THE FOLLOWING PROMOTION IS INTENDED FOR VIEWING IN THE 50 UNITED STATES AND D.C. (EXCLUDING, WITHOUT LIMITATION, ALL US TERRITORIES) AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW AND AMERICAN ENGLISH) YOU MUST BE 18 YEARS OF AGE OR OLDER. INTERNET ACCESS REQUIRED.
China Glaze®-“Where will you Live In Colour this Summer?” Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING A PRIZE.
1. Sweepstakes Period: The “Sweepstakes Period” starts June 11, 2014, 12:00:01 pm, Pacific Time (“PT”), (“Sweepstakes-Start”) and ends September 8, 2014, 11:59:59 am, PT ("Sweepstakes Entry Period-End”).
2. Eligibility: You may enter the Sweepstakes if you are a legal resident of the 50 United States or D.C. (void in all overseas U.S. territories, possessions, off-shore commonwealths and military installations), 18 years of age or older and the age of majority in your state of residence at the time of entry and you had Internet access prior to the start of the Sweepstakes. Void where prohibited, licensed, restricted or taxed. An entrant must not be affiliated with any commercial talent union or guild. Employees, officers, directors, agents and representatives and their immediate families (spouse, parents, children, siblings and each of their spouses regardless of where they live) or members of households of American International Industries (“Sponsor”), Sally Beauty Supply LLC, TMACO, LLC d/b/a THE MARKETING AGENCY (“Administrator”) and their respective parent companies, subsidiaries, advertising, design, web design, web hosting and promotion and publicity agencies and anyone connected with the production or distribution of this Sweepstakes (collectively the “Sweepstakes Entities”), Instagram, Inc. (“Instagram”) and anyone connected with the production of nail paint are not eligible to enter or be awarded a prize. For the sake of clarity, anyone working either full-time or part-time (including “consulting”) for the Sponsor are not eligible to enter the Sweepstakes or win a prize.
3. How to Enter: This Sweepstakes is entered only via the Internet during the Sweepstakes Entry Period: The theme is “Where will you Live In Colour this Summer?” You have complete creative freedom to use nail paint (China Glaze is suggested but not compulsory) on one (1) nail or tip or a whole hand and “stage” a summer theme showing your nail(s). YOU MAY PAINT ON TOP OF ANY LACQUER BUT YOU MAY NOT USE ENHANCEMENTS SUCH AS, WITHOUT LIMITATION, RHINESTONES, STUDS, GLITTER POWDER OR ACRYLIC ENHANCEMENTS.
ii. Sign in to Instagram® and follow @chinaglazeofficial. If you do not belong to Instagram you may sign up free (help.instagram.com/182492381886913/)
iii. Upload your photo, according to the Instagram instructions. Entries may not exceed the size/type limitation as specified by Instagram
iv. Add “#destinationchinaglazesweeps” and “tag” two (2) of your friends if they are on Instagram (optional-tap the “Tag People” from the Share screen)
v. Make your photo “Public” and you will receive one (1) entry
4. Submission Limitations and Rights: By entering this Sweepstakes, you explicitly (i) certify that you meet the eligibility requirements as set forth in these Official Rules; (ii) grant to the Sponsor the right to use and publish the biographical information that you provide (except street address, telephone number and email address) and the submitted entry in all media, including, but not limited to, online displays, television, cable, video productions, wireless applications and other media channels and applications, known and unknown, and for advertising, promotions, other Sweepstakes sponsored by the Sponsor and other purposes, without further consent or compensation, unless prohibited by law; (iii) represent and warrant that you have the right to grant to Sponsor the rights in the submitted Entry; (v) certify that you are not affiliated with any commercial talent unions or guilds; (vi) represent and warrant that you have not used or referenced any licensed material or any material owned or controlled by someone other than you in your submission, including, without limitation, graphics, trademarks or artwork as they may apply; (vii) represent and warrant that your submission is your sole and original work and you have not copied or plagiarized the content or the concept from other material; (viii) to the extent applicable in relation to the entry, hereby waive and agree not to assert any moral rights in and in connection with the entry.
5. Winner Selection: Each week during the Sweepstakes Period one (1) one winner will be selected in random drawing from all entries received from Sweepstakes-Start to 11:59:59 am PT on the Thursday of the week in question. The winner’s Instagram handle will be posted on the following Friday on @Chinaglazeofficial on Instagram and on http://chinaglaze.com/cgsweeps/ .When winners are posted, they will need to send their email address as well as their names and mailing address to email@example.com to receive a prize. Failure to do so in a timely manner (see time-limitation below)) will cause the prize to be forfeited for all time. For the sake of example, the first drawing will take place from all eligible entries received up to 11:59:59 am PT on June 19, 2014. The winner will be chosen on June 20, 2014 and her/his handle will be posted as above on that day. It is an entrant’s responsibility to monitor @Chinaglazeofficial on Instagram and http://chinaglaze.com/cgsweeps/ to see if s/he is a winner. All prizes must be claimed by two weeks after Sweepstakes-End or they will be forfeited. Should a greater number of prize claims be received or notices sent out because of posting, emailing, mailing or programming errors or for any reason whatsoever, only the number of prizes stated in these Official Rules and their values will be awarded in Administrator’s sole discretion in accordance with the Official Rules.
6. Quantity, Prize, Approximate Retail Value (“ARV”): (13) Weekly Prizes: A $100 gift card to Sally’s Beauty, subject to its Terms & Conditions and a selection of China Glaze product of Sponsor’s choosing. ARV: $190. Entrants acknowledge that the prizes are awarded “as is” and that the Sweepstakes Entities have neither made, nor are in any manner responsible or liable for any representation or warranty, expressed or implied, in fact or in law, relative to a prize or regarding the use, value or enjoyment of the prize. All prizes will be awarded if properly claimed according to the Official Rules and if there are sufficient entries.
7. General: Sweepstakes administration and verification will be supervised by Sponsor and the Administrator. By participating in this Sweepstakes, you agree to be bound by these Official Rules, Sponsor’s Terms & Conditions and privacy policies and the decisions of the Sponsor and the Administrator. Those wishing to enter are responsible for accessing the correct website. Sponsor is not responsible for, without limitation, lost, late, misdirected, incomplete or garbled entries; for those who cannot access the Internet or cannot click-through to Instagram for any period of time or for entry information that is not captured correctly, or for any technical, hardware, software, telephone, Internet, virus contamination, network, human error, including errors by Sponsor’s employees/agents in handling information, electronic malfunctions, force majeure or any other problems and for delay, failure or malfunction for any reason. Sponsor assumes no liability for damage caused to entrant’s or any other person’s/entity’s computer hardware, software or communications network, regardless of cause. Entries must be made by an individual from a stand-alone computing device and may not be made by proxy or any electronic/automated means such as script, bot, macro or any other similar software or program nor may you enter with multiple Instagram handles and/or multiple identities nor may you use any other device or artifice to obtain more than the maximum number of entries. Entries made from trade, consumer groups or third parties will not be accepted. All discovered entries made in violation of these Official Rules will be discarded. Sponsor reserves the right to terminate/cancel or modify Sweepstakes or disqualify any entrant if, in Sponsor’s sole judgment, it determines that the integrity or fairness of the Sweepstakes has been, or could be, compromised or that the Sweepstakes is not capable of running as planned or fairly, including infection by computer virus, bugs, tampering, unauthorized intervention (hacking), fraud, technical failures, force majeure or any other cause. Should this Sweepstakes be terminated/cancelled, winners will be selected by the judges from all non-suspect, eligible entries submitted up to the time of cancellation/termination.
8. By entering this Sweepstakes, an entrant explicitly releases, discharges and holds harmless the Sweepstakes Entities and Instagram, Inc. and their respective shareholders, successors, estates and assigns, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, third party claims, judgments, injuries, death, fines, penalties, losses, costs, expenses and demands whatsoever in law or equity, including all attorney or “expert” fees or costs, which you now have or may acquire, by reason of any personal injury, death, loss of or damage to others or to property, or any reason, occurring during or arising out of the Sweepstakes, your participation or inability to participate in the Sweepstakes; the acceptance, possession, travel related to, defect of, use, and/or inability to use or misuse the prize and any elements thereof. By accepting a prize, a winner waives the right to (i) assert as a cost of winning the prize any and all costs of verification and redemption or travel to redeem said prize, and (ii) claim any liability (including attorney's fees and costs) which might arise from redeeming or seeking to redeem said prize (including any travel related thereto). The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer, cash equivalent or exchange will be allowed except by Sponsor. A prize that is returned as undeliverable will disqualify the winner.
9. All federal, state and local laws and regulations apply. If any provision of the Sweepstakes shall be deemed to violate any federal, state or local law, regulation or ordinance, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. If Sponsor is required by applicable federal, state or local law, regulation or ordinance, or by action of an administrative agency to cease offering the Sweepstakes in any jurisdiction, Sponsor reserves the right to (i) terminate the Sweepstakes in such jurisdiction in its entirety, and/or (ii) cancel and remove from participation in the Sweepstakes any and/or all entries from entrants residing in such jurisdiction, without penalty and without obligation to any Sweepstakes entrants. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. All taxes are winners’ responsibility.
10. Sweepstakes Entities and all production and hosting agencies shall not be responsible for technical, pictorial, typographical or editorial errors or omissions in any marketing materials or these Official Rules. This Sweepstakes is conducted in American English.
12. Entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes or the prize awarded and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules shall be resolved individually, without resort to any form of class action, and exclusively in a court of competent jurisdiction sitting in Los Angeles County, California, USA, and all entrants agree to Los Angeles County as the venue for any legal action without regard to conflict of laws doctrine. Some jurisdictions will not recognize the exclusive jurisdiction of the Courts of California or allow the limitation or exclusion of liability for incidental or consequential damages, in which case the above clause on jurisdiction and limitation may not apply to you.
13. For a final winners list - available on or about October 30, 2014 go to @chinaglazeofficial on Instagram or Chinaglaze.com. Winners will remain on site for at least one (1) month.
14. This Sweepstakes is sponsored by American International Industries, LLC, 2220 Gaspar Ave., Los Angeles CA 90040 and administered by The Marketing Agency, 2881 East Oakland Park Blvd., Suite 425, Fort Lauderdale, FL 33306.
All trademarks are the property of their respective owners. Sally Beauty, Inc. is not affiliated with American International Industries and does not sponsor, endorse, approve or have any responsibility for this promotion. © 2014, The Marketing Agency.