OFFICIAL DEVA CURLY GIRL CHALLENGE RULES

 

NO PROOF OF PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OFFER VOID OUTSIDE THE UNITED STATES AND WHERE PROHIBITED BY LAW.

 

The NaturallyCurly.com Deva Curly Girl Challenge (the "Sweepstakes") begins at 9:00:00 AM Central Standard Time (CST) on 3/31/09 and closes at 5:01:00 PM CST on 05/31/09.

 

Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. Winners' names will be selected by DevaConcepts. The producer of the Sweepstakes is NaturallyCurly.com, Inc., located at 3415 Greystone Drive, Suite 300, Austin, Texas 78731. The official Sponsor is DevaConcepts, 560 Broadway Suite 206, New York, New York, 10012.

 

(1) ELIGIBILITY: Entrants must be age twelve (12) or older at the date of entry to be eligible. Proof of eligibility, including age and residency, may be required. Void where prohibited by law. All federal, state, provincial and local laws and regulations apply. Sponsors reserve the right to cancel or modify the Sweepstakes for any reason, including, but not limited to, fraud, technical failures or any other factor beyond Sponsors' reasonable control that impairs the integrity of the Sweepstakes, as determined by Sponsors in their sole discretion. In such event, Sponsors reserve the right to award the prize at random from among the non-suspect entries received up to the time of the impairment.

 

Employees of NaturallyCurly.com, prize providers, advertising and promotional agencies and all other companies involved with this Sweepstakes are not eligible to enter or win.

 

(2) HOW TO ENTER: Entrants may enter the Sweepstakes by registering at www.naturallycurly.com/CurlyGirlChallenge and by following all online entry instructions, including answering all questions in their entirety to enter. Only online entries will be accepted.

 

Online entries must be received between 9:00:00 AM CST on 03/31/09 and closes at 05:01:00 PM CST on 5/31/09 ("Sweepstakes Entry Period") to be eligible. Limit one online entry per person during the entire Sweepstakes Entry Period. Online entries will be deemed made by the authorized account holder of the e-mail address submitted at time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. All entries become the sole property of Producer and Sponsor and will not be returned or acknowledged. Personal correspondence, telegrams, letters, e-mail, telephone calls or messenger letters regarding the Sweepstakes will not be returned and may not be acknowledged.

 

(3) PRIZES AND APPROXIMATE RETAIL VALUES:

 

FIRST PRIZE: One (1) Winner will receive a prize package including the following: Winner (1) will come to New York city on a travel voucher for a two night stay and one day of total beauty at the Deva Salon and Departure Lounge

• Exact details for the Deva Salon and Departure Lounge will include a haircut with Lorraine Massey (approximate retail value $250), two (2) spa services, and lunch provided at Spa (approximate retail value $335). While at the Deva Salon photos taken before/after the full day to be featured in the Curly Girl 2 book. Total approximate retail value is $585.00.
• Travel voucher: Travel certificate will be provided by an Airline specified by Sponsor and will be valid for one year from date of issuance. Certificate will be issued and preferred travel days will be coordinated with the Sponsor. Certificate will be issued by Sponsor for $400, value will not change due to Winner's departure city and date of travel. Total approximate retail value is $400.00.
• Hotel accommodations will be for a two night stay at a hotel partner preferred by Sponsor. Hotel stay will be based on availability and blackout dates. Total approximate retail value is $600. Actual price may vary due to availability.
• In the event that Winner lives in the New York, New York area or elects not to use the air travel component of the Grand Prize for any reason, the Travel Voucher will be forfeited and Sponsor will provide no compensation or substitution for difference in Grand Prize value.

The total approximate retail value of the Grand Prize ("Grand Prize Total ARV") is $1,585.

RUNNER UP PRIZE: Two (2) Winners will receive a prize package including the following: $200 of Deva products, a preselected assortment provided by DevaConcepts. Winner runner-up prize will be mailed to the address attached to your registration data with NaturallyCurly.com. If winners address is not on file, an email will be sent to confirm shipping information. Winner will receive product in the mail within 6 weeks of completion of the contest ending on May 31, 2009. The total approximate retail value is $200 each winner.

FIRST 50 ENTRIES: The first fifty (50) entries will receive an "Are you Straight or Curly?" Deva Curly T-shirt approximate retail value (APV $20). The T-shirt will be mailed to the address attached to your registration data with NaturallyCurly.com. If winners address is not on file, an email will be sent to confirm shipping information. T-shirts will be mailed to winners within 6 weeks of completion of the contest ending on May 31, 2009.

Three (3) individual winners will be selected from among all eligible entries received during Sweepstakes Entry Period in a random drawing by Sponsor, whose decisions on all matters relating to the Sweepstakes are final and binding. Subject to verification of eligibility, the persons whose name is drawn will be declared the winner of the Sweepstakes Grand Prize. Odds of winning a prize are based on the number of eligible entries received. Winner will be notified by email or telephone within (7) business days of the selection, at which time a full shipping address and phone number will be required for fulfillment of the prize. Winner will have (15) days from notification to accept the prize by replying to notification email or telephone call, as applicable. Sponsor is not responsible for late, lost, misdirected or unsuccessful efforts to notify the Winner. Winner assumes all liability for any damages caused, or claimed to be caused, by participation in the Sweepstakes or by acceptance or use of any prize, and agree to release NaturallyCurly.com from any such liability. If a selected Winner cannot be contacted, is ineligible or fails to accept a prize as required, prizes may be forfeited, and an alternate Winner selected. All prizes are provided "as is" and without any warranty of any kind. Prizes are not transferable or redeemable for cash, and may not be sold or bartered, including in any transaction on EBay or similar auction websites. No substitution of prizes will be permitted, except by the Sponsor, who reserve the right to award a substitute prize of equal or greater value if a prize is unavailable. Prizes will be awarded within (30) days of verification of each Winner's eligibility. Acceptance of prize constitutes permission (except where prohibited by law) to use Winner's name, prize won, hometown and likeness for purposes of advertising, trade promotion, online posting, and publicity without additional compensation in all media now known or hereafter discovered worldwide and on the World Wide Web without notice, review or approval as permitted by law. Winners may also be required to complete and sign a publicity release.

(5) GENERAL TERMS AND CONDITIONS: Conduct of Sweepstakes and selection of Winners are at Sponsor's sole discretion, and Sponsor's decisions are final and binding. Sponsor and their agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, prize providers, legal advisors and the employees, officers, directors and shareholders of each (collectively, "Releasees") are not responsible for, and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible or unintelligible entries; (ii) any condition caused by events beyond the control of Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with the Sweepstakes; (iv) any injuries, losses or damages of any kind, arising in connection with or as a result of the prizes or acceptance, possession or use of the prizes, or from participation in the Sweepstakes. By participating in the Sweepstakes, each entrant agrees to indemnify, defend, and hold Releasees harmless from any and all losses, damages, rights, claims, debts, demands, obligations, costs, fees, expenses, actions, causes of action and liabilities of any kind or nature whatsoever (including reasonable attorneys' fees and disbursements), in connection with the Sweepstakes or resulting from entrant's Sweepstakes participation, acceptance, possession, use or misuse of any prizes, including, without limitation, personal injury, death and property damage, and claims based on publicity rights, defamation, or invasion of privacy. Further, by submitting an entry or accepting any prize, all entrants agree to forever waive, release, discharge and covenant not to sue the Releasees, of, for and from any and all claims, debts, liabilities, demands, obligations, costs, fees, expenses, actions and causes of action whatsoever, of every nature, character and description, known and unknown, including, but not limited to, all those arising out of or in any way related to the Sweepstakes, these Official Rules, entrant's entry, the acceptance or use or misuse of any prize, entrant's information, any travel, any personal injuries, any death, or any property damage. By submitting an entry, entrant represents and warrants that he or she owns and/or has the authority to release the claims stated herein. Winners may be required to execute a Liability Release and an Affidavit of Eligibility prior to award of any prize. Failure to sign the Liability Release and/or Affidavit of Eligibility is grounds for disqualification. Entrants agree to abide by these Official Rules and by the decisions of Sponsor, which are final.

 

(6) DISPUTES: By entering the Sweepstakes, entrants further agree that: (1) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (2) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (3) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, special, 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 Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with the laws of the State of New York without giving reference to its conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the State of Texas. Any legal proceedings arising out of this Sweepstakes or relating to these rules shall be instituted only in the federal or state courts located in the State of Texas, County of Travis 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 parties agree to waive any defense of forum non conveniens or improper venue. 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.

 

(7) OPT-IN/OUT: By providing personal information and email address in connection with this Sweepstakes, entrants agree to receive future information from NaturallyCurly.com, advertising and promotional agencies, and all other companies involved with this Sweepstakes. To be removed from any mailing lists, please contact each individually.

 

(8) NOTICE TO ONLINE ENTRANTS: In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the holder of the e-mail account. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. Releases are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or for any injury or damage to entrant's or any other person's computer related to or resulting from participating in the Sweepstakes. By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserve the right to: (i) permanently disqualify from this Sweepstakes any person who Sponsor, in their sole discretion, believe has intentionally violated these Official Rules; and (ii) withdraw the online method of entry if it becomes technically corrupted, (including if a computer virus or system malfunction inalterably impairs its ability to conduct the sweepstakes), and to select winner from among all eligible entries received prior to withdrawal.

 

(9) LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL and CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

 

(10) NAME OF WINNER: For name of winner, send a self-addressed, stamped envelope to Sponsor at NaturallyCurly.com, 3415 Greystone Drive, Suite 300, Austin, Texas 78731 after 6/30/09.