Living Proof Good Hair Day Sweepstakes
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Living Proof Good Hair Day Sweepstakes ("Sweepstakes") begins on Wednesday, May 22, 2013 at 12:00 AM PT and ends on Friday, May 24, 2013 at 10:59:59 PM PT ("Sweepstakes Period"). All times in the Sweepstakes refer to Pacific Time ("PT"). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically residing in one (1) of the 50 United States and the District of Columbia, and who are eighteen (18) years of age or older as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include E! Entertainment Television, LLC, 5750 Wilshire Blvd., Los Angeles, California 90036 ("Sponsor"), and its parent, subsidiary, and affiliate companies, and its administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes, including, without limitation, Living Proof, Inc.
TO ENTER: To enter the Sweepstakes, send a Tweet to @livingproof with the hashtag #goodhairday ("Entry"). All Entries become the property of Sponsor and will not be acknowledged. Twitter.com is not responsible for the administration of the Sweepstakes and is not involved with the Sweepstakes in any way. You understand that you are providing your information to Sponsor and not to Twitter. Do not contact Twitter for any information about this Sweepstakes. You may enter once per day during the Sweepstakes Period.
Sponsor's or its representative's computer shall be the official timekeeper for all matters related to this Sweepstakes. Multiple Entries received from any person or Twitter account beyond the entry limit set forth above will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who registered the Twitter account used to enter. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: Within one (1) week of the end of the Sweepstakes Period, potential winner(s) ("Winner(s)") will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. Potential Winner(s) will be notified via Twitter. Potential Winner(s) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Sweepstakes Documents") within seven (7) days of such notification. Noncompliance within this time period may result in disqualification, and, at Sponsor's sole discretion an alternate potential Winner(s) may be selected from the remaining eligible Entries. If potential Winner(s) cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize or Prize notification is returned as undeliverable, potential Winner(s) will be disqualified and time permitting, at Sponsor's sole discretion, an alternate potential Winner(s) may be selected from the remaining eligible Entries. Limit one (1) Prize per family or household.
PRIZE: The following prize(s) ("Prize(s)") will be awarded:
Estimated Retail Value ("ERV")
Number of Winners
Swag Bag of Living Proof products
ERV of all Prizes is $500.00.
All details of Prize will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner(s). Prize cannot be transferred by Winner(s) or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner(s).
Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor's control, and are not responsible or liable for any expenses incurred as a consequence thereof.
WINNER ANNOUNCEMENT: For the name of the Winner(s), available one month after the end of the Sweepstakes Period, send a self-addressed, stamped envelope to be received by May 22, 2014 to E! Entertainment Television, LLC, 5750 Wilshire Blvd., Los Angeles, California 90036, Attn: Business & Legal.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities, Twitter, Inc., and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant's name on the Sponsor's websites and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor's sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winners in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on Sponsor's primary website. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor's agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: The Sweepstakes is governed by, and will be construed in accordance with, the laws of the State of California, and the forum and venue for any dispute shall be in Los Angeles, California. Any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action. If any dispute, claim or cause of action relating to this Sweepstakes is not otherwise resolved through direct discussions or mediation, it shall then be resolved by final and binding arbitration administered by Judicial Arbitration and Mediation Services, Inc., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof ("JAMS Rules"). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in California. All proceedings brought pursuant to this paragraph will be conducted in the County of Los Angeles. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorneys' fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.