Celebrate The Gift of #NMscents - Instagram Photo Contest - Neiman Marcus

Celebrate The Gift of #NMscents – Instagram Photo Contest

Neiman Marcus

November 20, 2015



Your picture-perfect holiday style could mean scoring a new signature fragrance.

November 22-29, join us as we celebrate the gift of #NMscents! Each day, we’ll ask you a question relating to fragrances on Neiman Marcus Facebook and Twitter. Share your response via Instagram with #NMscents for a chance to win a $200 NM gift card to use towards your fragrance of choice!

View the daily questions here and submit your entries on Instagram.


1. GIVEAWAY PERIOD: Contest begins at 9:00am Central Standard Time (CST) on Sunday, November 22, 2015, and ends at 11:59pm CST on Sunday, November 29, 2015 (the “Contest Period”). All entries must be submitted during the Contest Period to be eligible. Contest subject to these Official Rules (“Official Rules”).
2. SPONSOR & PRIZE SUPPLIERS: Contest and prizing is sponsored by Neiman Marcus, Renaissance Tower, 1201 Elm St #2800, Dallas, TX 75270 (“Neiman Marcus” or “Sponsor”).
3. ELIGIBILITY: Contest is open to legal residents of the fifty (50) United States (including Washington D.C.), who are 18 years or older at the time of entry. This Contest is void where prohibited by law.
The following persons are not eligible: (i) Directors, employees, and the immediate family (spouse, parent, sibling, children, aunt, uncle, grandparent, grandchildren, or in-laws, regardless of where they live) and/or household members (whether or not related) of Sponsor and Prize Suppliers, and all of their respective parents, subsidiaries, affiliates, directors, officers, employees, legal, advertising and promotional agencies; (ii) any entity connected with the production or administration of the Contest; (iii) licensed alcoholic beverage retailers, wholesalers, or distributors; and (iv) any individual who has received a contest or sweepstakes prize from Sponsor or Prize Suppliers or their parents, affiliates, or subsidiaries in the same calendar year. This Contest is subject to all applicable federal, state, provincial/territorial and local laws.
4. MANDATORY SOCIAL MEDIA DISCLOSURE: This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook, Instagram, or Twitter. The information you provide will only be provided to Sponsor, not to Facebook, Instagram, or Twitter, and will only be used by Sponsor for administering this Contest and for marketing purposes in accordance with Sponsor’s privacy policy, located at http://www.brickfish.com/privacy, unless you agree otherwise. By participating in the Contest, contestants must also agree to the Brickfish application and terms of use at http://www.brickfish.com/terms/.
5. HOW TO ENTER: Participants will upload a photo on their personal Instagram account that answers the daily Neiman Marcus Gift of #NMscents post. Each daily prompt is posted on Neiman Marcus’ Instagram and Facebook platforms and is also promoted on Neiman Marcus Twitter platform. Each participant photo upload must include a relevant caption and the official “#NMscents” hashtag in order to be counted as a valid entry. Multiple entries are permitted. No mail-in, e-mail or fax entries will be accepted.
All entries received by the end of the Contest Period that are complete and otherwise qualified will be eligible to win (“Qualified Submissions”).
6. SUBMISSION GUIDELINES: Photo uploads must be posted on Instagram with a relevant caption and include the official “#NMscents” hashtag. Photo uploads must comply with the policies of Instagram. Photo(s) (1) may not include anyone under 18 years of age; (2) may not be sexually explicit, violent, obscene, lewd, offensive or derogatory; (3) may not promote drugs or firearms (or the use of the foregoing); (4) may not contain images of children or items appealing to children; (5) may not depict any violation of law; (6) may not contain images of overconsumption or intoxication; (7) must be completely original and not appear to duplicate any other submitted submission; (8) must not contain material (including lyrics) that either violates or infringes another’s rights, including, but not limited to, rights of privacy, publicity or intellectual property, or that otherwise constitutes copyright or trademark infringement; (9) communicates messages inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate.
By entering the Contest, you represent and warrant that your Submission is entirely your own work, owned by you, or otherwise authorized and you are not under any contractual obligations, including guild and/or union memberships, that would prohibit you from participating fully in this Contest or would limit or impair Sponsor’s ability to use your Submission royalty-free and in any form of media. Contestant agrees to indemnify Sponsor against any and all claims of infringement or invasion of privacy for any use by Sponsor of the Submission. All Submissions become the sole property of Sponsor and will not be acknowledged or returned. All Submissions are subject to verification at any time. The Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility in a form acceptable to the Sponsor (including, without limitation, government issued photo identification) to participate in this Contest. Failure to provide such proof to the satisfaction of the Sponsor in a timely manner may result in disqualification of the applicable Submission and/or Contestant, in Sponsor’s sole and absolute discretion.
Submissions will be deemed to have been submitted by the Authorized Account Holder (defined below) of the social media account. “Authorized Account Holder” is defined as the natural person who is assigned to a social media account. In the event of a dispute over the ownership of a social media account, the prize will be awarded to the Authorized Account Holder of the designated social media account.
Sponsor and Prize Suppliers shall not be responsible for lost, late, ineligible, damaged or misdirected entries, printing of the offer, administration of the Contest or in the announcement of the prize.
7. JUDGING, NOTIFICATION, AND ODDS: A panel of qualified judges will conduct judging of all Qualified Submission received during the Contest Period. Each Qualified Submission will be judged based on the following criteria:
Relevancy to brand
Overall influence in the social and digital space
At any time before, during or after the Contest Period, Sponsor may post Qualified Submissions online (including on its website and third-party websites) for advertising and promotional purposes. Posting of this/these Submission(s) does not increase a Contestant’s chance of winning. The Qualified Submissions that are selected based on creativity, relevancy to brand and overall influence in the social and digital space will be deemed as a winner (“Selected Contestants”).
8. WINNER NOTIFICATION: On or about November 29, 2015 after the close of the Contest Period, Selected Contestants will be notified via the means in which their entry was received – Instagram (“Notification”) within seven (7) business days following their selection. The potential winner must respond via email within 48 hours of notification attempt. If potential winner cannot be contacted or does not respond within 48 hours from the time the Administrator first tries to notify the potential winner, and/or is not in compliance with the Official Rules and/or if the prize notification is returned as undeliverable, such potential winner will forfeit all rights to win the Contest or receive the prize. All winners will be required to respond as directed therein to the e- mail and/or phone notification within the time period specified in the notification. Failure to respond timely to the notification will result in forfeiture of the prize, and in such case, Sponsor may choose another Entry from among the remaining eligible Submissions. Each winner will also be sent an affidavit of eligibility / liability / publicity release (“Release”). Unless restricted by law, each winner will be required to complete and return the Release within the time period specified therein. As a condition of receiving a prize, each winner shall provide a perpetual non-exclusive license to the Released Parties to use the Submission, the winner’s name and likeness in any and all media throughout the world, in perpetuity, for any purpose whatsoever, and without any additional compensation, the term of which shall be the entire life of the copyright. Should the winner be unwilling or otherwise unable to grant the license or provide such permissions and/or releases or otherwise cannot accept or receive the prize for any reason, an alternate contestant will be selected by Sponsor from the remaining eligible Entries until a contestant who is able to meet all requirements is selected. Each winner must provide Sponsor with all required signatures on the Release and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive any prize.
9. PRIZES, PRIZE RESTRICTIONS: Three (3) Winners will each receive a two hundred dollar ($200.00) Neiman Marcus gift card to be used towards their fragrance of choice. Total Approximate Retail Value (ARV) of all three Neiman Marcus gift cards equals six hundred dollars ($600.00).
Sponsor reserves the right to substitute all or part of the Prize with a prize of equal or greater value. If Sponsor is unable to contact the Winner within forty-eight (48) hours from the first notification attempt, or if the Winner (i) fails to complete and have returned all requested documents by the specified date, (ii) is found to be ineligible, or (iii) fails to comply with the Official Rules, the Prize will be forfeited and an alternate winner will be selected from among all non-winning eligible entries. If Prize confirmation message via email is returned as undeliverable, Prize will be forfeited and Sponsor will select an alternate winner from among all non-winning eligible entries. In the event the ARV is greater than the actual cost of the Prize, no refund for the difference will be provided. In the event that the Winner does not use any portion of the Prize, there will be no extension, transfer, substitution, reimbursement, or compensation provided. If for any reason whatsoever Winner is unable to use the Prize for any reason after arrangements have been made and paid, Sponsor shall have no further obligation to the Winner. The acceptance or use of the Prize constitutes permission for Sponsor to use adult Winner’s names and addresses (city and state) for promotional purposes on a worldwide basis, and in all forms of media, in perpetuity, without notice or further compensation. Winner agrees to release, discharge, indemnify, and hold harmless the Sponsor, Facebook, Inc., and their respective parent companies, affiliates, directors, officers, employees, and agents, from any claims due to any injuries, damages or losses to any person (including death) or property, resulting in whole or in part from acceptance or enjoyment of the Prize, or participation in the Contest. No substitutions are allowed and the Prize may not be transferred, conveyed or auctioned. A purchase will not increase chances of winning.
Prizing is limited to what is listed in these Official Rules. If selected winner is unable to claim the prize on the stated date, prize will be forfeited and another winner will be selected. Selected winner is not entitled to any surplus between the actual value of the prize and stated retail value. In the event Sponsor is unable to award a prize as stated, winners will receive a substitute prize of equal or greater value, at Sponsor’s sole discretion. A winner may not transfer his or her prize to another person. Any costs or fees not specifically listed herein are the responsibility of the respective winner. Winners may expect fulfillment of prize within four (4) to six (6) weeks, unless otherwise noted above or notified by Sponsor.
10. TAXES: All federal, state and other taxes are the responsibility of the Winner. Sponsor will report the value of the Prize awarded as required by law and the Winner will receive an IRS Form 1099 for prizes valued in excess of $600.00. The Prize is not transferable, not for resale or auction, and has no cash surrender value. Entrants are encouraged to contact their own tax advisor regarding potential tax implications, if any, of this Contest.
11. PUBLICITY: Except where prohibited, Sponsor reserves the right to use Submissions to the Contest for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the name, likeness, voice, opinions, biographical information, hometown and state of any Contestant, including all or part of their photo throughout the world, in perpetuity, without any compensation or prior review.
12. PRIVACY: Sponsor and Prize Suppliers shall use entrant’s information for internal promotional purposes only and shall not sell or transmit any contact information to any other third party.
13. TERMS AND CONDITIONS: Released Parties shall not be liable to contestant for failure to supply any prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the Released Parties’ control. Sponsor is not responsible for: (a) lost, late, misdirected, undeliverable, incomplete or indecipherable Submissions due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (b) technical failures of any kind; (c) failures of any of the equipment or programming associated with or utilized in the Contest; (d) unauthorized human and/or mechanical intervention in any part of the submission process or the Contest; (e) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from any contestant’s participation in the Contest or receipt or use of any prize.
The Released Parties reserve the right to disqualify any contestant they find to be violating these Official Rules. Sponsor reserves the right to require any winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any Submission will not bring Sponsor into public disrepute, contempt, scandal or ridicule or will not reflect unfavorably on the Contest as determined by Sponsor in its sole discretion. Sponsor further reserves the right to require any winner to enter into confidentiality and non-disclosure agreement to protect any proprietary information that winner may receive pursuant to the Contest. Sponsor reserves the right to extend, cancel, or suspend the Contest in its sole discretion should it receive fewer than fifty (50) Submissions or due to circumstances beyond its control, including natural disasters. Sponsor has the right, but not the obligation, to use any winning Submission. Sponsor may, in its sole discretion, cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond Sponsor’s control corrupt the administration, security or proper play of the Contest. Sponsor may prohibit a contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such contestant is attempting to undermine the legitimate operation of the Contest by cheating, plagiarizing, engaging in any deception or any other unfair playing practices or intending to annoy, abuse, threaten, undermine or harass any other players or Sponsor representatives. Any attempt to deliberately damage or undermine the legitimate operation or fair play of the Contest may be in violation of criminal and civil laws and will result in disqualification from participation in the Contest. Should such an attempt be made, the Released Parties reserve the right to seek remedies and damages, including attorney fees, to the fullest extent of the law, including criminal prosecution.
Contestants must have the permission of any person identified or referred to in the Submission. The Submission must not contain information that is in violation of any state or federal laws or regulations in any state where the Submission is created, and the Submission must not contain material that is inappropriate, indecent, obscene, hateful, discriminatory, tortious, defamatory, slanderous or libelous. The Submission must not disparage Sponsor. The Submission must comply with the Instagram Terms of Service and Acceptable Use Policy, available at https://help.instagram.com/478745558852511. The Sponsor will not be held liable for any violation(s) of the Terms of Use as defined by Instagram.
By submitting your Submission, you agree that the Submission conforms to these Official Campaign Rules, and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission does not comply with these Official Campaign Rules, or does not meet Sponsor’s standards for any reason. As determined by Sponsor in its sole discretion, such Submission (and the related Entry) may be rejected as ineligible for consideration.
14. DISPUTES: Except where prohibited by applicable law and as a condition of participating in this Contest, each entrant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this Contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor and Prize Suppliers, shall be governed by, and construed in accordance with, the internal laws of the State of Texas and venue for any legal action or claim must be brought in a court of competent jurisdiction in Texas.
15. WINNERS LIST: A list of all Winners will be available upon request. For more information, please contact Brickfish at 209 West Jackson Boulevard, Chicago, IL 60606.
BRICKFISH is a registered trademark of Social Mecca Inc. dba Brickfish. ©2015. All rights reserved.



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