ARE YOU CONSIDERING PLASTIC SURGERY? SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
ELIGIBILITY: The Are You Considering Plastic Surgery? Sweepstakes ("Sweepstakes") is open to legal residents of the fifty United States of America and the District of Columbia who are at least eighteen (18) years old at the time of entry, unless otherwise specified. Employees of Total Beauty Media, Inc. ("Sponsor") and its affiliated companies, participating advertising agencies and/or prize suppliers, and members of their immediate family and/or those living in the same of household of each such employee are not eligible.
HOW TO ENTER THE ARE YOU CONSIDERING PLASTIC SURGERY? SWEEPSTAKES: Online sweepstakes only. Beginning 10 A.M. eastern time ("ET"), September 6th, through 11:59 P.M. ET, November 4th (the "Sweeps Period"), you can enter by completing the Are You Considering Plastic Surgery? Survey or entering the Sweepstakes on TotalBeauty.com. Completing this method of entry will result in you automatically receiving one (1) entry into the Sweepstakes. Limit one (1) entry per person per email address for each day during the Sweeps Period. (For purposes of this Sweepstakes, a "day" is defined as a 24-hour period, beginning at 12:00:00 A.M. ET and ending at 11:59:59 P.M. ET.).
WINNER SELECTION: Potential winners will be selected on or about November 7th in a random drawing from among all eligible online entries received by 11:59 P.M. ET, November 4th. Drawings will be conducted by Sponsor whose decisions are final. Odds of winning will depend upon the total number of eligible online entries received during the Sweeps Period. A winner is only eligible to win one (1) prize during the Sweepstakes.
PRIZES AND APPROXIMATE RETAIL VALUE ("ARV"): Three (3) winners will each receive a prize which shall be a Total Beauty Gift Basket (approximate retail value $300). The total ARV of all three (3) prizes awarded is $900. Winners will be notified via e-mail on or about November 7th. No more than the stated number of prizes will be awarded.
WINNER NOTIFICATION: Three (3) potential winners will be notified by e-mail to the e-mail address provided in the course of submitting an entry for the Sweepstakes. That email notification is deemed to have occurred immediately upon sending the email. If a potential winner does not respond within ten (10) calendar days of the date a winner's email notice is sent, that potential winner's prize will be forfeited, and Sponsor will award the applicable prize to an alternate potential winner by random drawing from among all remaining eligible entries in the Sweepstakes. There will be three (3) alternate drawings after which any un-awarded prizes will remain un-awarded. The prizes will be fulfilled 4-6 weeks after the conclusion of the Sweepstakes.
WINNERS LIST: For the winners' names, send a separate self-addressed, stamped envelope after October 4th to Are You Considering Plastic Surgery? Sweepstakes Winners List, Total Beauty Media, Inc., 3420 Ocean Park Blvd., Suite 3250, Santa Monica, CA 90405.
ENTRIES: Multiple entries per day from the same person or the same email address will be disqualified. Multiple entrants may not use the same email address and an entrant may not submit multiple entries using different email addresses. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries that have been tampered with will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof of receipt. Sponsor is not responsible for lost, late, misdirected, incomplete, or inaccurate entries. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address used to submit the entry. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner may be required to show proof of being an authorized account holder.
CONDITIONS OF PARTICIPATION: Sponsor will be the official time-keeper for the Sweepstakes and the Sweeps Period. Entrants must have a valid e-mail address and it is entrant's responsibility to update Sponsor of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of a 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 is permitted, except Sponsor reserves the right to substitute an advertised prize with 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. By participating, 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 the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Winners may be required to sign and return an affidavit of eligibility, a liability release and where legally permissible a publicity release within ten (10) calendar days following the date notice (or attempted notice) is sent. Failure to comply with this deadline may result in forfeiture of a prize and selection of an alternate winner. Return of any prize notification/prize as undeliverable may result in disqualification and selection of an alternate winner. Acceptance of a prize constitutes permission for Sponsor and its agencies to use a 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.
RELEASE OF LIABILITY; DISCLAIMER OF RESPONSIBILITY: By accepting a prize, a winner agrees to hold Sponsor and its affiliated companies, participating advertising agencies and/or prize suppliers, and their respective 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 Sweepstakes or acceptance or use of a prize. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prizes in the Sweepstakes. Sponsor assumes no responsibility or liability for: (a) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries; (b) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (c) technical or human error which may occur in the processing of entries; or (d) 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 Sweepstakes or receipt or use or misuse of any prize.
INTERNET: 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 on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. Sponsor reserves the right at its discretion to cancel, terminate, modify or suspend the Sweepstakes if it is not capable of being operated as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Sponsor's control which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes. In such event, Sponsor may award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Sponsor reserves the right to disqualify any individual from participating in the Sweepstakes or wining a prize if, in its sole discretion, Sponsor determines that said individual is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse or threaten any other entrants or Sponsor representatives. ANY ATTEMPT BY AN ENTRANT DELIBERATELY TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR DAMAGE THE TOTAL BEAUTY WEBSITE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
DISPUTES/CHOICE OF LAW: Except where prohibited, each entrant to this Sweepstakes agrees that: (a) 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 exclusively by state courts situated in Los Angeles, CA or the U.S. District Court located in the Central District of California, (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, "Special Damages"), and (d) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California State law, without reference to California's choice of law rules, governs the Sweepstakes and all aspects related thereto.
SPONSOR: The Sponsor of this Sweepstakes is Total Beauty Media, Inc., 3420 Ocean Park Blvd., Suite 3250, Santa Monica, CA 90405.
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