Especially Yours Head-To-Totally Fabulous Makeover Official Contest Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICED BY APPLICABLE FEDERAL, STATE OR LOCAL LAWS OR REGULATIONS. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO U.S. RESIDENTS IN THE CONTINENTAL U.S. 18 AND OLDER.
The Especially Yours Head-To-Totally Fabulous Makeover promotion starts on 3/1/2011 at 8:00AM EST and ends at 11:59PM EST on 5/25/2011.
To enter the promotion, you must be a lawful permanent resident of one of the continental (48) United States or the District of Columbia and be age 18 years of age or older. The employees, officers and directors of Sponsor, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, officer and director are not eligible to participate in this Promotion. Promotion and Contest are void where prohibited or regulated by applicable federal, state, or local laws, rules or regulations.
To enter the Promotion, email your submission, as further described in "A" below, ("Submission") to EYMakeover@especiallyyours.com between 8:00AM EST on 3/1/2011 and 11:59PM EST on 5/25/2011 (the "Submission Period"). A person submitting a Submission is referred to as an "Entrant". All Submissions must be received by 11:59PM EST on 5/25/2011 (the "Submission Deadline"). Sponsor's computer is the official clock for the Promotion. Limit one Submission per email address. All Submissions must meet the standards set out in these Official Contest Rules including, but not limited to, the Submission Requirements (specified below). Submissions and Photos may also be mailed to Especially Yours Contest, Attn: M. Comstock, PO Box 483, Brockton, MA 02303.
Content Requirements and Restrictions:
Submissions must include a written essay, no more than 500 words in length, in English, comprising a truthful description of why you, or the friend or relative you are entering deserve a Head-To-Totally Fabulous Makeover. We want to hear how receiving a Head-To-Totally Fabulous Makeover will change your/their life!
A photo (preferably in color) of the person you would like to be considered for the Head-To-Totally Fabulous Makeover ("Photo") must be included with each Submission. This Photo must have been taken within the last twelve (12) months and clearly display a likeness of the person that is subject of the Submission. Photos should be no larger than 8x10 and no smaller than 3x5.
Each Submission and Photo must be created and entered on an individual basis only (i.e., no joint or corporate entries);
Each Submission and Photo, or any component thereof, cannot have been submitted previously to or in connection with any other promotion of any kind or published, exhibited or displayed publicly through any means;
Each Submission and Photo must be the original creation of the Entrant. The Submission must not contain material that violates or infringes any rights of any other person or entity, including but not limited to rights of privacy, publicity, name, image, likeness, copyright, trademark or other intellectual property rights;
Submissions and Photos may not contain brand names or trademarks of any party;
Submissions and Photos must not contain any ideas or content that you consider proprietary or that are proprietary to any other party;
Submissions and Photos may not contain images or any type of artwork not created by Entrant;
Submissions and Photos must not contain material that is inappropriate, derogatory, indecent, obscene, hateful, tortious, defamatory, slanderous, libelous or that is unlawful, in violation of or contrary to any applicable laws or regulations or that may result in criminal or civil liability to any party; and,
Submissions and Photos may not contain material that promotes bigotry, racism, hatred or harm against any group or individual or that promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age.
Disqualification of Submissions: Any Submission or Photo that does not comply with the above requirements and restrictions or any other requirement herein is subject to disqualification. Sponsor may, at its sole discretion, disqualify any Submission (or Photo) it believes does not satisfy the requirements of these Official Contest Rules.
Sponsor's Ownership of Submissions and Photos: All Submissions and Photos, including all ideas, information or any other tangible or intangible materials submitted by an Entrant to Sponsor for any reason (collectively "Materials") will become the exclusive property of Sponsor, and no Materials will be acknowledged or returned. Sponsor shall have the right to edit, adapt, and publish any component of the Materials, and may use Materials in perpetuity, in all media, whether now known or hereafter developed, without attribution or compensation to the Entrant, his/her successors or assigns, or any other entity. SUBMITTING A SUBMISSION IN THIS CONTEST CONSTITUTES ENTRANT'S IRREVOCABLE ASSIGNMENT, CONVEYANCE AND TRANSFER TO SPONSOR OF ANY AND ALL RIGHT, TITLE AND INTEREST IN ALL MATERIALS, INCLUDING BUT NOT LIMITED TO ENTRANT'S SUBMISSION AND PHOTO, AND ANY COMPONENT THEREOF INCLUDING, WITHOUT LIMITATION, ALL COPYRIGHTS. THIS IS TRUE EVEN IF MATERIALS ARE LABELED OR OTHERWISE IDENTIFIED AS CONFIDENTIAL OR PROPRIETARY.
Entrant represents and warrants that the Materials are his/her original work and that, if the subject of the Photo is not of the Entrant, (a "Third Party Photo") it is of a family member or friend of the Entrant who has given express permission to the Entrant to use the photo in the Submission to this Contest. Entrant expressly agrees that if the Materials include a Third Party Photo, Entrant will provide a copy of the subject's express authorization and/or will obtain an express release from the subject of the Photo upon Sponsor's request.
Entrant further acknowledges and agrees that Entrant will not be eligible to win a prize or take possession of any prize, including the Grand Prize until Entrant signs and returns an Affidavit of Eligibility and Publicity Release and obtains same from any subject of a Third Party Photo (as further described in these terms and conditions).
Incomplete Submissions: Sponsor is not responsible for lost, late, incomplete, invalid, illegible, damaged or misdirected Submissions, which will may be disqualified; or technical failures of any kind, including, but not limited to, electronic malfunctioning of any network, hardware or software; any failed, incomplete, garbled or delayed computer transmissions or any combination thereof; or for any error, human, technical or otherwise; or any injury or damage to Entrant's or any other person's computer related to or resulting from entering, participating in, accessing or downloading information in connection with this Promotion. Sponsor reserves the right at its sole discretion to modify, cancel or suspend this Promotion for any reason whatsoever including, but not limited to, a computer virus, bug, or other cause beyond the control of Sponsor, or for any other reason or no reason. In case of dispute as to the owner of a Submission, the Submission will be deemed to have been submitted by the authorized account holder of the email address from which the entry is made. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrant may be required to provide Sponsor with proof that he/she is the authorized account holder of the email address associated with the selected Submission. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds tampering with the operation or entry process of the Promotion, or acting in violation of these Official Contest Rules or applicable law. Submissions delayed past the Submission Deadline of the Promotion Period will not be accepted and will be destroyed.
GRAND PRIZE WINNER SELECTION:
The Grand Prize Winner will be selected by a panel of judges ("Judges") designated by Sponsor based on the judging criteria ("Judging Criteria") set forth below, from among all eligible entries received. Judges, whose decisions will be final, shall judge and score the Entrant Submissions and Photos according to the following Judging Criteria:
Description of a unique and compelling reason why you or the person you are entering deserve to win an Especially Yours Head-To-Totally Fabulous Makeover
Personal style emanating from the Photo
Compliance with these terms and conditions, specifically Submission length and content, as well as size and format of Photo
The overall quality of the Submission as measured by creativity, writing style and the content of your story
One (1) Grand Prize package ("Grand Prize") will be awarded to the person who enters the Contest OR, if the Submission consist of a Third Party Photo, and the Entrant of said Photo so chooses, the Grand Prize will be awarded to the subject of said Photo. The Grand Prize consists of one (1) trip for two to New York, NY that consists of round trip coach class air transportation for two adults to New York, NY from a U.S. airport near Grand Prize Winner's residence (determined by Sponsor in its sole discretion) two nights hotel accommodations in New York City (double occupancy) at a hotel to be determined by Sponsor (the "Hotel"), and $300USD. Grand Prize Winner will be solely responsible for ground transportation to/from the airport. The estimated ARV of the Grand Prize package is $1,900USD. Grand Prize Winner will not receive the difference between actual and approximate retail value. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute the prize for one of equal or greater value if the designated prize should become unavailable or impracticable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.
Stopovers, open jaws, circle trips or frequent traveler mileages are not permitted. Grand Prize Winner and his/her travel companion must travel together on the same itinerary, and the tickets must be purchased at least 21 days in advance of travel. The travel companion of the Grand Prize winner must be 18 years of age or older.
Sponsor reserves the right to videotape, film and/or photograph ("Recording(s)") winner, the subject of any Third Party Photograph, and any permitted travel companion. To be eligible for a prize award, in addition to all other requirements, selected winner, the subject of any Third Party Photo, and any permitted travel companion must sign an Affidavit of Eligibility, Assignment and Release Agreement, in the form provided by Sponsor, affirming the winner's identity, eligibility to participate and consenting to the use of the Photo and such Recording(s), and providing Sponsor with ownership of the Materials and such Recording(s). Grand Prize Winner, the subject of any Third Party Photo, and any permitted travel companion must also execute a liability release, in the form provided by Sponsor, prior to issuance of travel documents (such consent and release agreements and liability releases are hereafter referred to as the "Releases").
Travel and accommodations are subject to availability and blackout dates. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to these Official Contest Rules and all other terms and conditions set forth by the Sponsor's airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, airline fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of the Grand Prize Winner. Grand prize Winner agrees to provide a valid credit card when checking in to the Hotel to cover the cost of such incidental charges, in accordance with the Hotel's then standard policies and procedures. All Grand Prize travel must be completed by December 31, 2011 and booked at least twenty-one (21) days prior to departure.
This Grand Prize Package is non-transferable, has no cash value and cannot be extended or replaced if destroyed, lost, stolen or unredeemed. Any applicable taxes on any prize are solely the responsibility of the Grand Prize Winner. There are no cash alternatives to the Grand Prize. All travel arrangements must be made by Sponsor's agent. Sponsor is not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies 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 or any other cause beyond Sponsor's reasonable control.
Grand Prize Winner Notification:
Sponsor will endeavor to notify the potential Grand Prize Winner by telephone, email or mail within seven (7) days after the selection of such Entrant as the potential Grand Prize Winner, or within a reasonable period thereafter. In order to receive the Grand Prize, the winning Entrant must complete and return the Releases to Sponsor or Sponsor's designated agent within seven (7) days of receipt of notification as a potential Grand Prize Winner. Failure to return the signed Releases within such seven (7) days may result in forfeiture of the Grand Prize. Awarding the Grand Prize is subject to verification, eligibility and compliance with these Official Contest Rules. If a potential Grand Prize Winner fails to return the signed Releases within the time specified or if the potential Grand Prize Winner is determined to be ineligible for any other reason in Sponsor's sole discretion the potential Grand Prize Winner will be disqualified. In the event of the disqualification of a Grand Prize Winner, the Entrant with the next overall highest score based on the judging criteria will be selected as the Grand Prize Winner, subject to their satisfaction of all obligations and requirements under these Official Contest Rules.
By participating in the Promotion, each Entrant releases and holds harmless Sponsor, together with its subsidiary, parent and related companies, and each of their respective agents, affiliates, suppliers, distributors, advertising and promotion agencies, prize suppliers, and each of their respective officers, directors, and employees (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, arising out of or relating to personal injury, death, or damage to or loss of property, intellectual property infringement, rights of privacy and publicity arising out of Entrant's participation in the Promotion, the Submission, Photo, or receipt or use or misuse of any prize, including the Grand Prize.
By participating in the Promotion, each Entrant, for his or herself and on behalf of the subject of any Third Party Photo and any permitted travel companion (as applicable), consents to Sponsor's and its agents' use of his, hers or their likenesses, photographs, films or videotapes, voices, opinions and/or hometowns and states, including, without limitation, Entrant's Materials (including Entrant's Photo), for promotional purposes in any media, whether now known or hereafter devised, worldwide, without further authorization, payment or other consideration. To the extent permitted under applicable law, each Entrant, for his or herself and on behalf of the subject of any Third Party Photo and any permitter travel companion (as applicable) hereby releases all claims relating to the foregoing use of his/ her or their name, image, likeness, photograph, film, videotape, voice, opinion and/or hometown and state of residence. Entrant, the subject of any Third Party Photo, and any permitted travel companion may be required to sign additional consents and releases relating to the rights outlined above before the awarding of any prize.
Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, for any reason or no reason, and/or if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it determines to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Official Contest Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to notify appropriate law enforcement and seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that or any other provision.
Limitations of Liability:
Sponsor is not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrant, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; (6) any claims related to or arising out of Sponsor's exercise of discretion hereunder; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Promotion or receipt or use or misuse of any prize, including the Grand Prize. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled, illegible, damaged or delayed computer transmission or any combination thereof. Sponsor and Administrator are not responsible for any liability for damage to any computer system resulting from participation in, accessing or downloading information in connection with the Promotion. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
Any and all disputes, claims, and causes of action with arising out of or connected with this Contest or Promotion, shall be resolved individually, and exclusively by arbitration before the American Arbitration Association, in accordance with its rules, as amended from time to time. All such proceedings shall take place before an arbitrator in the Commonwealth of Massachusetts. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Contest, but in no event attorneys' fees. By participating in this Contest, Entrants waive all rights to: (i) claim or be awarded any punitive, direct, indirect, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses; and (ii) to have damages multiplied or otherwise increased .
All provisions of these Official Rules shall be severable and the invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provisions.
Sponsor's failure to enforce any term of these Official Contest Rules shall not constitute a waiver of that provision.
The Sponsor of this Promotion is Specialty Catalog Corp. of 400 Manley St. West Bridgewater, MA 02379.