Below are the official rules for the Nailpro June 2014 Cover Contest.
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility: Open to legal residents of the United States including the District of Columbia who are eighteen (18) years of age or older as of date of entry. Residents of the State of Arizona are ineligible to enter or win. Employees and their immediate family members (parent, siblings, children and spouse, and persons residing in the same household whether related or not) of Creative Age Publications, Inc. (“Sponsor”) together with its parent and affiliated companies, subsidiaries, and advertising and promotion agencies, and all other companies associated with the NAILPRO Cover Contest (the “Contest”), and Sponsor’s respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor or Co-Sponsor, are not eligible to enter or win. Void in Arizona. Void in U.S. military and diplomatic installations outside the United States. Void where prohibited by law.
2. Contest Period: The Contest begins on November 1, 2013 at 12:00 a.m. PST and ends on January 17, 2014, at 11:59:59 p.m. PST (the “Contest Period”). Sponsor, Co-Sponsor, Contest Administrator (hereinafter, if any), or Sponsor’s duly authorized representative shall be the determiner of all Contest-related time periods.
3. How to Enter (i) To enter for free, email up to three photos of nautical-theme nails that you created (a “Submission”) to [email protected] during the Contest Period. Please send close-up images. Clothing, jewelry, or accessories in the Submission must not include third party trademarks, slogans, images, or other third party copyrighted content. Submissions must be in JPEG, PNG, TIFF, or PDF formats of at least moderate resolution/quality. Entrants (each, an “Entrant”) may be asked to provide personally identifiable information such as your name, date of birth, address, email address, and telephone number. (ii) Via U.S. Mail. Mail a hard copy Submission along with your basic contact information, including your name, date of birth, address, email address (if applicable) and telephone number. Mail the completed entry with correct postage to: NAILPRO Cover Contest 7628 Densmore Ave., Van Nuys, CA 91406. All mail-based entries must be post-marked by January 17, 2014 and received by Sponsor no later than five business days following the aforementioned date. Those entering via U.S. Mail described herein may not enter via the online method described above. Postage-due entries are deemed null and void. Limit: One Submission per person regardless of Submission method utilized. Entrants must ensure that all required entry information is accurate and complete.
4. Use of Submissions: All Submissions are subject to the following terms and conditions. (i) Each Entrant shall retain its ownership interest and applicable intellectual property rights in and to its Submission. However, each Entrant hereby grants Sponsor, and its agents, affiliates, successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, fully-paid and royalty-free, sub-licensable and transferable license to use, and distribute, all Submissions in any manner and for any purposes in connection to the Contest and in the Sponsor’s advertising and marketing endeavors as further explained below. Each Submission is, and will be treated as, non-confidential and non-proprietary. Sponsor retains the right to edit all Submissions in any manner and for any purpose, but is under no obligation to do so. Each Entrant hereby represents and warrants that it owns the Submission (and the content therein) submitted by it, or that it otherwise has the right to grant use thereof as set forth in this section, and that the posting of said Submission does not violate the privacy rights, publicity rights, copyright, trademark rights, contract rights, or any other rights of any person or entity. Sponsor reserves the right to use the Submission for any purpose, including, but not limited to, posting, reproduction, disclosure, advertising and promotional activities, distribution, transmission, publication, and broadcast. Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission for any purpose, including, but not limited to, developing and marketing products and/or services using such information, and each Entrant acknowledges and understands there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submission or the content therein. Further, each Entrant and its respective heirs, hereby indemnify, discharge, release, and hold Sponsor (and any applicable Co-Sponsor and the Contest Entities together with their respective parents, agents, affiliates, successors and assigns and their respective directors, members, shareholders, officers, employees, agents and representatives (collectively, the “Released Parties”), harmless from any action and/or liability, in any form or manner, arising from any infringement of any third party’s rights, inclusive of attorneys’ fees and costs in connection to the Submission. If you do not agree to these terms, do not enter the Contest. (ii) Regardless of whether a Submission is selected by the judges, each entrant further represents and warrants that the Submission depicts the Entrant’s personal styling design, skills, and techniques; and further, that the individual depicted in the Submission has provided written consent granting the Entrant the irrevocable, perpetual, worldwide right to use, edit, alter, and submit the individual’s photograph, image, and likeness in connection to the Contest as described herein, and that no royalties, fees, or other compensation is due by Sponsor to any individual in any form or manner. (iii) Any Submission that Sponsor deems inappropriate, including, but not limited to, content that is offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or which constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules, shall be deemed null and void.
5. How to Win: (i) The Submissions will be judged on the following criteria, each being of equal value: Originality, Creativity, and Technique. (ii) Judges qualifications: The judging panel will consist of Sponsor’s employees or its designees with direct knowledge of professional styling design and technique. (iii) Tie-breaker: In the event of a tie, each Entrant in the tie shall, at Sponsor’s request, submit to Sponsor one (1) additional Submission which shall be judged on the same criteria as above. The tie-breaking process shall be repeated until a winner is determined. (iv) Winners will be selected on or about January 30, 2014 and shall be notified within forty-eight (48) hours of selection by email or other communication method as solely deemed appropriate by Sponsor. Once notified, winners must respond to Sponsor’s communication within twenty-four (24) hours of notification or the prize may be forfeited and awarded to the next eligible Entrant in descending order, based on the judging criteria.(v) ALL JUDGES’ DECISIONS ARE FINAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT PROVIDE A SUBMISSION TO SPONSOR.
6. Prize: (i) First place winner will receive one (1) round-trip coach airline ticket from their city of origin to Los Angeles, California, a one (1) night stay at the Airtel Plaza Hotel in Van Nuys, California, transportation to and from the airport, and will do the nails for the cover of the June 2014 issue of NAILPRO, the approximate retail value (“ARV”) is $1,000.00. Odds of Winning: Odds of winning depend on the number of eligible entries received during the Contest Period and the skill of each eligible Entrant. (ii) Second and 3rd place winners will have their images featured in the June 2014 issue of NAILPRO magazine. Odds of Winning: Odds of winning depend on the number of eligible entries received during the Contest Period and the skill of each eligible Entrant. The total ARV of all prizes awarded in this Contest is: $1,000.00. Awarding of a prize may not constitute the prize-providing entity’s affiliation with, sponsorship, or endorsement of, the Contest. ALL FEDERAL, STATE, AND LOCAL TAXES, AND ANY OTHER EXPENSES ARISING OUT OF THE RECEIPT AND USE OF THE PRIZES, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of a prize and its actual value will not be awarded. Winner(s) agree to accept prize “AS IS.”
7. Restrictions: Prize is nonrefundable and nontransferable. Sponsor is not required to (but may at its sole discretion) offer any substitutions, cash redemptions, or alternatives to prizes awarded under this Contest. Sponsor reserves the right to substitute a prize of equal or greater value in the event a prize is unavailable. Recipient of prize must have a U.S. mailing address. All prizes awarded are subject to the restrictions and limitations noted in these Official Rules, on the prizes and/or included with the prizes.
8. General Entry Rules: Any individual or entrant who attempts or otherwise encourages, directly or indirectly, entry under multiple identities, and/or uses multiple computers, multiple Internet Protocol addresses, so-called “proxy servers,” or any software program to manipulate or create multiple entries, or uses any other device, method, or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sponsor or Contest Administrator, will be disqualified. Sponsor, at its sole discretion, reserves the right to review and investigate all entries and to take any and all measures it deems necessary to ensure a fair Contest. Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void. In the event of a dispute, entry information will be declared made by the authorized account holder of the email address submitted at the time of entry, or, as applicable, if via Mail In, the owner or lessee of the physical address of the Entrant. “Authorized account holder” is defined as the natural person who is assigned to an email address by an Internet Service Provider, telephone company, wireless service provider, Internet access provider, or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses associated with the submitted email address by the entrant.Sponsor, Co-Sponsor, and Contest Administrator, and their respective parents, subsidiaries and affiliates, advertising and promotion agencies, suppliers (including all prize providers), printers, and distributors, and their respective officers, directors, employees, representatives and agents of each and any other person or entity related in any way to this Contest (collectively, the “Contest Entities”), are not responsible for late, lost, incomplete, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate, or by any human error that may occur in winner notification or other Contest-related communications, or the processing, review, or tabulation of the entries in this Contest, or for any printing errors in these Official Rules. If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded. If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Contest Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest) the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest and select the winner(s) from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. SPONSOR RESERVES THE RIGHT TO PROSECUTE ANY FRAUDULENT ENTRIES TO THE FULLEST EXTENT OF THE LAW. At Sponsor’s sole discretion, Entrants and/or winner(s) who do not comply with these Official Rules or otherwise attempt to interfere with this Contest in any way may be disqualified. ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE CONTEST.
9. Release and Indemnification: By entering, Entrants and winner(s) agree to be bound by these Official Rules and the decisions of Sponsor, together with Co-Sponsor and the Contest Administrator, which shall be final for all purposes hereunder, and agree: (1) Contest Entities may use (unless prohibited by law) their names, likenesses, images, photographs, voices, cities/states of residence, and biographical information for advertising, trade and promotion in any media or format now or hereafter known, including on the Internet or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; and (2) to release, indemnify, and hold the Contest Entities harmless from and against any and all liability, damages or causes of action (however named or described) with respect to or arising out of either (i) Entrants’ participation in the Contest or in any Contest-related activity; or (ii) the receipt, possession, or use or misuse of the prizes awarded in the promotion, including but not limited to any claims for damage to property, personal injury or death, or claims based on defamation, rights of privacy, rights of publicity or merchandise/prize delivery. Winner may be required to complete, sign and return an Affidavit of Eligibility and Publicity/Liability Release within seven (7) days of receipt or prize may be forfeited and awarded to an alternate. Sponsor, at its sole discretion, may also require copies of the winner’s valid, government-issued photo identification. Entrant hereby waives application of California Civil Code Section 1542 which provides as follows: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. Entrant expressly waives the provisions of Section 1542 of the California Civil Code as well as any other statutes, rules, laws, ordinances, or common law principles or other authority of similar effect of any jurisdiction, and further waives any right to invoke said provisions now or in the future with regard to the Contest. Entrants and the winner(s) further acknowledge and agree that this waiver is an essential and material term of these Official Rules and the Contest.
10. Miscellaneous Conditions: Entrants agree that the laws of the State of California, without regard to the principles of conflict of laws, will govern the Contest and these Official Rules. Entrants irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in Los Angeles County, California, and the related appellate courts, in any related action or proceeding. As a condition of participating in the Contest, entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Official Rules shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will entrants be permitted to obtain awards for and hereby waive all rights to claim punitive, incidental or consequential damages (including reasonable attorneys’ fees and costs), other than actual out-of-pocket expenses (i.e. costs associated with entering this Contest) and further waive all rights to have damages multiplied or increased. Any personally identifiable information supplied by any Entrant to the Contest Entities will be subject to Sponsor’s privacy policy located at http://creativeage.com/privacy.
11. Winners List and Official Rules: Individuals may request the names of winners and the Official Rules by sending a self-addressed, stamped envelope by July 15, 2012 to: Creative Age Publications, NAILPRO Cover Contest, 7628 Densmore Ave., Van Nuys, CA 91406. Residents of WA and VT may omit return postage for rules requests.
12. Sponsor: Creative Age Publications, Inc. 7628 Densmore Ave., Van Nuys, CA 91406.
© Creative Age Publications, Inc. 2014
