BABY PHAT SEDUCTIVE GODDESS

THE SEDUCTIVE GODDESS SWEEPSTAKES

OFFICIAL RULES


To enter this Sweepstakes, you must agree to and abide by these Official Rules.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. INTERNET ACCESS & VALID E-MAIL ACCOUNT REQUIRED.

Each text message sent to or received by a service subscriber of any wireless carrier will incur a standard text messaging charge in accordance with that carrier's Terms and Conditions applicable to such customer's particular voice/data rate plan. Contact your wireless carrier for text messaging plan details.

1. Sponsor: Coty US LLC, 1 Park Avenue, 4th floor, New York, NY 10016.

 

2.     Administrator: LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001.

 

3.     Eligibility: The Seductive Goddess Sweepstakes ("Sweepstakes") is open only to legal residents of the 50 United States and District of Columbia, who are at least 16 years of age and who have a valid e-mail account and Internet access prior to the beginning of the Sweepstakes. Any individuals (including but not limited to employees, consultants, independent contractors, and interns) who have, within the past six months, performed services for Coty US LLC, WDDG, LeadDog Marketing Group, any organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes or supplying the prizes, and/or their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win a prize. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of legal U.S. residency upon request prior to prize award. Void outside of 50 U.S./D.C. and where prohibited by law.

 

4.     Sweepstakes Entry: The Sweepstakes begins on or about 12:00:00 pm (noon) ET on 7/15/08 and ends 11:59:59 pm ET on 10/15/08 (Promotion Period). Administrators computer is the official clock for this Sweepstakes. To enter: 1) navigate the Internet to www.babyphatfragrances.com (Web site) and either log-in or, if you are visiting for the first time, you will be required to create a profile. Once a profile is created, you will only need to log-in to participate during future visits. To create a profile, you will be asked to provide your full name, complete mailing address, email address and daytime telephone number. You may be asked to consent to receive promotional e-mails and reminder e-mails from Sponsor. Consenting to receive promotional or reminder e-mails is optional and does not have to be agreed upon in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of Coty US LLC (available at http://www.coty.com/privacy_policy.html) and you may opt out of receiving these e-mails at any time. 2) To enter via Text Message: If you are a wireless service subscriber and have a text messaging-capable device, you may enter the Sweepstakes during the Promotion Period by texting the promotional code GODDESS to the short code "23907". You will be charged for each text message sent or received from your handset according to the Terms and Conditions of your Service Agreement with your wireless carrier. Standard text and data rates may apply. Each wireless carrier's rate plan may vary, and entrants should contact their wireless carrier for information on text messaging rate plans and charges relating to your participation in this Sweepstakes. Any text message form of entry into this Sweepstakes will be deemed made by the named account holder whose mobile phone number is assigned at the time of entry to the text messaging device so used. Limit one (1) Sweepstakes entry per person per day, regardless of method of entry. For purposes of this Sweepstakes, a day is defined as beginning at 12:00:00 am (mid-night) ET and ending at the following 11:59:59 pm ET. Multiple entries in excess of these limitations or mass entry attempts will result in disqualification of all entries by such person. Entries must be manually key-stroked by the entrant; use of automated entry devices or programs, or entries by third parties, is prohibited.

 

5.     Random Drawings: A winner will be randomly selected on or about 10/20/08 from among all eligible entries received during the Promotion Period. Drawing will be conducted by LeadDog Marketing Group, an independent judging organization/Administrator whose decisions are final and binding on all matters related to the Sweepstakes.

 

6.     Prizes, Approximate Retail Values ("ARV") and Odds:

 

GRAND PRIZE (1 winner): The Grand Prize consists of one (1) $200.00 spa gift certificate; one (1) $500.00 Live Nation/Ticketmaster gift certificate; one (1) $400.00 Baby Phat Store gift certificate; and one (1) customized Baby Phat iPod with the winners name engraved on it. ARV: $1,600.00. 

 

FIRST PLACE PRIZE (5 winners): The First Place Prize consists of one (1) Baby Phat Gift Basket (items in gift basket at sole discretion of Sponsor); and one (1) $100.00 Baby Phat Store gift certificate. ARV of each First Place Prize: $350.00

 

SECOND PLACE PRIZE (20 winners): The Second Place Prize consists of one (1) 3.4 oz Seductive Goddess Eau de Parfum Spray. ARV of each Second Place Prize: $42.00. Terms, conditions and limitations of Gift Certificates can be found on back of Gift Certificate.

 

Total ARV of all prizes: $4,400.00. Any costs and incidentals not specified herein are the winners sole responsibility. No substitution, cash redemption or transfer of prize except with Sponsors permission (which may be granted or withheld for any reason) or where required by law. Sponsor in its sole discretion may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. If prize winner cannot accept the prize as stated, the prize may be forfeited in its entirety and awarded to an alternate winner. Federal, state and local taxes, if any, are the sole responsibility of the winner. Odds of winning the prize depends on total number of eligible entries received during the Promotion Period.

 

7. Winner Notification: A potential Grand Prize winner will be notified by e-mail, phone and/or mail. Failure to respond to the initial verification e-mail within 3 business days after notification or return of e-mail notification as undeliverable after 2 attempts will result in disqualification. Grand Prize winner will be required to sign and return within 5 business days of notification an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release, where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release document is not returned to Sponsor within specified time period, potential winner may be disqualified. If winner is disqualified for any reason, prize will be awarded to an alternate winner selected from all remaining eligible entries received. In the event of any dispute concerning the identity of any entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e-mail account. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. If winner is a minor in his/her jurisdiction of residence, prize may be awarded in the name of, or to, winners parent/legal guardian who must execute all documents and agree to all obligations and undertakings of winner, both on behalf of himself/herself and winner, or prize may be forfeited and an alternate winner selected.

Sponsor and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction, programming errors or failures, or damage or failure of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, as solely determined by Sponsor, including by infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures that can corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and/or disqualify any individual who tampers with (or attempts to tamper with) the entry process/operation of the Sweepstakes (or any part thereof). In such event, Sponsor shall conduct the Sweepstakes and award the Sweepstakes prize by means of a drawing comprised of all eligible entries received prior to and/or after (as appropriate) the action taken by Sponsor or otherwise award the Sweepstakes prize in a manner which is fair, appropriate and consistent with the spirit of these Official Rules, as determined by Sponsor in its sole discretion. Notice of cancellation/termination/ modification/suspension of Sweepstakes will be posted on the Web site. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to (or any problems or technical malfunctions of) any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or electronic entry to be received (or the incorrect or inaccurate capture of registration, entry or other information, or the failure to capture, or loss of, any such information) on account of technical problems or traffic congestion on the Internet or at the Web site, cell number or any combination thereof. Sponsor and its agencies are not responsible for any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from this Sweepstakes. Further, Sponsor and its agencies are not responsible for any incorrect or inaccurate information, whether caused by Web site users, tampering, hacking, or by any of the equipment or programming associated with or utilized in the Promotion.

Entrants further agree not to damage or cause interruption of the Sweepstakes and/or prevent others from participating in the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE OR AN INDIVIDUAL OTHERWISE ATTEMPTS TO DEFRAUD SPONSOR, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.

 

8. Conditions and Limitations of Liability: By participating, entrants (and each entrants parent/legal guardian if entrant is a minor) agree to be bound by and abide by these Official Rules and the decisions of Sponsor and Sweepstakes Administrator, which shall be final and binding in all respects. By participating in this Sweepstakes, entrants (and each entrants parent/legal guardian if entrant is a minor) agree to release and hold harmless Coty US LLC, LeadDog Marketing Group, U.S. Concepts, their parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors and assigns (collectively and individually, the "Released Parties") from any and all actions, claims, injury, loss or damage (whether due to negligence or otherwise) to person(s), including death, or property arising in any manner, directly or indirectly, in whole or in part from participation in this Sweepstakes, or any Sweepstakes related activity, and/or acceptance, possession, misuse or use of any prize(s). By accepting a prizewinners (and each winners parent/legal guardian if winner is a minor) authorize the Sponsor, and those acting pursuant to the Sponsors authority to use their names, voices, likeness, photographs, prize information, biographical data and city and state of residence in any media know known or hereafter discovered, world wide, including on the World Wide Web and Internet, in perpetuity, at any time or times in programming, advertising, trade and/or promotional material or on a winner's list (if applicable) without additional compensation (unless prohibited by law) or notice, review or approval. Sponsor is not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at Sponsor's sole discretion, without obligation or compensation.

TO THE EXTENT PERMITTED BY LAW, SPONSOR AND ADMINISTRATOR MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

IN NO EVENT WILL SPONSOR AND ITS AGENCIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF INTERNET SITE (www.babyphatfragrances.com) OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OR LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

 

9.     Disputes: Arbitration/Choice Of Law: Except where prohibited, entrants (and entrants parent/legal guardian if entrant is a minor) agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes 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 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/or Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine, and all proceedings shall take place in the City of New York, County of New York.

 

10. Privacy Policy: The entry information provided is subject to the Privacy Policy on www.babyphatfragrances.com. To read that Policy, access the www.babyphatfragrances.com Web site and then click on the Privacy Policy link.

 

11. Winners List: For the names of the prize winner, mail a self-addressed, stamped envelope to: Baby Phat The Seductive Goddess Sweepstakes Winner, c/o LeadDog Marketing Group, 159 W. 25th Street, 2nd Floor, New York, NY 10001, to be received no later than 11/15/08.