USHER SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN, NOR WILL A PURCHASE OR PAYMENT IMPROVE ONE’S CHANCES OF WINNING. MANY WILL ENTER. FEW WILL WIN. VOID WHERE PROHIBITED.

1. SPONSOR: Elizabeth Arden, Inc., 200 Park Avenue South, 7th Floor
New York, NY 10003.

2. ADMINISTRATOR: Ventura Associates, Inc., 1040 Sixth Avenue, New York, NY 10018, an independent judging organization whose decisions are final and binding with respect to the sweepstakes (“Sweepstakes”).

3. ENTRY: During the period commencing at 12:01 A.M., December 7, 2009, and ending at 11:59:59 P.M., January 17, 2010 (“Entry Period”), this Sweepstakes may only be entered via the Internet by logging in to ushervipsweeps.com (“Website”) and following the “How to Enter” instructions (“Entry”). You will be asked to tweet a comment through your Twitter account about the Usher VIP Fragrance and include #UsherVIP in the tweet. Tweets containing the comment and #UsherVIP are automatically entered into the Daily Drawings. Tweets containing the comment, #UsherVIP, along with an image of yourself at the Usher fragrance counter at fine department stores (“Photo”), will be automatically entered into both the Daily Drawings and Grand Prize Drawing. (“Entry”) For purposes of these Official Rules (“Rules”), all times and days are Eastern Time. Normal Internet access and usage charges imposed by your online service will apply.

4. LIMITATIONS: All Entries must be received by 11:59:59 P.M., January 17, 2010. Entries are limited to one (1) Entry per person/ email address per day (“Address”). In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Address is registered. Entries by any method other than set forth above in Section 3 are void. Any use of automated or programmed methods of effecting Entry is prohibited. Open only to persons, who are, as of Entry, registered users of Twitter,18 years of age or older, legal residents of, and physically located within, the 48 Continental United States or D.C., (collectively, “Territory”) and not employees of Sponsor, Bratskeir, Twitter, or Administrator; their respective parent, subsidiary or affiliated companies; or the advertising, promotional or fulfillment agencies of any of them (individually and collectively, “Entities”); nor members of their households or immediate families (defined as parents, children and their spouses). Neither the Entities, nor any of their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the Territory; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Rules; or for lost, interrupted or unavailable network, server, Internet Service Provider, Website or other connections; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified. Void where prohibited and subject to all applicable federal, state, local and municipal laws and regulations.

5. PRIZES: ONE (1) GRAND PRIZE: A two (2) day / one (1) night trip for winner and one (1) guest, who must be over the age of 18, (“Group”) to a city in the continental United States (“City”), on Sponsor-selected dates (“Trip”) consisting of the following elements for the Group: [1] two (2) tickets to a concert venue to be determined to attend an Usher Concert and meet Usher, subject to availability, scheduling and Sponsor’s discretion (“Concert/Meet and Greet”), [2] hotel accommodations (one standard room/double occupancy, including room tax) for one (1) night; [3] hotel/Meet and Greet transfers; [4] one (1) dinner (awarded as a check); [5] if winner’s residence is located more than two hundred fifty (250) miles from the City, round-trip coach air transportation on a Sponsor-selected carrier between a Sponsor-selected major metropolitan airport near winner’s residence (“airport of origin”) and a Sponsor-selected major airport in or near the City; but if winner’s residence is located less than two hundred fifty (250) miles from the City, round-trip ground transportation via a Sponsor-selected method between winners’ residence and the hotel; and [6] airport/hotel transfers. Approximate Retail Value (“ARV”): $3,000, which will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. All expenses not specifically mentioned herein are not included and are solely the winner’s responsibility, including but not limited to: round trip transportation between the winner’s residence and any airport of origin, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. Grand Prize winner must take Trip on Sponsor-selected dates before December 31, 2010, or Grand Prize will be forfeited in its entirety and, at Sponsor’s discretion, awarded to an alternate winner if time permits. Travel must be made through Sponsor’s agent and Sponsor shall determine airline and flight itinerary in its sole discretion. Releasees are not responsible for airline cancellations or delays. FORTY-TWO (42) FIRST PRIZES (Awarded one per day): One (1) Usher Fragrance. Total ARV of all prizes: $5,520. Limit one prize per person/Address. If the actual value of a prize is less than the stated ARV, the difference will not be awarded. Any depiction of prizes is for illustrative purposes only. Prizes are not redeemable for cash or transferable, except a Grand Prize is transferable to a surviving spouse residing in the same household. No substitution allowed except, at Sponsor’s sole discretion, a prize of equal or greater value may be substituted. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates or prizes. Prize elements may not be separated. Airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles, and no code share flights may be used. Grand Prize cannot be used in conjunction with any other promotion or offer. All prizes will be awarded provided a sufficient number of eligible Entries are received and prizes are validly claimed by March 31, 2010, after which no alternate winners will be selected, nor unclaimed prizes awarded.

6. PROCEDURES: All Entries must be received during the Entry Period. One (1) First Prize Winner will be selected from eligible entries received each day during the Entry Period. Each First Prize Drawing will be conducted on or about 2 business days after the applicable entry date. On or about February 4, 2010, in a random drawing conducted by the Administrator, the potential Grand Prize Winner will be selected from among all eligible Entries received which, along with the #UsherVIP tweet, also include a Photo of the entrant standing in front of the Usher fragrance counter at fine department stores. The decision of the Administrator shall be final and binding. Odds of winning depend on the total number of eligible Entries received.

7. WINNERS: On or about February 5, 2010, the potential Grand Prize winner will first be contacted by Direct Message so be sure to follow @UsherVIPSweeps and then will be notified by overnight delivery service. First Prize Winners will be notified by Direct Message within 3 business days of the drawing. All legal responsibilities under the Rules of a minor (as defined by state of primary residence) will be assumed by a parent/legal guardian (“Parent”); If Grand Prize is won by a minor, it will be awarded in the name of the Parent. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: [1] potential winner’s failure to respond to notice within three (3) calendar days after mailing; [2] the return of any notice or prize as undeliverable; [3] potential winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; [4] potential Grand Prize winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within five (5) business days after its mailing; [5] potential Grand Prize winner’s failure to be available to make the Trip on Sponsor-selected dates; [6] potential First Prize winner’s failure to claim a prize within four (4) days after it is sent; [7] potential winner’s failure to validly claim any prize by March 31, 2010, and [8] any other non-compliance with Rules. All First Prizes for qualified winners will be delivered within 8 – 10 weeks of the conclusion of the Sweepstakes. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. Winner and Guest must travel together on the same itinerary and are solely responsible for obtaining all necessary travel documents (i.e. valid photo I.D, etc.) before departure. Guest will be required to execute a Release of Liability prior to ticketing. If the winner is a minor, s/he must be accompanied on the Trip by his/her Parent as the Guest. All taxes are solely the responsibility of the winner; and the Grand Prize winner will receive an IRS Form 1099 reflecting the value of his/her prize.

8. PRIVACY POLICY/DATA COLLECTION: Except as otherwise contemplated in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, information provided by you for this Sweepstakes is subject to the privacy policy located at ushervipsweeps.com/privacy.php.

9. CONDITIONS: By entering this Sweepstakes and/or accepting any prize you may win, you agree, represent and warrant that: [1] you have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; [2] you will abide by and be bound by the Rules and the Sponsor’s decisions and Privacy Policy; [3] the Entry becomes solely the Sponsor’s property and will not be acknowledged or returned; [4] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of any prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [5] the prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [6] winner’s acceptance of any prize constitutes the grant to Sponsor and assigns of an unconditional right to use winner's name, address (city and state only), voice, likeness, photograph, biographical and prize information and/or statements about the promotion for any programming, publicity, advertising and promotional purposes without additional compensation, except where prohibited by law; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism or other matters beyond the Sponsor’s reasonable control, corrupt, prevent or impair the administration, security, fairness or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate or suspend the Sweepstakes; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable and in the event the Trip has already commenced, to terminate the Trip and return the Group to any airport of origin as soon as reasonably possible; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including but not limited to: errors in the advertising, Rules, selection and announcement of the winners and distribution of the prizes; [9] any portion of any prize not accepted or used by any winner will be forfeited; [10] the Releasees are not responsible for any inability of any winner to accept or use any prize (or any portion thereof) for any reason; [11] the Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Website; (b) violating the Rules; (c) violating the terms of service, privacy policy or other terms, conditions of use and/or general rules or guidelines of any Sweepstakes property or service or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or for any other good cause as determined solely by the Sponsor; [12] Sponsor has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] since any attempt by any individual to damage the Website or undermine the legitimate operation of this Sweepstakes or the Website is a violation of these Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules or any prize awarded shall be resolved by applying the laws of New York, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys’ fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages and any other damages, other than for actual out-of-pocket expenses and waives all rights to have damages multiplied or otherwise increased; [17] Sponsor has the right to modify prize award procedures at its sole discretion; [18] in the unlikely event of the cancellation, unavailability or postponement of the Concert/Meet and Greet due to circumstances beyond Releasees’ reasonable control, the Releasees are not responsible. If such occurs, the Trip will be awarded without that element of the prize; [19] Grand Prize winner’s acceptance of the Grand Prize constitutes the grant of an unconditional right to Sponsor and assigns to photograph, film, or otherwise capture the fulfillment of the Grand Prize (“Filming”), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use these photographs and footage throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [20] you grant the Sponsor a non-exclusive, perpetual, irrevocable license to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Filming, throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions; [21] Sponsor’s use of the Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals or license fees; [22] Sponsor shall have the right to make such changes to the Filming and make such uses thereof as it deems necessary or desirable, including but not limited to the right to use, edit, and reproduce and/or alter said Filming in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit or attribution; [23] Sponsor has the right to conduct a background check (“Check”) of any and all records of the Grand Prize Winner (or winner’s Parent (“Winner’s Parent”) if the Grand Prize Winner is a minor, as defined by state of primary residence), including without limitation, civil and criminal court records and police reports, which he/she; to the extent necessary under law, shall authorize; [24] Sponsor has the right to conduct a Check of any and all records of the winner’s guest including without limitation, civil and criminal court records and police reports, which he/she; to the extent necessary under law, shall authorize; [25] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by the Grand Prize Winner (or Winner’s Parent) and the winner’s guest, and he/she will be obligated to provide necessary contacts and information for the Check; [26] if a felony conviction is found, Sponsor has the right, in its sole discretion, to disqualify the Grand Prize Winner or the winner’s guests from participating in the Trip and to pay the winner a cash substitute for the Trip. Winner’s guest will not get a cash substitute.

10. WINNERS’ LIST: For a list of winners (after February 28, 2010 and before March 31, 2010), send a self-addressed, stamped envelope to: Usher/Twitter Sweepstakes Winner, c/o Ventura Associates, Inc., Dept. SG, 1040 Sixth Avenue, NYC, NY 10018. A copy of the Rules may also be obtained by printing this web page.

USHERVIPSWEEPS.COM
PRIVACY POLICY
UNITED STATES

Elizabeth Arden, Inc. ("we" or "Elizabeth Arden") has created this Privacy Policy to demonstrate our commitment to your privacy. This policy sets forth our information collection and use practices only for the website located at www.ushervipsweeps.com (the "Site") and does not apply to any other Elizabeth Arden website or service. If you do not agree to the terms and conditions of this Privacy Policy, you may not access or otherwise use this Site. We also direct you to our Terms of Conditions and Use statement, which governs your use of the Site, as well as the Official Rules of the Usher VIP Contest (the “Contest”).

INFORMATION ELIZABETH ARDEN COLLECTS

1. Personally Identifiable Information.

When using the Site, we may ask you to provide us with certain personally identifiable information ("PII"), which is information that could reasonably be used to identify you personally. For example, we may seek PII when you register with us or at other times, such as if you choose to participate in a game, chat room, electronic bulletin board, contest, sweepstakes, or other promotional event. PII can include your name, address, e-mail address, telephone number or mobile telephone number, and date of birth. We may also ask you to create a screen name and/or a password, where applicable, and provide us with demographic information (such as information about your age or gender), information regarding your interests, or similar information.

You may also have the opportunity to provide us with the PII of a friend (or for a friend to provide such information about you), such as a name or an e-mail address, if you choose to e-mail a friend an electronic greeting card or participate in another special feature on the Site. The e-mail addresses you supply to us for these purposes will not be used to send to you (or to your friend) other e-mail communications, including promotional materials, and we will use reasonable efforts to delete such information from our database, unless otherwise disclosed at the time you provide such information.

PII will only be collected when it is voluntarily provided to Elizabeth Arden. You can always choose not to provide certain information, but then you may not be able to take advantage of or participate in certain features of the Site.

2. Non-personally Identifiable Information.

We may also collect from you non-personally identifiable information, such as an IP host address, the pages viewed, the browser type, the Site usage, and other data which do not identify any individual ("Aggregate Information"). When your computer contacts our web servers (for example, when you visit the Site, view an HTML e-mail, or download an interactive desktop from the Site), Aggregate Information may be collected automatically. We also may determine the applicable technology available to serve you the most appropriate version of a web page, e-mail or similar service.

3. Cookies and Tracking Technology.

The Site may use browser "cookies." Cookies are pieces of information that may be placed on your computer by a website for the purpose of facilitating and enhancing your communication and interaction with a particular website. We may use cookies to customize your visit to the Site and for other purposes to make your visit more convenient or to enable us to enhance our service. For example, we may use cookies when we conduct polls or contests to limit multiple responses and registrations, or we may use cookies to track usage patterns on the Site or to analyze web activity. You may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. If you do so, you may still use the Site, but it may interfere with some of its functionality. We do not use cookies to automatically retrieve PII from your computer without your knowledge.

In addition to cookies, the Site uses a variety of technical methods for tracking purposes, including web beacons. Web beacons are small pieces of data that are embedded in images on the pages of websites. Elizabeth Arden also uses these technical methods to analyze the traffic patterns on the www.ushervipsweeps.com website, such as the frequency with which our users visit various parts of the Site.

HOW ELIZABETH ARDEN USES THE INFORMATION IT COLLECTS

1. Personally Identifiable Information.

PII submitted to us is used to deliver the services you request, to keep you informed about changes affecting our services or your account, to inform you of products, including product launches, other services, games or offers from Elizabeth Arden (such as through personalized messages) and its affiliated companies in which you might be interested, and to improve and enhance the Site and services. If you provide PII to Elizabeth Arden, we will take all reasonable and appropriate steps to protect it from unauthorized disclosure.

In addition to the uses of PII explained above, by giving Elizabeth Arden your telephone and/or mobile telephone number, you expressly authorize Elizabeth Arden to contact you by telephone and send you text messages, if the number you provide is for a mobile telephone. Please be aware that your wireless carrier may charge you for the receipt of such messages, and other charges may apply. If you do not want to receive such messages, you should not provide us with your telephone or mobile telephone number. You may opt-out of receiving such messages by following the opt-out procedures below.

We may conduct joint promotions with other companies. We may share with our promotional partners (and their service providers) certain PII as necessary to conduct the promotion. We will not share this information with our promotional partners for any other purpose unless you provide us with your consent to do so.

We may combine the information we collect about you at the Site with information available to us from other sources. For example, you may provide PII to us at other Elizabeth Arden websites, or our co-promoter or sponsors may provide us with information, including PII, about users who choose to participate in a promotional opportunity the co-promoter or sponsor is offering in connection with Elizabeth Arden.

We will never disclose your PII to any third party who is not affiliated with, a business partner of or a sponsor of Elizabeth Arden without your express consent, except in the following circumstances: (i) in connection with the sale or merger of Elizabeth Arden or the division responsible for such services, (ii) as required by courts or administrative agencies, and (iii) to the extent required to permit us to investigate suspected fraud, harassment or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or any other suspected conduct we deem improper.

For the purposes of administering the Contest offered at the Site, our trusted partners will collect, store and share your PII with us. Our contest partners work on our behalf and have entered into confidentiality agreements with us. At the close of the Contest, our contest administrator will retain all entries for six (6) months and the winning entries for two (2) years.

2. Non-Personally Identifying Information.

Elizabeth Arden may use and disclose Aggregate Information to improve and enhance your experience on the Site and for other purposes. For example, from time to time, we may use and share Aggregate Information with third parties to show general demographic and preference information among users of the Site. In these circumstances, the shared information will neither contain nor be linked to any PII.

SPECIAL NOTICE REGARDING CHILDREN UNDER 13 YEARS OLD

Elizabeth Arden recognizes the sensitivity of PII concerning children under the age of 13 and therefore provides this notice. Elizabeth Arden is committed to complying with all applicable laws and regulations regarding children, including the Children's Online Privacy Protection Act ("COPPA"), which does not allow the collection of any PII from anyone under the age of 13 without a parent's or guardian's consent.

Therefore, in compliance with COPPA, the Site is not directed to children under the age of 13, and Elizabeth Arden does not knowingly collect PII from children under 13 years of age. If you are under 13 years of age, do not send any information about yourself to Elizabeth Arden. When Elizabeth Arden becomes aware that personal information from a child under 13 has been collected without such child's parent's or guardian's consent, we will use all reasonable efforts to delete such information from our database.

OPT-OUT POLICY

If you wish for us to remove your PII from our active records, please go to the "Click here to unsubscribe" link on www.ushersweepsvip.com. Please be aware that we will process your request within a reasonable time after receipt. You should also be aware that we are not responsible for removing your PII from the lists of any third party who has previously been provided with your information in accordance with this policy, such as a business partner. In addition, your ability to opt-out from receiving marketing and promotional material does not change our right to contact you regarding your use of the Site or changes to our Privacy Policy, Terms and Conditions of Use statement or other policy or terms that affect you and your use of the Site.

You cannot be eligible to win the Contest if you opt-out before the Winners are selected.

USER FORUMS
Please review our restrictions on use and guidelines for user forums in our Terms and Conditions of Use statement. In addition, please note that this Privacy Policy does not apply to any information you may disclose publicly in user forums (such as chat rooms, bulletin boards, or similar web pages). You should be aware that whenever you publicly disclose information about yourself online, including uploading photographs to the Site, that information could be collected and used by people you do not know. In addition, certain message boards (and similar user forums) may display IP addresses along with the message poster's name and message. Elizabeth Arden bears no responsibility for any action or policies of any third party who collects any information users may disclose in user forums or other public areas, if any, on the Site.

SECURITY

The security of your PII is very important to us. However, due to the inherent open nature of the Internet, we cannot guarantee that communications between you and Elizabeth Arden, or information stored on the Site or our servers, will be completely free from unauthorized access by third parties such as hackers, and your use of the Site is at your own risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect, including limiting access to the PII contained on our servers. Only those employees who need access to your information to perform their duties are authorized to have access to your PII. Elizabeth Arden also recommends that you keep your information safe by, for example, memorizing your password or securing it in a safe place (separate from your account information), logging out of your user account, and closing your web browser once you leave the Site.

LINKS TO AND FROM OTHER WEBSITES

The Site may contain links to other websites not maintained by Elizabeth Arden, and other websites may reference or link to the Site. These other websites may set their own cookies, collect data, solicit PII, and/or have their own privacy policies. We encourage you to be aware when you leave our Site and to read the privacy policies and terms and conditions of each and every website you visit. Elizabeth Arden is not responsible for the practices or the content of other such websites, expressly disclaims any statements or assertions made on such websites, and denies all liability associated with your use of, and the content on, other such sites.

CONSENT TO TRANSFER

The site is maintained in the United States of America. If you are located in the European Union. Canada or elsewhere outside of the United States, please be aware that any information you provide to us will be transferred to the United States. By using the Site, participating in any of our services, and/or providing us with your information, you consent to this transfer.

ACCEPTANCE AND CHANGES TO POLICY

By visiting the Site, you agree to the terms and conditions of the Privacy Policy. Elizabeth Arden reserves the right to change, modify, alter or otherwise update this Privacy Policy at any time without notice. We will post any changes here, so be sure to visit this page often. If at any time in the future we plan to use your PII in a way that differs from this policy, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Site after we post any changes to this Privacy Policy means you accept such changes.

CONTACT US

If you have any questions, comments or concerns about our privacy practices or this Privacy Policy, you may contact us at: contactus@ushervipsweeps.com.

EFFECTIVE DATE

This Privacy Policy is effective and was last updated on November 24, 2009.
Copyright ©2009 Elizabeth Arden, Inc. All rights reserved.

USHERVIPSWEEPS.COM
TERMS AND CONDITIONS OF USE
UNITED STATES

The following terms and conditions of use apply to all visitors to or users of the www.ushervipsweeps.com website (the "Site").

By visiting the Site, you accept without limitation or qualification these terms and conditions. Elizabeth Arden, Inc. ("Elizabeth Arden") reserves the right to change these rules and regulations from time to time at its sole discretion. You are bound by any such revisions and should therefore periodically visit this page to review the current rules and regulations. In the case of any violation of these rules and regulations, Elizabeth Arden reserves the right to suspend or terminate your access to the Site without notice, as well as all to seek remedies available by law for such violations. These rules and regulations apply to all visits to this Site. You should also review our Privacy Policy, which also governs your visit to the Site, so that you may understand our privacy practices, as well as the Official Rules of the Usher Sweepstakes.

1. Limited License.

All materials contained on this Site are the copyrighted property of Elizabeth Arden. Elizabeth Arden hereby authorizes you to copy materials published by Elizabeth Arden on this Site solely for your personal, non-commercial use. No other use of the information is authorized. Everything you download, the software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by Elizabeth Arden. In consideration of this authorization, you agree that any copy of these materials that you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of Elizabeth Arden or any third party.

ALL CONTENT, INCLUDING, BUT NOT LIMITED TO, TEXT, GRAPHICS, DESIGNS, AND PROGRAMMING, ON THIS SITE IS PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM ELIZABETH ARDEN. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.<

Any unauthorized use by you of the Site terminates the limited license without prejudice to any other remedy provided by applicable law of these terms and conditions.

2. Compliance with Applicable Laws; Export Control Laws.

This Site is subject to United States export control laws and may also be subject to the laws of the country where you reside. No software from this Site may be downloaded or exported (i) into (or to a national or resident of Cuba), Iraq, Libya, North Korea, Iran, Syria, or to any other country to which the United States has embargoed goods, or (ii) anyone on the United States Treasury Department's Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

3. Communications Transmitted to the Site, including User Forums.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments or suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Elizabeth Arden for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Elizabeth Arden is free to use any idea, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

Please be aware that postings to the Site do not necessarily reflect the views of Elizabeth Arden, and Elizabeth Arden shall not assume or have any liability for any posting. Neither shall Elizabeth Arden be obligated to review the accuracy of any posting to the Site. Visitors may not post any information intended to promote and/or generate revenue for any third party business activity. Although Elizabeth Arden periodically monitors the content posted on the Site, we cannot be responsible for the views or opinions expressed by third parties. Elizabeth Arden also reserves the right to edit, delete or refuse to post any messages that are profane, obscene, personal attacks on other individuals, slanderous, defamatory, pornographic, threatening, or harassing, or that contain any other information that Elizabeth Arden deems to be inappropriate for the Site or that in any other way violate these terms and conditions of use, as well as any applicable law.

4. Images of People and Places.

Images of people or places displayed on the Site, if any, are either the property of, or used with permission by Elizabeth Arden. The use of these images by you or anyone else authorized by you, is prohibited unless specifically permitted by Elizabeth Arden. Any unauthorized use of images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

5. Trademarks.

The trademarks, logos and service marks ("Marks") displayed on this Site are the property of Elizabeth Arden or other third parties. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Mark displayed on the Site without the written permission of Elizabeth Arden or such third party that may own the Mark displayed on the Site. Your misuse of the Marks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited. You are advised that Elizabeth Arden will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution. "USHER", “USHER RAYMOND”, “UR” and "USHER VIP" are trademarks of Fast Pace Holdings, LLC.

6. General Disclaimer.

Although Elizabeth Arden has attempted to provide accurate information on the Site, Elizabeth Arden assumes no responsibility for the accuracy of the information. Elizabeth Arden may change the programs or products mentioned at any time without notice. Mention of non-Elizabeth Arden products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

ALL INFORMATION PROVIDED ON THIS SITE IS PROVIDED "AS IS" WITH ALL FAULTS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. ELIZABETH ARDEN DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

ELIZABETH ARDEN SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, OR INCIDENTAL DAMAGES INCLUDING, WITHOUT LIMITATION, INTERRUPTION OF BUSINESS, SYSTEM FAILURES, INCLUDING VIRUSES OBTAINED DURING HYPERLINK, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT GOODS, DATA NON-DELIVERY, MISDELIVERY, CORRUPTION, DISTRUCTION OR OTHER MODIFICATION LOSS OR DAMAGE TO DATA ARISING OUT OF THE USE OF OR INABILITY TO USE THIS SITE, ANY ELIZABETH ARDEN PRODUCT OR LINKS TO ANY THIRD PARTY WEBSITE FROM THE SITE, DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF ELIZABETH ARDEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INACCURACIES OR OMISSIONS IN CONTENT, AND EVENTS BEYOND OUR REASONABLE CONTROL.

7. Product Availability.

Because international information is provided at this Site, not all products or programs mentioned will be available in your country. Please contact us or your local sales representative for information as to products available in your country.

8. Links to Third Party Sites.

This Site may contain links to third party sites. Access to any other Internet site linked to this Site is at the user's own risk, and Elizabeth Arden is not responsible for the accuracy or reliability of any information, data, opinions, advice or statements made on these sites. Your linking to any other site is at your own risk. You should review the terms and conditions of use and privacy policies of all third party web pages and other websites that you visit.

9. Indemnification.

You agree to defend, indemnify and hold Elizabeth Arden and its affiliates and subsidiaries, harmless for any loss, damages, or costs, including reasonable attorney's fees, resulting from any third party claim, action or demands resulting from your use of the Site. You also agree to indemnify us for any loss, damages, or costs, including reasonable attorneys' fees, resulting from your use of any data gathering and extraction tools or any other action you take that imposes an unreasonable burden or load on our infrastructure.|

10. Governing Law.

These rules and regulations shall be construed in accordance with the laws of the State of New York, except that the federal laws of the United States shall govern all issues of copyright and trademark law. Notwithstanding the foregoing, no choice of law doctrine shall be used to apply the laws of any other jurisdiction.

11. Severability.

If any provision of these terms and conditions of use shall be held unlawful, void or unenforceable, then that provision shall be deemed severable from these terms and conditions of use and shall not affect the validity and enforceability of any remaining provisions.

12. Contact Us.

If you have any questions, comments or concerns about our website or these terms and conditions of use, you may contact us at: contactus@ushervipsweeps.com.

13. Effective Date.

This Terms and Conditions of Use Statement is effective and was last updated on November 24, 2009.
Copyright ©2009 Elizabeth Arden, Inc. All rights reserved.