Winner forfeits the Grand Prize in its entirety. All travel dates will be determined by the Sponsor, and once made may not be altered, except in the sole discretion of Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are not included. All other expenses not specifically identified as included in the Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize Winner and guest must travel the same itinerary and on the dates and/or times specified by Sponsor or prize will be forfeited in its entirety. Travel companion of Grand Prize Winner must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must each sign a Liability and Publicity Release. If potential Grand Prize Winner s travel companions fail to return such documents within date and/or time indicated within such documents, then the potential winner will be disqualified and an alternate Grand Prize Winner will be selected. Except where prohibited by law, the Grand Prize Winner's Entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said Grand Prize Winner's travel companion's names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation.

6 Prizes cannot be transferred or substituted, except at Sponsor s sole discretion. By entering, entrants agree to comply with these Official Rules including all eligibility requirements. Sponsor reserves the right to verify eligibility of all entrants. Illegible and/or incomplete entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Sponsor, Promotional Partner, and their agents are not responsible for lost, late, or misdirected entries, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the entries. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification. Use of computer programs, macro, programmed, robotic, automatic and other similar means to enter the Sweepstakes is prohibited and may result in the disqualification of Entries and/or the entrant. 6. GENERAL: All taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of winners. If a winner is 18 or older, as is required for entry, but not of the age of majority in state of residence, the prize will either be awarded in the name of parent or legal guardian, or parent or legal guardian must ratify and sign any and all documents required of winner. Inability to contact a winner or the return of any prize notification as undeliverable will result in the prize being forfeited and awarded to an alternate winner. By participating, entrants agree [a] to these rules and decisions of Sponsor, which shall be final in all respects relating to this Sweepstakes; [b] to release, discharge and hold harmless Sweepstakes Entities, their subsidiaries and affiliates or related companies from any and all injuries, liability, losses and damages of any kind resulting from their participation in the Sweepstakes or their acceptance, use or misuse of prize including, without limitation, personal injury, death and property damage; and if a winner, [c] to the use of his or her name and/or photograph for advertising, publicity and promotional purposes in all media, including but not limited to on air and within without compensation (unless prohibited by law) and agree to execute specific consent to such use upon request. Sponsor is not responsible for and shall not be liable for: [a] electronic, hardware or software program, network, Internet, or

7 computer malfunctions, failures, or difficulties of any kind, including without limitation, server malfunction or for any human, typographical, printing or other error relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, processing of entries; the announcement of the prize or in any Sweepstakes related materials, [b] failed, incomplete, garbled, or delayed computer transmissions; [c] late, lost, misdirected or incomplete entries or postage-due mail; [d] damage to entrants' or any person's computer or the contents thereof; [e] any condition caused by events that may cause the Sweepstakes to be disrupted or corrupted; or [f] any damage to prizes during shipping or delivery. Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes if fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity of the Sweepstakes (or portion thereof), as determined by Sponsor in its sole discretion, and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Sponsor in its sole discretion. Any attempt by an entrant to deliberately damage any Web site or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil laws 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. In the event of a dispute as to any registration or play, the authorized account holder of the address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an address by an Internet access provider, online service provider, Internet service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder and/or proof of employment. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or the Web Site; to be acting in violation of the Official Rules; to be acting in violation of the terms of the Web Site, or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Entries may not be made by any other individual or any entity, and/or originating at

8 any other Internet Web site or address, including but not limited to commercial Sweepstakes subscription notification and/or entering service sites. Any winner who enters by any of the methods described above will be disqualified and an alternate winner selected. Use of any device to automate entry or votes is prohibited. Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the entrant has not complied with these Official Rules. 7. INDEMNITY AND RELEASE OF FACEBOOK, TWITTER & INSTAGRAM: You acknowledge that the Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook, Twitter or Instagram. You understand that you are providing your information to Sponsor and not to Facebook, Twitter or Instagram. The information you provide will only be used for the Sweepstakes. You agree to release Facebook, Twitter and Instagram from all liability relating to this promotion. You will indemnify and hold Facebook, Twitter and Instagram harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) for any claim related to the promotion including without limitation the publicity or administration thereof. 8. PRIVACY POLICY: The information entrants provide in connection with this Sweepstakes will be provided to Sponsor and shall be subject to Sponsor s privacy policy (the Privacy Policy ) which can be found at The information Sponsor collects during this Sweepstakes shall be treated consistent with the terms of the Privacy Policy. Sponsor will use the information entrants provide only to administer the Sweepstakes. 9. MISCELLANEOUS: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE FACEBOOK OR ANY WEBSITE RELATED TO THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION THE SWEEPSTAKES RULES AND OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY

9 LAW. Sponsor reserves the right to modify, terminate, or suspend the online entry should virus, bugs, non-authorized human intervention or other causes corrupt the administration, security, fairness, or proper play of the promotion. These Sweepstakes rules constitute the full agreement relating to the promotion. In the event of any conflict between these rules and any of the documents relating to the promotion, these Official Rules shall prevail. 10. LIABILITY: BY PARTICIPATING IN THIS SWEEPSTAKES AND/OR ACCEPTING A PRIZE, PARTICIPANTS RELEASE AND DISCHARGE LA MADELEINE, ITS PARENT, SUBSIDIARIES, AFFILIATED COMPANIES, AGENTS, VENDORS AND PARTICIPATING SPONSORS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS AND AGREE TO HOLD THEM HARMLESS FROM AND AGAINST ANY LIABILITY OR DAMAGE DUE TO INJURY, LOSS OR DAMAGE TO PERSON, INCLUDING DEATH AND PROPERTY, CAUSED IN WHOLE OR IN PART, DIRECTRLY OR INDIRECTLY, FROM THE USE, MISUSE, ACCEPTANCE OR POSSESSION OF ANY PRIZE, OR PARTCIPATION IN THIS SWEEPSTAKES. UNDER NO CIRCUMSTANCES WILL ENTRANTS BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ATTORNEY S FEES OR ANY RIGHT TO HAVE ANY DAMAGES MULTIPLIED OR INCREASED. 11. DISPUTES: Each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or in connection with this promotion, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceedings shall take place in a federal or state court within the State of Texas; 2) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental, and consequential damages, and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have

10 damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and Sponsor in connection with the promotion, shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of Texas, or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than the State of Texas. IN NO EVENT SHALL SPONSOR OR ITS RELATED ENTITIES BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO ANY INDIVIDUAL ENTRANT IN THIS PROMOTION. 12. WINNER LIST: To receive information concerning the Grand Prize Winner, please mail a written request post-marked no later than August 1, 2016, including self-addressed stamped envelope, to La Madeleine, Attention: Bonne Rewards Trip to France Sweepstakes, La Madeleine Marketing Department at Merit Drive, Suite 900, Dallas, Texas, SPONSOR: La Madeleine de Corps, Inc Merit Drive, Suite 900 Dallas, TX La Madeleine de Corps, Inc. All rights reserved.