Makeup.com “Make a Statement: Kerastase “Couture Styling” + Alexis Bittar Jewels Giveaway” Official Rules
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.1. ELIGIBILITY: The Makeup. “Kerastase “Couture Styling” + Alexis Bittar Jewels Giveaway” is open to legal residents of the fifty United States and the District of Columbia, who are at least eighteen (18) years of age as of the date of their entry. Employees of Makeup.com (“Sponsor”), VaynerMedia, Inc., their parent companies, affiliates, subsidiaries, advertising and promotion agencies (collectively, the “Promotion Parties”), and the immediate family defined as parents, spouse, children, siblings, grandparents, or persons living in the same household of each are not eligible. This Sweepstakes is void where restricted or prohibited, and is subject to all applicable federal, state and local laws and regulations.
2. TO ENTER: The Sweepstakes will begin at 8:00 AM Pacific Time (“PT”) April 14th, 2014 and end at 5:00 PM Pacific Time (“PT”) on April 20nd, 2014 (“Sweepstakes Period”). Internet access is required to enter and you must have a registered account on makeup.com. Registration on the Website is free. During the Promotion Period, you must: 1) Visit Makeup.com (the “Website”) and click the Login/Register button and follow the directions to login (if you haven’t already) or register. (2) once logged in, click on the “Giveaways” tab in the navigation bar and then click on the “Make a Statement Giveaway" post. (3) On the “Make a Statement” giveaway post page, registered users must leave a comment in the comment box that answers the question, “what do you do to make a statement.” The comment box is located at the bottom of the page and is titled “Join The Conversation”.(4) Once you have entered a comment, click the “Post Comment” button located to the bottom right of the comment box to submit your entry. One (1) entry into the Sweepstakes. All entries must be received by April 22nd 2014 at 5:00 PM PT to be eligible. Limit one (1) entry per person, per email address for the duration of the Sweepstakes Period. Entries received from any person or email address in excess of the above-stated limitation will be void. Entries generated by script, macro or mechanical means and entries made by any means that subvert the entry process are void. In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the authorized account holder of the email used to enter the Sweepstakes. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the email address.
You may be asked to consent to receive promotional e-mails and reminder e-mails from Makeup.com. 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.
3. ENTRY REQUIREMENTS: Entries must comply with these Official Rules and must not defame or libel Sponsor or any third party. Entries that do not comply with these 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 eligible for the prize. Sponsor further reserves the right, in its sole discretion, to edit any entry. Sponsor makes the final determination as to which entries are eligible to take part in this Sweepstakes, and Sponsor’s decisions shall be binding. Entries must be in English. All Entries must be the sole, original work of the entrant. Any Entry or portion thereof that is, in the Sponsor’s sole discretion, obscene, profane, lewd, sarcastic, offensive or defamatory, includes any trademarks, logos or brands (other than the brand names used in the article), violates the proprietary right of any person living or deceased (including but not limited to rights of privacy or publicity or portrayal in a false light) or entity, is otherwise objectionable, or in any way is incomplete, indecipherable, or otherwise not in full compliance with these Official Rules, will be disqualified. Content that includes phrases, trademarked material, logos or other third party materials may be disqualified in Sponsor’s sole discretion. Entrants and winner acknowledge and agree that their entries become the property of the Sponsor. By entering, you agree to waive any rights you may have to the entry submitted. Sponsor makes the final determination as to which entries are eligible to be included in this Sweepstakes, and Sponsor’s decisions shall be binding.
4. SELECTION OF WINNER: One (1) winner will be selected at random from all eligible entries received during the Sweepstakes Period on or about April 22nd, 2014. The winner will be contacted via email at the submitted email address and asked to submit his or her mailing address and phone number. Winner may be required to sign and return, where legal, an Affidavit of Eligibility and Liability/Publicity Release (collectively, “Release”) within seven (7) calendar days of prize notification. If the winner is considered a minor in his/her jurisdiction of residence, Release must be signed by his/her parent or legal guardian and such prize will be delivered to minor’s parent/legal guardian and awarded in the name of parent/legal guardian. If the winner cannot be contacted within five (5) calendar days of first notification attempt, if prize or prize notification is returned as undeliverable, if the winner rejects his/her prize or in the event of noncompliance with these Official Rules, such prize will be forfeited and an alternate winner will be selected from all remaining eligible entries. Upon prize forfeiture, no compensation will be given. Odds of winning are dependent upon the number of eligible entries received during the Sweepstakes Period.
6. PRIZE DESCRIPTION & APPROXIMATE RETAIL VALUE (“ARV”): One (1) SPRAY À PORTER: BEACH TEXTURE SPRAY - $35, One (1) FORME FATALE: BODIFYING ALL-OVER GEL - $35, One (1) MOUSSE BOUFFANT: VOLUMIZING MOUSSE - $36, One (1) BOUCLES D’ART: SCULPTURAL CURLS AQUA-MOUSSE - $36, One (1) LIFT VERTIGE: ROOT-UPLIFTING GEL - $36, One (1) POWDER BLUFF: AEROSOL HAIR POWDER DRY SHAMPOO - $36, One (1) TOUCHE FINALE: SUPERSHINE POLISHING SERUM - $35, One (1) LAQUE DENTELLE: MICRO-MIST FIXING HAIRSPRAY, FLEXIBLE - $35, One (1) LAQUE COUTURE: MICRO-MIST HAIRSPRAY, MEDIUM - $35, One (1) SHORT MANIA: SEMI-SCULPTING PASTE - $35, One (1) GLOSS APPEAL: INSTANT SHINE AND TOPCOAT SPRAY - $36, One (1) Alexis Bittar Golden Multi-Chain Multi-Stone Bib Necklace - $595
Total Prize Valued at $985
No substitution or transfer of the Prize is permitted by the winner. Sponsor reserves the right to substitute a prize of equal or greater value in the event that the prize (or a portion of the prize) is unavailable in its sole discretion. The Prize winner will be solely responsible for all taxes, if any, and any expenses not specified related to acceptance and/or use of his/her Prize. All unspecified expenses are the responsibility of winner. In the event the winner is featured on a website or in any publication or advertising, no additional compensation beyond the Prize will be awarded.
7. SPONSOR’S RIGHTS IN SUBMITTED MATERIALS: By entering the Sweepstakes and submitting information, your entry and/or other materials (“Submitted Materials”), you grant Promotion Parties the irrevocable and perpetual nonexclusive right to use your name and biographical information and entry and to display, print, publish, reproduce, distribute, modify, create derivative works from, promote and provide access to any such Submitted Materials, in any media throughout the world, and without additional consideration. All Submitted Materials must not infringe third-party rights and must be suitable for publication (e.g., may not be obscene or indecent). Sponsor may modify or edit Submitted Materials in its sole discretion. By entering the Sweepstakes, you consent to the use by the Promotion Parties of your name, Submitted Materials, and biographical information for marketing purposes without further compensation or right of approval, unless prohibited by law.
8. RELEASE OF LIABILITY: By participating, you release the Promotion Parties, their respective partners, employees, directors, and agents, including advertising and promotion agencies (“Released Entities”), from and against any and all injury, loss, or damage caused or claimed to be caused by, or arising out of, your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use, and/or misuse of the Prize, and you agree that the Released Entities are not responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the Sweepstakes and/or the awarding of the Prize, except as expressly set forth in these Official Rules. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, Sweepstakes entrant agrees that, by entering the Sweepstakes: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or the prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments, and/or awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. By entering, you agree to defend, indemnify, and hold harmless Released Entities against any and all third-party claims, damages, liabilities, costs, and expenses, including reasonable legal fees and expenses, arising out of or related to any breach by you of any provision of these Official Rules, including, without limitation, your representations and warranties made herein.
9. GENERAL CONDITIONS: Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible or postage-due mail, entries or email; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prizes or in any sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's computer related to or resulting from participating in this sweepstakes or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the sweepstakes or website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the sweepstakes and, if terminated, at its discretion, select the potential winners from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Entrants, by participating, agree that Sponsor, VaynerMedia Inc., and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this sweepstakes. Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
10. ARBITRATION: Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
12. WINNER LIST: For the name of the winner, available after April 22nd, send a self-addressed, stamped envelope by October 16th, 2014, to: VaynerMedia, LLC, c/o Makeup.com Giveaway Winner, 314 Park Ave South, 16th Floor, New York, New York, 10010.
13. SPONSOR/ADMINISTRATOR: The Sponsor of the Sweepstakes is Makeup.com.com, 575 Fifth Avenue, New York, NY 10017. The Administrator of the Sweepstakes is VaynerMedia LLC, 314 Park Ave South, 16th Floor, New York, New York, 10010.
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CLAIMS REGARDING COPYRIGHT INFRINGEMENT
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ADVERTISEMENTS, SPONSORSHIPS, CO-PROMOTIONS AND OTHER PARTNERSHIPS
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USE OF SOFTWARE
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APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, STATUTE OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, CONSEQUENTIAL (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION, WASTED EXPENDITURE, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF GOODWILL, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT, SOFTWARE OR OTHER GOODS OR SERVICES, OR LOSS OF RECORDS, INFORMATION OR DATA), OR ANY OTHER DAMAGES ARISING IN ANY WAY ARISING OUT OF OR RELATED TO: (i) THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE ANY PLATFORM APPLICATIONS OR ANY CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE; OR (ii) ANY CLAIM (INCLUDING FOR PROPERTY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM) ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF, THE SITE OR THE LINKED SITES, OR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR THROUGH THE SITE OR LINKED SITES, EVEN IF WE OR OUR AFFILIATES, OR OUR OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OR SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW (THEREBY MINIMIZING OUR LIABILITY TO YOU TO THE LOWEST AMOUNT THAT APPLICABLE LAW PERMITS).
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR FOR DISPUTES AGAINST US OR ANY OF OUR AFFILIATES IS TO DISCONTINUE YOUR USE OF THE. NOTHING IN THESE TERMS AND CONDITIONS SHALL BE DEEMED TO EXCLUDE OR LIMIT YOUR LIABILITY IN RESPECT OF ANY INDEMNITY GIVEN BY YOU UNDER THESE TERMS AND CONDITIONS.
We may terminate or suspend your access to the Site, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Site (or any portion, aspect or feature of the Site) for any reason, or no reason, at any time in our sole discretion, with or without notice to you, effective immediately, which may result in the forfeiture and destruction of all information associated with you and your activities in connection with the Site. If you wish to terminate your account, you may do so by following the instructions on the Site. Any fees paid hereunder are non-refundable. In the event of termination, you will still be bound by your obligations under these Terms and Conditions, including the warranties made by you, and by the disclaimers and limitations of liability. Additionally, we will not be liable to you or any third party for any termination of your access to the Site.
GOVERNING LAW; GENERAL INFORMATION
We control and operate the Site from our offices in the State of New York, United States of America. While we invite visitors from all parts of the world to visit the Site, visitors acknowledge that the Site, and all activities available on and through the Site, are governed by the laws of the United States of America and the laws of the State of New York. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.
A printed version of the Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms and Conditions are the entire agreement between you and us with respect to the Site and any User Content, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to those matters. If any provision of these Terms and Conditions is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms and Conditions will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and Conditions, and neither party has any authority of any kind to bind the other in any respect.
By using this Site, you agree that L’Oreal USA at its sole discretion, may require that: (1) any and all disputes and causes of action related to or connected with these Terms, the Site, and the related offerings shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with purchasing a product), and participant further waives all rights to have damages multiplied or increased.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
Unless otherwise specified in these Terms and Conditions, all notices under these Terms and Conditions will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
Please feel free to contact us via one of the methods described on our Contact Us page, or send a letter to Kérastase Customer Care, PO Box 98, Westfield NJ 07091. You agree that we may send notices to you regarding your use of the Site by means of electronic mail, a general notice posted on the Site or by written communication delivered either by overnight courier or U.S, mail to your email or mailing address as appearing in our records from time to time.
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