Lash Allure MD $100,000
Giveaway
OFFICIAL RULES
Please read the giveaway rules/terms of service below and click the button here acknowledging that you have read, understand and agree to them.
NO
PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING.
1. Eligibility
The Lash Allure MD $100,000 Giveaway (the
“Giveaway”) is open only to legal residents of the fifty (50) United States
(including District of Columbia) eighteen (18) years of age or older at the
time of participation. Void in Guam, Puerto Rico, the U.S. Virgin Islands, and
other U.S. territories and possessions and where prohibited by law. Employees
of Beauty BioSciences LLC, or
other companies associated with the promotion of the Giveaway, as well as the
immediate family (spouse, parents, siblings, and children) and household
members (people who share the same residence at least three (3) months out of
the year) of each such employee are not eligible. The Giveaway is subject to
federal, state, and local laws and regulations and is void where prohibited by
law.
2. Sponsor
Beauty BioSciences LLC, 6060 North Central Expressway, Suite 508, Dallas,
TX 75206.
3.
Agreement to Official Rules
Registration and/or participation in the Giveaway constitutes a participant’s full and unconditional agreement
to and acceptance of these Official Rules and the decisions of the Sponsor,
which are final and binding. Winning a prize is contingent upon fulfilling all
requirements set forth herein. Persons who have not affirmatively indicated
their acceptance of the Official Rules are not eligible to participate or win.
4. Giveaway Submission Period
You may submit an entry in the Giveaway between
12:00PM Central Time (“CT”) on October 6, 2009 and 11:59PM CT on November 30,
2009 (the “Giveaway Submission Period”). Sponsor is the official time keeper
for the Giveaway.
5. To
Enter
To enter the Giveaway you first
must go to LashAllureMD.com and register to become an entrant. Registration is free. To register you
must provide your name, email address, city, state and zip code. After you become registered there are
two ways to enter the Giveaway (a “Submission”) during the Giveway Submission
Period:
(1)
Record
your own video stating what you will do with $100,000 and post the video on your or
Lash Allure’s YouTube channel with the following video tags (Lash Allure, Lash
Allure MD. LashAllure, LashAllureMD, 100K, giveaway, entry); or
(2)
Download
a generic video from LashAllureMD.com and draft a paragraph (in 1000 characters or
less) regarding what you will do with $100,000 and post it on Lash Allure’s
YouTube channel with the following video tags (Lash Allure, Lash Allure MD.
LashAllure, LashAllureMD, 100K, giveaway, entry).
All
Submissions must meet the requirements set forth below in Section 6 and Section
7. All materials submitted become the property of the Sponsor and will not
be returned.
6. Terms of Submission
As conditions of entry into this Giveaway, and by
uploading a Submission, each Entrant:
§ WARRANTS AND REPRESENTS THAT THE ENTRANT OWNS ALL
RIGHTS TO THE SUBMISSION HE/SHE IS ENTERING IN THIS GIVEAWAY, INCLUDING,
WITHOUT LIMITATION, THE VIDEO OR DIGITAL RECORDING, AND THE PERFORMANCE
CONTAINED IN EACH SUBMISSION;
§ WARRANTS AND REPRESENTS THAT THE ENTRANT IS THE
INDIVIDUAL PICTURED AND HEARD IN THE SUBMISSION, OR, ALTERNATIVELY, THAT THE
ENTRANT HAS OBTAINED PERMISSION FROM EACH PERSON WHO APPEARS IN THE SUBMISSION
TO GRANT THE RIGHTS TO THE SPONSOR DESCRIBED IN THESE RULES, AND CAN MAKE
WRITTEN COPIES OF SUCH PERMISSIONS AVAILABLE TO THE SPONSOR UPON REQUEST;
§ WARRANTS AND REPRESENTS THAT HIS/HER SUBMISSION(S):
(a) ARE ORIGINAL TO THE ENTRANT AND HAVE BEEN LEGALLY OBTAINED AND CREATED, (b)
DO NOT INFRINGE THE INTELLECTUAL PROPERTY, PRIVACY OR PUBLICITY RIGHTS OR ANY
OTHER LEGAL OR MORAL RIGHTS OF ANY THIRD PARTY, OR VIOLATE APPLICABLE LAWS,
REGULATIONS, OR NETWORK STANDARDS; (c) HAVE NOT BEEN ENTERED IN OR WON PREVIOUS
giveawayS OR PROMOTIONS; AND (d) HAVE NOT BEEN PUBLISHED PREVIOUSLY IN ANY
MEDIUM;
§ Irrevocably
grants to Sponsor and their affiliates, legal representatives, assigns, agents
and licensees, the unconditional and perpetual right and permission to
copyright (as appropriate), reproduce, encode, store, copy, transmit, publish,
post, broadcast, display, publicly perform, adapt, exhibit and/or otherwise use
or reuse (without limitation as to when or to the number of times used), the
Entrant's name, address, image, voice, likeness, statements, biographical
material and Submission, including, but not limited to, the video or digital
recording and performances contained in any of the above items (in each case,
as submitted or as edited/modified in any way by the Sponsor, in the Sponsor’s
sole discretion), as well as any additional photographic images, video images,
portraits, interviews or other materials relating to the Entrant and arising
out of his/her participation in this Giveaway (with or without using the
Entrant's name) (collectively, the “Additional Materials”) in any media
throughout the world for any purpose, without limitation, and without
additional review, compensation (except if required by law), or approval from
the Entrant or any other party.
§ Forever
waives any rights of privacy, intellectual property rights, and any other legal
or moral rights that may preclude the Sponsor’s use of the Entrant's Submission
or Additional Materials, or require the Entrant's permission for Sponsor to use
them for any purpose, and agrees to never sue or assert any claim against the
Sponsor’s use of those Materials or under any theory of contract or tort law;
and
§ Agrees
to indemnify and hold the Sponsor and their respective affiliates, officers,
directors, agents, co-branders or other partners, and any of their employees
(collectively, the “Promotion Indemnitees”), harmless from any and all claims,
damages, expenses, costs (including reasonable attorneys' fees) and liabilities
(including settlements), brought or asserted by any third party against any of
the Promotion Indemnitees due to or arising out of the Entrant's Entry
Materials or Additional Materials in this Promotion, or the Entrant's conduct
during and in connection with this Promotion, including but not limited to
trademark, copyright, or other intellectual property rights, right of
publicity, right of privacy or defamation.
§ Agrees
to release, indemnify and hold harmless Sponsor from any and all claims that
any commercial, advertising, presentation, web content or any other material
subsequently produced, presented, and/or prepared by or on behalf of Sponsor
infringes on the rights of Entrant's work as contained in any Submission.
7. SUBMISSION FORMAT AND CONTENT
REQUIREMENTS
Creative Assignment for
the Giveaway
Tell us what
you will do with $100,000.
Technical
Requirements for Video Submission
- The
title of the video must be Lashes to Riches Entry: [YOUR NAME].
- Must
include the phrase “Lash Allure MD” in a readable or audible format
somewhere in the video.
- You
must include the following tags in your video: Lash
Allure, Lash Allure MD, LashAllure, LashAllureMD, 100K, giveaway, entry.
- Video
file(s) of any Submission entered in the Giveaway must be less than 5
minutes in length.
- The
maximum file size for any single video file uploaded is 2GB.
- Video
file(s) submitted must be provided in one of the following file formats:
. mov, .avi, .wmv, and .mpg.
Technical
Requirements for Paragraph Submission
·
Must be 1000 characters or less.
Additional Requirements
- Submissions
must be in English
- No
swearing
- No
nudity
- Nothing
violent or offensive
- No
weapons
- No
drug use, smoking nor drinking of alcohol
- No
image and/or artwork that you did not create
- Any
materials that are unlawful
- Nothing
defamatory
- No
threats of violence
- All
entries must be received by 11:59PM CT on November 30, 2009.
- Submission
cannot favorably mention or reference a competitor of the Sponsor.
- Submissions
will not be returned. Sponsor may, in its sole discretion, remove, delete
and/or disqualify Submissions deemed to be inappropriate or otherwise
non-compliant.
- Submission
must not contain any copyrighted works.
- All
submissions will be reviewed for content before being published; however,
such review does not relieve Entrant from responsibility for compliance
with the Official Rules. Submissions that do not comply with the Official
Rules or that otherwise contain prohibited, or inappropriate content as
determined by the Sponsor, in its sole discretion, will be disqualified
and will not be published or considered for a prize. Sponsor makes the
final determination as to which Submissions are eligible to take part in
this Giveaway and be considered for a prize.
8. Winner Selection
All Submissions will be posted on YouTube.com for
public voting. People will be
allowed to vote on Submissions from October 6, 2009 to December 21, 2009**. The
Grand Prize winner will be the one entrant whose Submission has the highest combined
total of YouTube ratings and comments at the end of the voting process. A Submission
can only receive one rating per YouTube username for the duration of the voting
period. Entrants can receive multiple comments from the same YouTube username,
however, only one comment per day per YouTube username will be accepted and
counted as a vote. Rating counts as one vote regardless of the value of the
rating. In the unlikely event that public voting results in a tie, the winner
will be selected by a random event (i.e. coin flip). If an entrant has more
than one Submission the ratings and comments for those Submissions will not be
added together. Entrants
agree that the Sponsor has the sole right to decide all matters and disputes
arising from this Giveaway and that all decisions of Sponsor are final and
binding. The Grand Prize winner will be announced on or about January 1, 2010.
** A point of clarification on the date which the voting shall end.
The voting period will last until December 21, 2009. Voting will end exactly on December 21th, 2009 at 11:59:59 PM CST.
9. Verification of Potential Winner
Potential winner must continue to comply with all
terms and conditions of these Official Rules, and winning is
contingent upon fulfilling all requirements. The potential winner will be
required to sign and return to Sponsor, within seven (7) days of the date
notice is sent, an affidavit of eligibility, and liability/publicity release
(except where prohibited) in order to claim his/her prize if applicable. If the
potential winner cannot be contacted, fails to sign and return the affidavit of
eligibility and liability/publicity release within the required time period (if
applicable), or if the prize or prize notification is returned as
undeliverable, potential winner forfeits prize. In the event that a potential
winner of a sweepstakes prize is disqualified for any reason the Finalist
receiving the next greatest number of votes will become the Potential Winner.
10. Grand Prize
ONE (1) GRAND PRIZE WINNER will
receive One Hundred Thousand Dollars ($100,000). Prize is non-transferable. All
taxes on prize are winner’s sole responsibility. The winner is responsible for
taxes and all other costs and expenses not listed above. Total approximate
retail value of the prize is $100,000.
11.
General Conditions
In the event that the operation, security, or
administration of the Giveaway is impaired in any way for any reason,
including, but not limited to fraud, virus, or other technical problem, the Sponsor
may, in its sole discretion, either: (a) suspend the Giveaway to address the
impairment and then resume the Giveaway in a manner that best conforms to the
spirit of these Official Rules; or (b) award the prize in a random drawing of
all eligible participants at the time of the impairment. The Sponsor is only
responsible for funding the prize set forth above. The Sponsor reserves the
right in its sole discretion to disqualify any individual it finds to be
tampering with the operation of the Giveaway or to be acting in violation of
these Official Rules or in an unsportsmanlike or disruptive or damaging manner.
Any attempt by any person to undermine the legitimate operation of the Giveaway
may be a violation of criminal and civil law, and, should such an attempt be
made, the Sponsor reserves the right to seek damages from any such person to
the fullest extent permitted by law. Failure to enforce any term of these
Official Rules shall not constitute a waiver of that or any other provision. In
the event of a dispute as to any registration, the authorized account holder of
the e-mail address used to enter will be deemed to be the participant. The
“authorized account holder” is the natural person who is assigned to an e-mail
address by an Internet access provider, online service provider, or other
organization responsible for assigning e-mail addresses for the domain
associated with the submitted email address.
12.
Release and Limitations of Liability
Except where prohibited, by registering and/or
participating in the Giveaway, respondents agree to release and hold harmless
the Sponsor, its related companies, and each of their respective officers,
directors, employees, and agents (collectively, the “Released Parties”) from
and against any claim or cause of action arising out of preparation for or
actual participation in the Giveaway or receipt or use of the prize, including,
but not limited to: (a) unauthorized human intervention in the Giveaway; (b)
technical errors related to computers, servers, providers, or telephone or
network lines; (c) printing errors; (d) lost, late, postage-due, misdirected,
or undeliverable mail; (e) errors in the administration of the Giveaway; (f)
loss or damage to Submissions; or (g) injury or damage to persons or property
which may be caused, directly or indirectly, in whole or in part, from
participant’s preparation for or participation in the Giveaway or receipt or
use of the prize. Except where prohibited, participant agrees that: (a) any and
all claims, judgments and awards allowed under the Official Rules shall be
limited to actual out-of-pocket costs incurred, including costs associated with
participation in the Giveaway but in no event attorneys’ fees; and (b) under no
circumstances will participant be permitted to obtain awards for, and
participant hereby waives all rights to claim, punitive, incidental and
consequential damages and any other damages, and any and all rights to have
damages multiplied or otherwise increased. Some jurisdictions do not allow the
limitation or exclusion of liability for incidental or consequential damages,
so the above may not apply to you.
13.
Disputes
Entrant agrees that: (i) any and all disputes,
claims and causes of action arising out of or connected with this Sweepstakes,
or any prizes awarded, other than those concerning the administration of the
Sweepstakes or the determination of winners, shall be resolved individually,
without resort to any form of class action; (ii) any and all disputes, claims
and causes of action arising out of or connected with this Sweepstakes, or any
prizes awarded, shall be resolved exclusively by the United States District
Court or the appropriate Texas State Court located in Dallas, Texas; (iii) 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 (iv) 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. SOME JURISDICTIONS DO NOT ALLOW THE
LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES,
SO THE ABOVE MAY NOT APPLY TO YOU. 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 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 (whether of the State of Texas or any other
jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of Texas.
14.
Privacy
Winner’s name and
contact information will be shared by Sponsor in order to contact winner for
the purpose of fulfillment of prize. Information supplied by non-winning
entrants will be governed in accordance with Sponsor’s privacy policy, which is
posted at http://www.lashalluremd.com/privacy.html.
15.
Results
Entrants
may request the name of the winner by sending a self-addressed stamped envelope
to Winners List - The Lash Allure MD
$100,000 Grand Giveaway c/o Beauty BioSciences, 6060 North Central
Expressway, Suite 508, Dallas, TX 75206.
