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NO PURCHASE NECESSARY. Contest begins 06/03/08 and ends 07/31/08. Must be legal U.S. resident, 18 or older to enter. Prizes pictured are for illustrative purposes only. See Official Rules at www.cosmetiquemedspa.com/contest for eligibility, prize and contest descriptions/restrictions, ARVs, and complete details. Void where prohibited.
Long Form Official Rules:
The “Cosmetique Med Spa Hair Raising Video Contest” (the “Contest”) is intended for participation only in the United States and shall be construed according to, and governed exclusively by, United States law. Do not participate in the Contest if you are not a legal resident of the United States physically located in the United States at the time of entry, or do not fall within the eligibility requirements set forth in the Official Rules below.
Cosmetique Med Spa Hair Raising Video Contest
OFFICIAL RULES
NO PURCHASE NECESSARY
PROMOTION DESCRIPTION: The “Cosmetique Med Spa Hair Raising Video Contest” (the “Contest”) begins on or about June 3, 2008 at 12:01 a.m. Eastern Standard Time (“EST”) and ends on July 31, 2008 at 11:59 p.m. EST (the “Promotion Period”). The Contest provides entrants with the opportunity to submit their online video and vote on the videos submitted by others. One (1) Contest winner will be selected at the end of the Promotion Period, as more fully set forth below. Entry in the Contest does not constitute entry into any other promotion, contest or sweepstakes. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Cosmetique Med Spa, 10744 Washington Blvd. Sulver City, CA 90232 ("Sponsor"), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the United States who are eighteen (18) years of age or older are eligible to enter. Officers, directors, and employees of Cosmetique Med Spa and its affiliated companies (collectively, the "Promotion Entities") are ineligible to enter the Contest or win a prize.
HOW TO ENTER: To enter, visit the web site www.cosmetiquemedspa.com/contest (the “Website”), complete the registration form found on the Contest page with the information requested, and follow the online instructions to create and submit your original online video. Click “Submit Your Video” to email Cosmetique Med Spa the link to your Video on YouTube. Once it’s approved, we will upload your video to the Contest page, where it will be eligible for voting. A participant may submit only one video during the promotional period. Videos that are considered by Sponsor to be obscene, pornographic, libelous or otherwise objectionable will be disqualified. All participants must include their name, address and phone number in the email to enter and to be eligible to win. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used by in accordance with the privacy policy found on the Website and with the consent given by an entrant at the time of entry. Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Entries become the exclusive property of the Sponsor and will not be returned or acknowledged. Proof of entering information at the Website is not considered proof of delivery to or receipt of such entry.
NOTE: Internet entry must be made by the entrant, and only at the Website. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial Contest subscription notification and/or entering service sites, will be declared invalid and disqualified for this Contest. The use of any device to automate the entry process is prohibited.
WINNER NOTIFICATION: One (1) Video will be selected as a potential Contest winner at the end of the Promotion Period. The selection of the potential winner will be made by registered users of the Website who will have the opportunity to rate the Videos. Ratings will be available on-line for the duration of the Contest. The Website's clock will be the official time keeper for this Contest. The potential winners will be notified by telephone and/or mail and/or email. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within 7 days of the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his or her prize and the next-highest rated Video may be selected as the winner. Sponsor will successively attempt to contact up to two (2) potential winners in accordance with the above procedure, after which the applicable prize may go unawarded. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
PRIZES/ODDS: GRAND PRIZE. One (1) winner will receive a $500 gift certificate good towards any products or services at Cosmetique Med Spa. The gift certificate will have no cash value. Approximate Retail Value ("ARV") of the prize is $500. No cash alternative or prize substitutions will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable value if the prizes listed are unavailable for any reason. Any prizes depicted in promotional packaging or otherwise in connection with this Contest are for illustrative purposes only and may not represent the actual prize(s) that is(are) awarded. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest promotional materials and the terms and conditions of these Official Rules, these Official Rules shall prevail and govern. Odds of winning depend on the number of eligible entries received and the votes garnered by any particular Video.
GENERAL PRIZE CONDITIONS: Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize. The potential Grand Prize winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a winner (or such winner's parent or legal guardian) fails or refuses to sign and return any and all required Prize Claim Documents within seven (7) days of prize notification, the winner may be disqualified and the next-highest rated Video may be selected as a winner.
GENERAL RELEASE: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Entrants (or if minors, their parents or legal guardians) agree that the Promotion Entities (A) shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-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 computer system which is occasioned by accessing the Website or participating in the Contest, 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 submissions or 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 Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, 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. In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Contest. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s reasonable control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. If the Contest is terminated before the designated end date, Sponsor will (if possible) select winners in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. 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. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these 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.
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 CONTEST SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
ARBITRATION PROVISION. By participating in this Contest, each entrant agrees that any and all disputes the entrant may have with, or claims entrant may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of this agreement to arbitrate, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's (“AAA”) Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the AAA, such entrant may visit the AAA’s website at www.adr.org. The arbitration shall take place in Los Angeles, California before a single arbitrator and shall be conducted in strict confidence. The arbitrator selected shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. The arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys’ fees. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the AAA, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements, do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
WINNER'S LIST/OFFICIAL RULES: For prize winner, mail, postage pre-paid, a self-addressed, stamped envelope to: The “Cosmetique Med Spa Hair Raising Video Contest” Contest Winners List, 10744 Washington Blvd. Culver City, CA 90232. These Official Rules will be posted on the Website.
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