“Kitchen Beautician” (“Contest”) 2016 OFFICIAL RULES

May 6, 2015  |  
  1. NO PURCHASE NECESSARY TO ENTER FOR A CHANCE TO WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
  1. SPONSOR: Moguldom Media Group LLC (“MMG”), with its registered address located at 171 Madison Avenue, Suite 1500, New York, NY 10016 is the sponsor (“Sponsor”) of this contest known as “Kitchen Beautician” (the “Contest”).
  1. ADVERTISER: Strength of Nature Company, with its registered address located at 64 Ross Road, Savannah, GA 31405 is the advertiser (“Advertiser”) of this contest known as “Kitchen Beautician” (the “Contest”).
  1. CONTEST PERIOD: The contest period begins on May 12, 2016 at 12:00 p.m. Eastern Daylight Time (“EDT”) (the “Start Date”) and continues through June 16, 2016 at 12:00 p.m., EDT (the “End Date”) (collectively, the “Contest Period”).
  1. ELIGIBILITY: This Contest is open to legal residents in the 48 contiguous United States of America and the District of Columbia who are twenty-one (21) years of age as of May 12, 2016 who have a valid email address and internet access (each, a “Participant,” and collectively, the “Participants”). This Contest is void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions and wherever prohibited or restricted by law. This Contest is subject to all applicable federal, state and local laws. Employees of Sponsor, and its affiliates, subsidiaries and divisions, and their respective officers, directors and agents, and members of their immediate family (defined as spouse, parent, children and siblings and their respective spouses, parent, children and siblings, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter the Contest or win a prize.
  1. HOW TO ENTER: Participants should upload a photograph or video that is no more than fifteen seconds long of their best work (the “hairstyle”). During the Contest Period, you must post “the hairstyle” to Instagram to be eligible to enter the Contest using the branded social hashtag #MNKitchenBeautician. Participants must also follow @ElastaQP on Instagram. Submissions will be accepted up until 2pm EDT each Thursday following the Start Date. All entries must be new post to Instagram and received during the Contest Period to be eligible.

The following may not appear in a Submission that is not an original work created by a Participant, unless the Participant has obtained the appropriate permission or license: music, foreign flags, posters, paintings, drawings, photographs or sculptures (“Restricted Art”). Should a Participant utilize any form of Restricted Art, the Participant represents and warrants that the Participant has obtained the necessary permission to include the Restricted Art in the Submission, and to publicly perform or display, any such Restricted Art.

By entering the Submission, the Participant further warrants and represents that the Participant has the right, including any required permission of individuals depicted in the Submission, to publicly perform or display the Submission.

By entering the Submission, Participant hereby represents and warrants that the audio and visual content and information incorporated and/or synchronized in the Submission does not and shall not infringe on any copyright, trademark or other right of any third party, and Participant has the right to grant any and all rights and licenses granted to Sponsor herein, including but not limited to all necessary rights under copyright and trademark, free and clear of any claims or encumbrances. Sponsor may, but shall have no obligation to, post, display or otherwise make publicly available any content submitted by a Participant, and may in its sole and unfettered discretion, remove, edit, modify blur, or delete any audio or visual content or information contained in the Submission.

By entering the Submission, Participant hereby grants to Sponsor and its affiliates, subsidiaries, licensees and assigns, an irrevocable, transferable, exclusive, perpetual, fully paid-up, and royalty-free worldwide license to use, reproduce, edit, display, transmit, prepare derivative works of, modify, publish and otherwise make use of the Submission in any and all media and medium, whether now known or hereinafter created, for any purpose. In addition, the rights granted to Sponsor herein include but are not limited to the right to censor, compress, edit, feature, caption, affix logos to, and to otherwise alter or make use of the Submission.

Sponsor is not responsible for late, lost, or misdirected Submissions that are not received in a timely manner, or are lost due to computer or electronic malfunction or other error, or due to inaccessibility of the Internet or portions thereof.

  1. SELECTION CRITERIA: Winning photos will be selected based on originality, overall impact and subject matter relevance. The selection of weekly finalist will be conducted by Moguldom Media Group employees (the “Panel”).

During the Contest Period, there will be a total of four (4) weekly winners and one (1) grand prize winner will be selected from among the four (4) weekly winners. All judging decisions are final. Please do not contact us about the status of entries or judging.

Sponsor reserves the right in its sole discretion to disqualify any Submission containing any obscene, offensive or otherwise inappropriate comments or other matter.

  1. WINNER SELECTION: During the Contest Period, there will be a total of four (4) weekly winners and one (1) grand prize winner will be selected from among the four (4) weekly winners.

From the Submissions that a Participant provided through Instagram, each week during the Contest Period, Sponsor will select three (3) Submissions (the “Instagram Selections”). Sponsor will then upload each weekly Instagram Selections on MadameNoire where readers will have the opportunity to vote for the best Kitchen Beautician hairstyle from Friday through Sunday (the “Weekly Winner”). The Weekly Winners will be announced via MadameNoire’s social media platform(s) and highlighted on the MadameNoire contest webpage.

For the grand prize, MadameNoire readers will have the opportunity to select from the four (4) Weekly Winners the best Submission as the “Grand Prize Winner”. Weekly Winners and the Grand Prize Winner will be notified using the social handle provided when entering the Contest approximately 48 HOURS after each weekly selection has been completed. At this time additional contact information will be requested. Winner must accept the Prize as directed by Sponsor within 48 hours of such notification. Any Winner notification to which a response is not received may result in prize forfeiture. No substitution or transfer of a prize is permitted except by Sponsor

  1. PRIZES: The four (4) Weekly Winners will receive a three (3) month supply of Elasta QP with an approximate retail value of ($200) and the Grand Prize winner will receive one (1) year supply of product with an approximate retail value of $800 and $1000 visa gift card.

Only one Prize per person and per household will be awarded. Gift cards and gift certificates, if applicable, are subject to the terms and conditions of their respective issuers. The Prize cannot be transferred, redeemed for cash or substituted by Winner. Sponsor reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if the Prize is unavailable or cannot be awarded, in whole or in part, for any reason. The approximate retail value of the Prize represents Sponsor’s good faith determination based upon available information and not a guaranty. That determination is final and binding and cannot be appealed. If the actual value of the Prize turns out to be less than the stated approximate retail value, the difference will not be awarded in cash to the Winner.

Prize will only be awarded and/or delivered to addresses within the 48 contiguous) United States of America and the District of Columbia. All federal, state and/or local taxes, fees, and surcharges are the sole responsibility of the Winner. Failure to comply with the Official Rules will result in forfeiture of the Prize.

  1. RELEASES: Acceptance of the Prize constitutes permission for the “Advertiser”, the “Sponsor” and its agencies to use a Winner’s name and/or likeness, biographical material and/or Submission for advertising and/or promotional purposes worldwide and in all forms of media in perpetuity without further compensation or authorization, unless prohibited by law.

By entering the Contest, Participant agrees to release, discharge, indemnify and hold Sponsor and Advertiser and its affiliates, and their officers, employees, agents and representatives (collectively, the Sponsoring Entities”) harmless  from and against all claims and damages or liability arising in connection with participation and/or entry in the Contest and/or from Participants’ acceptance, receipt, possession and/or use or misuse of any prize awarded in this Contest or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any part of a prize or participation in any Contest-related activity or participation in this Contest. Any and all warranties and guarantees are subject to the respective manufacturer’s terms.

Participant further agrees that the Sponsoring Entities have not made and shall not in any manner be liable for any warranty, guarantee, or representation, whether express or implied, with respect to any prize, including without limitation, the prize’s quality or fitness for a particular purpose.

  1. PRIZE CLAIM DOCUMENTS: Each winner will be required to execute an Affidavit of Eligibility, Release of Liability and Prize Acceptance Form (collectively, the “Prize Claim Documents”). If a winner fails or refuses to sign and return the Prize Claim Documents within three (3) days of prize notification, the winner may be disqualified. Prizes are not transferable and not assignable. No substitutions of prizes will be allowed, except Sponsor reserves the right to substitute prize(s) of comparable or greater value in the event a prize or any portion thereof becomes unavailable for any reason.
  1. LIMITATIONS OF LIABILITY: The Sponsor assumes no liability, and shall not be liable, for typographical or other errors in the offer or administration of the Contest including, without limitation, errors in the printing or display of the offer and Official Rules, selection, notification and announcement of a Weekly Winner or Grand Prize Winner, or distribution of the prizes. The Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any systems associated with the Contest.

Sponsor makes no representation or warranty concerning the appearance, safety or performance of any Prize awarded. Additional restrictions, conditions, and limitations may apply. Sponsor will not replace any lost or stolen prize items.

  1. TAXES AND COSTS RELATED TO THE PRIZE: All applicable taxes, including all federal, state, local and other taxes and any license, destination and delivery charges are the sole responsibility of each Weekly Winner and the Grand Prize Winner, and each such winner will be issued a 1099 tax form for the actual retail value of the applicable prize. Any additional expenses not included in such prize are the sole responsibility of each winner.
  1. GENERAL CONDITIONS: By participating in this Contest, Participant agrees: (a) to be bound by these Official Rules, the decisions of the judges, which are final and binding, and the Sponsor’s Privacy Policy MadameNoire.com/privacy. Sponsor reserves the right to make changes or additions to these Official Rules and/or extend the dates of this Contest for any reason at any time. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
  1. USE OF PERSONAL INFORMATION: In order to participate in this Contest, Participants will be required to supply certain information about themselves on the MadameNoire webpage and affiliate webpages and channels. MadameNoire has specified which information is mandatory in order to participate in the Contest. /.

By participating in the Contest, you hereby agree to Sponsor’s collection and usage of your personal information and acknowledge that you have read and accepted Sponsor’s privacy policy found at MadameNoire.com/privacy. When you enter to participate in the Contest, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and information about Sponsor.  Consenting to receive such e-mails is optional and does not have to be agreed to in order to be eligible to enter the Contest and does not improve your chances of winning. All entrants acknowledge that if they are chosen as a winner, certain of their personally identifying information may be disclosed to third parties, at least as required by law, including, without limitation, such winner’s name on a winner’s list. All personal information submitted as part of the Contest may be shared by and between the Promotion Entities, and each of the Promotion Entities will use such information in accordance with their respective independent online privacy policies, including in order to identify and communicate with any winning entrant regarding the drawing and/or the prize.

  1. INTERNET: If for any reason the Contest is not capable of running as planned, including infection due to computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure, human error or any other causes beyond the control of Sponsor that corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right to disqualify any individual it finds who tampers with the entry process, operation of the Contest or website, and to cancel, terminate, modify, or suspend the Contest without notice and to select the finalist with the second most votes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect or delay in operation or transmission, communications line failure, problems or technical malfunctions of any computer online systems, servers, or providers, computer equipment, software, failure of any email or Submission to be received by Sponsor on account of human error, technical problems or traffic congestion on the Internet or at any web site, theft or destruction, or unauthorized access to, or tampering with or hacking of the website, any combination thereof, or otherwise, including any injury or damage to any Participant’s or any other person’s computer related to or resulting from participation in the Contest. Sponsor and its agents are not responsible for lost, late, or misdirected Submissions, for technical, hardware or software failures of any kind, for lost or unavailable network connections, or for failed, incomplete, garbled or delayed computer transmissions or any human error which may occur in the receipt or processing of the Entries.
  1. CAUTION: ANY ATTEMPT BY A PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY ALTER OR DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
  1. DISPUTES/GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any Participant or the Promotion Entities in connection with the Contest, shall be governed by and construed in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Florida. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Dade County, Florida, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. You agree to service of process by mail or other method acceptable under the laws of the State of Florida. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
  1. WINNER’S LIST/OFFICIAL RULES: For a list of winners (the “Winners List”) or a copy of the Official Rules, please send a self-addressed stamped envelope to: “MNKitchenBeautician,” Winner’s List/Official Rules, c/o Moguldom Media Group LLC, 171 Madison Avenue, Suite 1500, New York, NY 10016, to be received no later than six (6) months for the End Date. Residents from the States of Vermont or Washington need not affix return postage.
  1. INSTAGRAM DISCLAIMER: Participants should understand that they are providing their information to Sponsor. This Contest in no way is endorsed or administered by, or associated with Instagram.
  1. OPT-OUT: Anyone receiving a Sponsor promotion in their email may have their email address deleted from Sponsor’s electronic mailing lists by clicking on the unsubscribe link located in any promotional email.

Reference to third parties in connection with prizes and/or third party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.

 

 

 

 

 

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