CurlyNikki's Winter Giveaway presented by CurlyNikki.com
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. All winners must be 18 years of age or older,
CurlyNikki's Winter Giveaway on CurlyNikki.com (the "Giveaway") begins at 12:00:00 a.m. Central Standard Time (CST) on 12/03/2012 and closes at 11:59:00 p.m. Central Standard Time (CST) on 12/14/2012.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. Winners' names will be selected randomly by Producer and Sponsor. The Producer of the Giveaway is TextureMedia, Inc., located at 6604 North Lamar Blvd. Austin, TX 78752.
HOW TO ENTER
Beginning 12/03/2012 at 12:01 AM Central Standard Time (CST) through 12/14/2012 at 11:59 PM Central Standard Time (CST), go to http://www.naturallycurly.com/winter-giveaway and complete and submit the entry form pursuant to the on-screen instructions. Entries for that day's prize must be received by 11:59 PM Central Standard Time (CST). Sweepstakes end at 11:59 PM Central Standard Time (CST). The next day's freebie sweepstakes begins at 12:00 AM Central Standard Time (CST). For a multi-branded sitewide giveaway, you may enter sweepstakes one time during each Freebie's 24-hour time frame. (Each day is a separate drawing and must be entered separately. Multiple entries for a single day will be disqualified.) For a single-branded custom giveaway, you may enter sweepstakes one time for the duration of the giveaway. (Multiple entries per giveaway will be disqualified.) Prizes will be mailed to the address associated with the entrant's account at the time of entry. Allow six to eight weeks for delivery. Winner(s) will be selected in a random drawing from among all eligible entries received on each day of the promotion. Drawing will be conducted by TextureMedia, Inc., whose decisions are final. Odds of winning will depend upon the total number of eligible entries received for each daily sweepstakes. Winners will be announced within 60 days of the Giveaway end date.
Open to legal residents of the 50 United States, unless otherwise specified 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 and/or Producer reserve the right to cancel or modify the chance to win one of 31 prizes for any reason, including, but not limited to, fraud, technical failures or any other factor beyond Sponsors' reasonable control that impairs the integrity of CurlyNikki's Winter Giveaway, 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 and immediate family members of TextureMedia, Inc, prize providers, advertising and promotional agencies and all other companies involved with this CurlyNikki's Winter Giveaway are not eligible to enter or win.
CONDITIONS OF PARTICIPATION
Online entrants must have valid email address and it is entrant’s responsibility to update Sponsor of any change in email address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded "as is" with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Winners may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. By accepting prize, winner agrees to hold Sponsor, its advertising and promotion agencies and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees harmless for any injury or damage caused or claimed to be caused by participation in the Promotion or acceptance or use of the prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prize.
Sponsor is not responsible for electronic transmission errors resulting in 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 or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
Winners will be selected from among all eligible entries received during CurlyNikki's Winter Giveaway Period by a selection process defined by Sponsor, whose decisions on all matters relating to CurlyNikki's Winter Giveaway are final and binding. Subject to verification of eligibility. Each person whose name is selected by Sponsor will be declared a giveaway winner by TextureMedia, Inc. Odds of winning a prize are based on the number of eligible entries received. Winners will be notified by email within seven (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 fifteen (15) days from notification to accept the prize by replying to notification email, 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 CurlyNikki's Winter Giveaway or by acceptance or use of any prize, and agree to release TextureMedia, Inc. and Sponsors, 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 thirty (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.
GENERAL TERMS AND CONDITIONS
Conduct of CurlyNikki's Winter Giveaway selection of winners are at Sponsor's and Producer's sole discretion, and Sponsor and/or Producer 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, "Releases") 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 CurlyNikki's Winter Giveaway to be disrupted or corrupted; (iii) any printing or typographical errors in any materials associated with CurlyNikki's Winter Giveaway ; (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 CurlyNikki's Winter Giveaway. By participating in CurlyNikki's Winter Giveaway, each entrant agrees to indemnify, defend, and hold Releases 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 CurlyNikki's Winter Giveaway or resulting from entrant's CurlyNikki's Winter Giveaway 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 Releases, 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 CurlyNikki's Winter Giveaway, 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.
DISPUTES/CHOICE OF LAW
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Austin, TX, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. Texas State law, without reference to Texas’s choice of law rules, governs the Promotion and all aspects related thereto.
Main sponsor is TextureMedia, Inc. 6604 North Lamar Blvd., Austin, TX 78752. Additional sponsors are the following: Beautiful Textures, MopTop, Fuzzy Duck, SheaMoisture, Naturally Nadine, Hawaiian Silky, Elentee Soy Organics, Twisted Sista, Jessicurl, Original Sprout, Blended Beauty, Hair Therapy Wrap, NaturallyCurly.com, CurlyNikki.com.