OFFICIAL RULES

RESTORSEA How I Glow Instagram Contest
NO PURCHASE NECESSARY.

Message and data rates apply to Contest entry. Be sure to check your wireless carrier's pricing plan before entering. Wireless Internet access may not be available in all areas.
Open only to legal U.S. residents, 18 years or older, who own or have lawful access to a wireless device that supports the Instagram app**, as of date of entry.
By participating, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

{**The Instagram app can be downloaded for free on compatible wireless devices.}

  • Contest Period: Contest starts 2/7/2014 at 12:00 p.m. PT and ends 2/9/2014 at 11:59 p.m. PT.
  • To Enter:Follow Restorsea on Instagram, @restorsea# (if you do not already). Then, take a photo showing how you glow and post it to your public Instagram account along with the hash tag #HOWiGLOW as well as @restorsea#. Photo/entry must be posted by 2/9/2014 at 11:59 p.m. PT. There is a limit of one (1) entry/photo per person. A given Instagram account only be used by one (1) person to enter the Contest; use of multiple Instagram accounts by a given person to enter the Contest is prohibited. In the event of dispute, entry will be deemed made by the owner of the e-mail address associated with the Instagram account used to enter the Contest as determined by Sponsor in its sole discretion.
  • Content Restrictions: Photo will be deemed void and entrant submitting same disqualified if Sponsor determines in its sole discretion that photo is in violation of any of the following requirements:
    1. Is not the original work of entrant;
    2. Was not created specifically for this Contest or was previously published;
    3. Violates the trademark, copyright, intellectual property right of other rights of any third party (if a third party is included in your photo, be sure that you have secured their permission beforehand);
    4. Advocates drug or alcohol use, violence or any illegal act;
    5. Is inappropriate for publication, offensive or obscene (including hate speech or nudity);
    6. Is not relevant to the Contest theme;
    7. Disparages or adversely affects the goodwill of Sponsor, its products, or Ms. Emmy Rossum.
  • Grant of Rights In Content. Subject only to any rights retained by Instagram in operating its social media channel, entrant grants to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the photo in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation to Entrant. Entrant waives any "Moral Right of Authors" (Droit Moral) in the photo. Entrant further agrees, upon Sponsor's request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights. Entrant further expressly acknowledges that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) Entrant's photo and that Sponsor shall have no liability to Entrant or any third party in conjunction therewith. UPLOADED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE APPLICABLE ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS MERELY REQUESTING PERSONS TO POST PHOTOS AND DISCLAIMS ANY RESPONSIBILITY IN CONJUNCTION WITH SAME. SPONSOR FURTHER DISCLAIMS ANY LIABILITY UNDER ANY LEGAL THEORY RELATIVE TO THE POSSIBLE RE-POSTING OF SUCH PHOTOS, WITH THE EXPRESS UNDERSTANDING THAT SPONSOR WILL NOT BE RESPONSIBLE FOR FILTERING OR MONITORING ANY CONTENT PRIOR TO RE-POSTING PHOTOS, AS APPLICABLE.
  • Determination of Winners. Winners will be selected based on the sole and arbitrary judgment of Ms. Emmy Rossum** (or a member of her personal staff) in reviewing all eligible entries/photos; i.e., according to the personal taste of Ms. Rossum. For the avoidance of doubt, Sponsor may re-post photos that it finds interesting or compelling; but, such re-posting does NOT constitute notification of being a potential winner in the Contest. The determination of winners will take place on or about 2/14/2014. Potential winners will be notified via direct message on Instagram. IN ORDER TO BE NOTIFIED IF A POTENTIAL WINNER, ENTRANT MUST FOLLOW @RESTOREA# ON INSTAGRAM. Potential winners must respond to direct message within forty-eight (48) hours with all prescribed information in order to remain eligible to win prize. Potential winners may be required to complete, sign and return an affidavit of eligibility, a liability release and a publicity release (where lawful) within indicated time period. In the event of noncompliance with this requirement (as applicable) or if the potential prize winner cannot be contacted, is ineligible or is otherwise not in compliance with these Official Rules, he/she will be disqualified and an alternate winner selected from among all remaining eligible entries received as set forth above.
    **Ms. Emmy Rossum's participation is subject to her availability and professional commitments. Should Ms. Rossum not be available to participate in the determination of winners for any reason, Sponsor, Todd Shemarya Artists and Ms. Rossum will not have any liability of any kind.
  • Prizes/Odds Of Winning:
    • Grand Prize (1 – Overall favorite photo): full set of (8) Restorsea products: Revitalizing Eye Cream, Rejuvenating Day Cream, Restoring Night Cream, Reviving Cleanser, Renormalizing Serum, Recharging Finishing Mist, Rejuvenating Day Lotion SPF 30, Retexturizing Body Butter. Approximate Retail Value: $1,000.
    • Runner-Up Prizes (5 – Favorite photos after Overall favorite): Restorsea starter kit: Rejuvenating Day Cream and Revitalizing Eye Cream. Approximate Retail Value: $235 each.
    • Odds of winning depend on the total number of eligible entries received as well as the vagaries of Ms. Rossum’s personal taste.
      Limit of (1) prize per family, address, household. All unspecified expenses in conjunction with acceptance and use of prize as well as any applicable taxes on prize are winner's sole responsibility. Grand Prize winner will be issued a 1099 IRS Tax Form for fair market value of prize. Prizes cannot be transferred without the written consent of Sponsor which may be granted or withheld in its sole discretion without liability of any kind. No prize substitution is allowed except by Sponsor in its sole discretion for prize/prize component of comparable value. Prizes are not redeemable or exchangeable for cash.
  • Conditions of Participation. Employees, officers and directors (and their immediate families) of Restorsea LLC, Todd Shemarya Artists, their respective subsidiaries, affiliates, and agencies are not eligible to enter or win a prize. Sponsor is not responsible for entries/photos that are lost, late, illegible/garbled, corrupted, misdirected, defective, inaccessible (whether due to filtering by Instagram or otherwise), compromised, incomplete (including omission of Contest hash tag), damaged or delayed and all such entries/photos are void. Sponsor is also not responsible for (a) any incomplete, incorrect or inaccurate information, whether caused by tampering, hacking, equipment malfunction/failure or other cause; (b) any error, omission, interruption, deletion, defect, delay in operation or transmission of entries/photos, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries/photos; and (c) any problems or technical malfunctions, disruptions or failures of any kind, including telephone network or lines, computer on-line-systems, servers or providers, software or programming (including filtering by Instagram's functionality) or for damage to one’s wireless device due to participation in the Contest. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering (or attempting to tamper) with the entry process or the operation of the Contest or to be acting in violation of these Official Rules. The preceding in no way precludes Sponsor from taking other actions against such individuals so as to protect its rights. Sponsor's failure to enforce any provision of these Official Rules in a given circumstance shall not constitute the waiver of such provision. Contest is void where prohibited by law.
  • Releases. By accepting a prize, except where prohibited by law, winner agrees to the use of name, likeness, voice, photograph and/or other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant indemnifies, releases and agrees to hold harmless Restorsea LLC, Todd Shemarya Artists, their respective subsidiaries, affiliates, and agencies and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, Ms. Emmy Rossum personally, as well as Instagram and Facebook, from any and all liability arising from participating in the Contest, any Contest-related activity and/or acceptance, receipt, possession or use/misuse of any prize.
  • FORCE MAJEURE. If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of computer virus, bug, system malfunction, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in its sole opinion, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and award the prizes in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted @restorsea#.
  • DISPUTE RESOLUTION/GOVERNING LAW. To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or this Contest shall be filed exclusively in the federal or state courts situated in New York County, New York State and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action; (b) any such action shall be resolved individually, NOT as part of a class action; (c) any claims/judgments/awards shall be limited to actual out-of-pocket costs incurred, but NOT attorneys’ fees. These Official Rules and this Contest shall be governed by the internal, substantive laws of the State of New York.
  • Winners' List: For winners’ list, send a self-addressed, stamped envelope to:
    Restorsea LLC HOW I GLOW Winners, Dept. LV, Restorsea LLC, 641 Lexington Avenue, 27th Floor, NY, NY 10022.
    for receipt by 2/14/2014. Winners’ list will be available after 3/1/2014.

Sponsor: Restorsea LLC, New York, NY 10022

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook.