The Fine Print
The Sebastian Brand Burlesque Sweepstakes
OFFICIAL RULES
NOTICE: Due to scheduling changes, the end date for The Sebastian Brand Burlesque Sweepstakes has been moved to October 25, 2010. The Sweepstakes dates are highlighted in the rules below.
1) NO PURCHASE NECESSARY. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. ENTRY IN THIS SWEEPSTAKES CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES. The Sweepstakes is open to legal residents of the 50 United States and D.C. who are 18 years of age and older at time of entry. Employees, officers, directors (and their immediate families and those living in their same household) of The Wella Corporation ("Sponsor") and Marden-Kane, Inc. ("Administrator"), Columbia TriStar Marketing Group, Inc., and their respective parent companies, subsidiaries, affiliates, retailers, distributors, suppliers, advertising, promotion, and production agencies (the "Sweepstakes Entities") are not eligible to participate or win. Void where prohibited. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations. All entries become the property of the Sponsor.
2) How to Enter: The Sebastian Brand Burlesque Sweepstakes (the "Sweepstakes") begins at 12:00 AM Eastern Time (ET) on October 4, 2010 and ends at 11:59 PM ET on October 25, 2010 (the "Sweepstakes Period".) Entrants can go to www.sebastianprofessional.com/burlesque (the "Website") complete the online entry form and submit as instructed. Entrants must complete all required fields on the online entry form during the Sweepstakes Period to be successfully entered into the random drawing. Incomplete or inaccurate entries are void. Limit one entry per person, per day, during the Sweepstakes Period. All entries submitted in accordance with these Official Rules shall be referred to hereafter as the "Eligible Entries". There will be one (1) Grand Prize Winner (the "Grand Prize Winner") selected from all Eligible Entries received. Sweepstakes Entities and any Internet access providers and their respective parents, affiliates, divisions, and agencies and each of the foregoing entities' respective employees, officers, directors, shareholders, and agents (the "Released Parties") are not responsible for late, lost, incomplete, damaged, stolen, misdirected, illegible entries, incorrect or inaccurate transfer of entry information, human error, technical malfunctions, lost/delayed data transmissions, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, or software or any combination thereof, inability to access websites, damage to a user's computer system (hardware and software) due to participation in this Sweepstakes or any other problem or error that may occur. No responsibility is assumed for entrant information that is incomplete or incorrectly entered. By entering, entrants agree to these Official Rules and Sponsor's Terms of Use and Privacy Policy including all eligibility requirements. Entrants who submit inaccurate entry data may be excluded from participation at any time during the Sweepstakes Period. Entrants agree to be bound by these Official Rules and consent to use of their names and/or photographs for advertising or publicity purposes by Sponsor and its designees in any and all media without further consideration, except where prohibited by law.
3) Winner Selection/Notification: A random drawing to select the potential Grand Prize Winner from among all eligible entries received will be conducted on or about October 26, 2010. Drawing will be conducted by Marden-Kane Inc., an independent judging organization, whose decisions are final and binding on all matters relating to this Sweepstakes. The potential Grand Prize Winner is subject to eligibility verification and compliance with these Official Rules. Marden-Kane, Inc. will notify the potential Grand Prize Winner via email, phone, and/or postal mail at the postal address provided within one (1) business day of prize drawing. The potential Grand Prize Winner will be required to sign, have notarized and return to Marden-Kane, Inc. an Affidavit of Eligibility/Release of Liability, a Publicity Release (where legal), and a W9 Tax Form within three (3) days of issuance of notification. Failure to complete and return the documents in the time noted, or if prize notification is undeliverable, may result in disqualification and an alternate Grand Prize Winner may be selected at Sponsor's discretion. Travel companion of Grand Prize winner must also be 18 years of age or older (unless travel companion is the child of the Grand Prize winner). Grand Prize Winner's travel companion (if the minor child of the Grand Prize Winner, then the Grand Prize Winner on behalf of the minor child travel companion) must sign and return a consent to publicity (where legal), liability waiver, and travel release form prior to traveling. Acceptance of the prize constitutes permission for the Sponsor and its designees to use Grand Prize Winner's and travel companion's names and likenesses for advertising and promotional purposes without additional compensation unless prohibited by law. The Sweepstakes Entities shall not have any responsibility or liability whatsoever for any property loss, damage, personal injury, or death, in connection with any person's participation in the Sweepstakes or any prize awarded herein. Odds of winning a prize are subject to the total number of eligible entries received.
4) A 3 day/2 night trip for the Grand Prize Winner and a guest to Los Angeles, CA and two (2) tickets to see the premiere of the Burlesque movie. Grand Prize consists of: Round-trip coach air transportation for the winner and a guest to Los Angeles, CA, from a single major U.S. gateway airport nearest to winner's home (as determined by Sponsor), double occupancy single standard hotel accommodations (room and room tax only) for two (2) nights. Approximate Retail Value: $4,000.
Grand Prize Winner will receive less than 5 days notice prior to trip departure. Trip must be completed by November 30, 2010. If the Burlesque movie premiere is canceled, rescheduled, delayed, or if the Grand Prize Winner cannot take the trip to be in Los Angeles, CA during the time period specified by the Sponsor, the Sponsor shall have no further obligation to the Grand Prize Winner other than to supply the trip to Los Angeles, CA as described within one (1) year from date of prize notification without providing attendance to any future movie premiere. Sponsor reserves the right to remove or to deny entry to any Grand Prize Winner or guest who engages in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the Burlesque movie premiere. All other expenses relating to acceptance of Grand Prize not explicitly stated herein, including but not limited to taxes, meals, beverages, alcoholic beverages and gratuities, are responsibility of Grand Prize Winner and guest. Travel must be completed on dates specified by Sponsor or Grand Prize will be forfeited. Specifics of Grand Prize travel package are subject to availability and Sponsor's sole discretion. Complete terms and conditions of Grand Prize trip will be furnished with prize notification. Travel must be made through Sponsor's agent on a carrier of Sponsor's choice. Reservations are subject to availability. Grand Prize Winner and guest must travel on the same itinerary and are responsible for obtaining all required travel documents. If Grand Prize Winner resides within a 100 mile radius of Los Angeles, CA, ground transportation may be provided for the Grand Prize Winner and guest in lieu of air transportation and no compensation or substitution will be provided for any difference in prize value. Grand Prize is non-transferable; no substitution allowed except at the sole discretion of the Sponsor. Sponsor reserves the right to substitute the prize with prize(s) of equal or greater value. All taxes associated with acceptance of the Grand Prize are the sole responsibility of the Prize Winner. If the Grand Prize winner is considered a minor in the legal jurisdiction in which he or she resides, then his or her travel companion must be the Grand Prize winner's parent or legal guardian. If the Grand Prize Winner (other than a minor) elects to travel or partake in Grand Prize trip with no travel companion, no additional compensation will be awarded to the Grand Prize Winner. Any unclaimed and/or unused Grand Prize or element thereof will be forfeited by Grand Prize Winner and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor's air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. Sponsor will not replace any lost or stolen tickets, prize elements, travel vouchers or certificates, or similar items once they are in the Grand Prize Winner's possession (or if the Grand Prize Winner is a minor, in his or her parent's or legal guardian's possession), or in the possession of the Grand Prize Winner's travel companion.
5) Limitations of Liability: Each entrant agrees (i) to abide by the terms of these Official Rules and the decisions of the Sweepstakes Entities which are final and binding on all matters relating to this Sweepstakes, and (ii) to forever and irrevocably release, discharge, indemnify and hold harmless the Released Parties from any and all claims or liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive, or exemplary damages of any kind even if the Released Parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, reasonable outside attorneys' fees) in connection with participation in this Sweepstakes including but not limited to any Sweepstakes-related activity or element thereof, and the entrant's entry, participation, or inability to participate in the Sweepstakes; or acceptance, attendance at, participation in, possession, defects in, or use, misuse or inability to use any prize (or any component thereof), without limitation, any activity related thereto; typographical errors in these Official Rules or any Sweepstakes promotional materials; any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor's control; any interruptions in or postponement, cancellation, or modification of the Sweepstakes; human error; incorrect or inaccurate transcription, receipt or transmission of any part of the entry; any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an entrant; interruption or inability to access the Sweepstakes, the Website, or any other Sweepstakes-related web pages, or any online service via the Internet due to hardware or software compatibility problems; any damage to entrant's (or any third person's) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions; any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged entries; any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees; cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), or other transportation companies, hotel(s), or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same; lost, stolen, damaged, delayed, or misdirected baggage; or lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof). Each entrant hereby acknowledges that the Sweepstakes Entities have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, express or implied, in fact or in law, relative to the prize or any component thereof.
6) General Conditions: Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY A PRIZE WINNER OR ANY BEHAVIOR BY A PRIZE WINNER THAT WILL BRING SUCH PRIZE WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SWEEPSTAKES ENTITIES' SOLE DISCRETION) WILL RESULT IN SUCH PRIZE WINNER'S DISQUALIFICATION AS A PRIZE WINNER OF THIS SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
The Sweepstakes Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human, mechanical or electronic error, which may occur in the processing of the entries in the Sweepstakes. The Sweepstakes Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software or failure of any email on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer, related to, or resulting from, participation or downloading any materials in the Sweepstakes. The Sweepstakes Entities are not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Grand Prize Winner, or in the announcement of the Prize or Grand Prize Winner. If, for any reason, the Sweepstakes are not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sweepstakes Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Website during the Sweepstakes Period and the Grand Prize Winner may be selected from among all Eligible Entries received up until and, or after (if applicable), the time of modification, cancellation, or termination in a manner that is fair and equitable as determined by Sponsor in its sole discretion. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor reserves the right in their sole discretion to disqualify any individual they suspect or find (a) to have used a software generated, robotic, programmed, script, macro or other automated online or text message entry, (b) to have tampered with the entry process or the operation of the Sweepstakes, (c) to be acting in violation of these Official Rules, (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (e) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.
Entrants agree to indemnify and hold harmless the Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge that Sweepstakes Entities 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 the Grand Prize. In the event of a dispute over who submitted the winning entry, the holder of the winning email account will be declared the winner. An "authorized account holder" is defined as the natural person who is assigned to a telephone number, email address by a telephone company, wireless service provider, Internet access provider, Internet service provider, or other organization (e.g. business, educational, government, institution, etc.) that is responsible for assigning telephone numbers, pager numbers, wireless phone numbers, email addresses, for the telephone exchange associated with the submitted telephone or pager number or the domain associated with the submitted telephone, pager number or email address, as applicable.
7) Who Won?: For the name of the winner, send a self-addressed stamped envelope to: Sebastian Burlesque, c/o Marden-Kane, Inc., 1055 Franklin Ave, Suite 300, Garden City, NY 11530, Dept. JS. All requests must be received by Dec 10, 2010.
8) Sponsor/Administrator: Sponsor: The Wella Corporation, 6109 DeSoto Avenue, Woodland Hills, CA 91367. Administrator: Marden-Kane, Inc., 1055 Franklin Ave, Suite 300, Garden City, NY 11530.
9) Privacy Policy: All information collected by Sponsor in connection with the online entries will be subject to Sponsor's Privacy Policy available at http://www.pg.com/privacy/english/privacy_notice.html.
© 2010 Marden-Kane, Inc. All rights reserved. These Official Rules may not be copied, edited, or used for any other purpose, commercial or otherwise, without the express written consent of Marden-Kane, Inc.
