LIONESSE BEAUTY BAR – 1.25” Ceramic Black Iron GIVEAWAY
Official Rules NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION: LIONESSE BEAUTY BAR – 1.25” Ceramic Black Iron GIVEAWAY (the “Giveaway”) begins on or about August 28, 2014 at 5:00 p.m. Pacific Standard Time (“PST”) and ends on September 1, 2014 at 11:59:59 p.m. PST (the “Giveaway Period”). The Giveaway provides entrants with the opportunity to comment on Lionesse’s “How to Create Lionesse Waves with a Flat Iron” video on YouTube. At the end of the Giveaway Period, two (2) Grand Prize winners will be chosen, as more fully described below. Entry in the Giveaway does not constitute entry into any other promotion, Giveaway or sweepstakes. By participating in the Giveaway, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Lionesse Beauty Bar (“Sponsor” or “STP”), 20255 Corisco Street Chatsworth, CA 91311, a division of Mazal Group, which shall be final and binding in all respects. This Giveaway is in no way sponsored, endorsed or administered by, or associated with YouTube.
ELIGIBILITY: The Giveaway is open to anyone 18 years of age or older and have reached the age of majority in his or her place of residence as of the time of entry. Officers, directors and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Giveaway Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Giveaway or win a prize. This Giveaway is void where prohibited.
HOW TO ENTER:
To enter the Giveaway, participants must share the leave a comment on the following page: https://www.youtube.com/watch?v=rF-AZMczLoM&list=UUm2kkRL_vV0zh3HpHWi78rQ on YouTube. All participants must register their entry on www.lionessegiveaway.com
INNER SELECTION: After the Giveaway Period, two (2) Prize winners will be selected by Sponsor from among all eligible entries received during the Giveaway Period based on a random drawing. In the event a winning Submission is discovered to be invalid for any reason whatsoever or the person who submitted the winning Submission fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded.
NOTICE TO WINNERS: Attempts to notify potential winners will be made via email. Sponsor is not responsible for communication problems of any kind. Time is of the essence in awarding the Grand Prize. If, despite reasonable efforts, a potential winner does not respond within seven (7) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected.
FURTHER DOCUMENTATION: Potential winners may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification, whichever is sooner, (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected. As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.
DATES & DEADLINES/ANTICIPATED NUMBER OF ENTRANTS: Because of the unique nature and scope of the Giveaway, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Giveaway. Sponsor cannot accurately predict the number of entrants who will participate in the Giveaway.
PRIZE & SHIPPING: Giveaway winners will receive a 1.25” Ceramic Black Flat Iron, valued at $250. The cost of shipping is included, however, winners outside of the United States will be held responsible for any customs fees associated with the country of delivery.
NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Giveaway Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Giveaway does not place the Giveaway Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Giveaway Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Giveaway Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Giveaway Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
GENERAL LIABILITY RELEASE/FORCE MAJEURE: Entrants agree that the Giveaway Entities and Pinterest (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Giveaway or any Giveaway-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Giveaway, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Giveaway, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Giveaway, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Giveaway if it determines, in its sole discretion, that the Giveaway is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Giveaway as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Giveaway as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Giveaway. If the Giveaway is terminated before the designated end date, Sponsor will (if possible) select the winner from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. Only the type and quantity of prizes described in these Official Rules will be awarded. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
PUBLICITY RELEASE: By participating in the Giveaway, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Giveaway, each entrant irrevocably grants the Giveaway Entities and their respective successors, assigns, and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Giveaway and hereby releases the Giveaway Entities from any liability with respect thereto.
NO OBLIGATION TO USE: Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, with or without legal justification or excuse, and Giveaway and shall not be entitled to any damages or other relief by reason thereof.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE GIVEAWAY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF MASSACHUSETTS WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. FOR THE PURPOSES OF ANY DISPUTES HEREUNDER, BY ENTERING THIS GIVEAWAY, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR IN ANY WAY RELATED TO THIS GIVEAWAY SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION AND CONSENTS TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE APPROPRIATE STATE OR FEDERAL COURT SITUATED IN MASSACHUSETTS.
ARBITRATION PROVISION: By participating in this Giveaway, entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Giveaway Entities relating to, arising out of or connected in any way with (a) the Giveaway, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Giveaway; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at jamsadr.com.