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 Upscale Magazine and
Avlon KeraCare®
FREE TO ENTER
NO PURCHASE NECESSARY
GENERAL RULES OF CONTEST:
To enter the Contest, mail a photograph. (See "How to Enter" below). The contest will last from September 1, 2009, through November 13, 2009.
A panel of judges selected solely at the discretion of Upscale and Avlon shall select the winner.
By submitting a photograph you hereby grant to Upscale and Avlon the usage rights to the submitted photograph(s), and to use, modify, delete from, add to, publicly perform, publicly display, reproduce and translate such content including without limitation in any media formats through any media channels. You agree not to raise any claim or dispute based on any right to privacy for the entrant against Upscale, Avlon or any others based on your participation in the Contest.
Upscale and Avlon reserve the right to amend the contest rules at any time. Entrant must be the owner of the photograph(s) and have the right to submit the photograph for consideration in the Contest. Entrant must own the copyright for the photograph, such as by providing the artistic impression for, and the taking of the photograph, or by acquiring an assignment of the copyright from another who provided the artistic impression for the photograph, such as the photographer. Submitted photographs should not be digitally, or otherwise altered.
All rules, rule interpretations, disqualifications, prize awards, and all other aspects of the Contest will be decided by Avlon based solely on Avlon’s judgment. The entrant indemnifies Upscale and Avlon for any and all costs associated with a claim, suit, or threat of claim based on Upscale’s and Avlon’s publication of any image entered in the Contest, including all reasonable legal costs. Businesses, individuals and/or organizations partnering with Upscale and Avlon for any reason, including but not limited to contest promotion, are the be considered “sponsors” with same rights and protections as Upscale and Avlon under these rules.
HOW TO ENTER:
Complete the registration form. Provide all requested information in the required fields contained in the entry form, along with a photo.
Submit by Postal Mail: Send in pictures along with contact information to
KeraCare® “Can You Be-Weave It?” Photo Contest,
Avlon Industries, Inc. 1999 N. 15th Avenue, Melrose Park, IL 60160
Entry form is available in the September/October 2009 issue of Upscale.
Because of the volume of photos expected, entries will not be returned.
Entries must be received by November 13, 2009
ELIGIBILITY:
Participation constitutes full and unconditional agreement to, and acceptance of these Official Rules. The Upscale Magazine and KeraCare® “Can You Be-Weave It?” Photo Contest is open to legal residents of the United States, who are at least 18 years of age.
Employees, officers, and agents of Upscale Magazine (Upscale) and Avlon Industries, Inc. (Avlon) their immediate family members and persons living in their same household are not eligible to enter the Contest. This Contest is offered in the U.S. only and shall only be construed and evaluated according to U.S. law. Residents of states that prohibit such contests are ineligible.
JUDGING:
The decision of the judging panel will be final.
AWARDS:
The grand prize winner will be an entrant with a weave and/or extensions hairstyle and will receive a cash prize of $500, payable by check and mailed within 6-8 weeks after the contest ends and judging has occurred.
The stylist of the grand prize winner must be a licensed cosmetologist and the person who applied the weave and/or extensions to the hair of the winner.
Product prizes to the winner’s stylist will be in quantities estimated to be a six-month supply for a single stylist in an average salon. This prize is solely determined at the discretion of Avlon Industries and may not be amended, redeemed or exchanged for retail or cash value of any kind.
One (1) grand prize winner will be selected and may at the discretion of Upscale and Avlon will be featured in a future issue of Upscale and on the Avlon website at a time to be determined by the Sponsors.
WINNER NOTIFICATION:
Avlon will contact winners in accordance with the information supplied on their Entry Forms. Winners may be verified over the telephone at the time and may be asked to provide Sponsors with valid identification. Acceptable identification includes a valid driver’s license or other valid picture ID showing name and address, and a current cosmetology license for the winning stylist. Faxes will not be accepted. If Sponsors are unable to communicate directly with a winner within two (2) days from initial attempted notification, Sponsors in their sole discretion may disqualify that winner and select an alternate winner using the same winner selection method set forth above. Alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. Upon verification of eligibility, the names and/or photographs of the Grand Prize Winner and Stylist will be posted on www.avlon.com. Winners will be required to complete and return an affidavit of eligibility and liability release.
MISCELLANEOUS:
All federal, state and local laws apply. Upscale and Avlon shall be entitled to Interpret these rules as needed - including but not limited to rules regarding entries, selection of winners, deadlines, restrictions on awards, and eligibility - and all of their decisions are final. By entering, Entrants agree to these Official Rules. Sponsors reserve the right to cancel, terminate or suspend this Contest or any part of this Contest at any time and for any reason, including but not limited to any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, corruption or impairment of the security, administration, fairness and/or operation of this Contest, as determined by Sponsors in their sole discretion.
Sponsors retain the right to select the Winners in accordance with any criteria deemed appropriate at the sole discretion of the Sponsors, including the previously announced selection criteria from among all non-suspect eligible entries received at the time of the Contest termination.
Sponsors are not responsible for lost entries or for any failed, delayed, or misdirected submissions or errors of any kind, whether human, mechanical, or electronic, even if the failures or disruptions are due to Sponsors errors, or for entries that for any reason are not received by Sponsors by the deadlines stated above. Sponsors are also not responsible for postage due, illegible, mutilated, late, lost or misdirected entries or any injury or damage to any computer, modem or other electrical device as a result of participation in this Contest or downloading of any software or materials. Sponsors reserve the right to correct typographical or clerical errors in any Contest-related materials.
No more than the stated number of awards will be available. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of awards as set forth in these Official Rules to be available and/or claimed, Sponsors reserve the right to provide only the stated number of awards by selecting the Winners using any criteria deemed appropriate at the sole discretion of the Sponsors.
Upscale and Avlon will NOT be responsible for the inability to select winners because of postal failure, equipment failure, or data storage failure. Sponsors reserve the right to prohibit any Entrant from participating in the Contest if, at their sole discretion, Sponsors find such Entrant to be tampering with the entry process or the operation of the Contest, or if such Entrant repeatedly shows a disregard for, or attempts to circumvent, these Rules, or acts: (a) in a manner Sponsors determine to be not fair or equitable; (b) with an intent to annoy, threaten or harass any other Entrant or Sponsors; or (c) in any other disruptive manner as determined by the Sponsor. Any person attempting to defraud or tamper with this Contest in any way will be ineligible to participate or receive an award and may be prosecuted to the full extent of the law. Any failure by the Sponsors to enforce any of these Rules shall not constitute a waiver of such Rules.
Entrants agree to release the Contest Sponsors from any and all liability related to this Contest and the use of the Entry Photograph.
DISPUTES:
By entering the Contest, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any awards shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the Entrants and Sponsors in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of Illinois without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Illinois. Any legal proceedings arising out of this Contest or relating to these rules shall be instituted only in the federal or state courts located Illinois and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
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