Jessicurl "Name Jess' New Baby" Contest.
OFFICIAL RULES and TERMS AND CONDITIONS
NO PURCHASE NECESSARY
Jessicurl wants you to help us name our new firmer hold styling gel.
THE FOLLOWING CONTEST IS INTENDED FOR PLAY IN THE UNITED STATES ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO UNITED STATES LAW. DO NOT ENTER THIS CONTEST UNLESS YOU ARE LOCATED IN THE UNITED STATES AT THE TIME OF ENTRY.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE THE CHANCE OF WINNING. THIS IS A GAME OF SKILL, NOT CHANCE. VOID WHERE PROHIBITED. BY ENTERING, ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF THE JUDGES, WHICH SHALL BE FINAL IN ALL RESPECTS.
1. ELIGIBILITY: Open only to legal residents of any one of the 50 United States or the District of Columbia who are 18 years of age or older at time of entry.
2. CONTEST PERIOD: You may enter the Contest between 12:00:00 PM (noon) Western Standard Time (“WST”) on September 3, 2013 and 11:59:59 PM WST on September 16, 2013 (“Contest Period”).
3. TO ENTER: To enter the Contest, go http://namejessicurlproduct.questionpro.com (“Web Site”), during the Contest Period, and complete the entry form. BEFORE YOU WILL BE ALLOWED TO SUBMIT YOUR ENTRY, YOU MUST EXPRESSLY AGREE AND CONSENT TO BE BOUND BY THE TERMS OF SERVICE AND PRIVACY POLICIES OF THE WEB SITE AND THE “NAME THAT GEL” CONTEST. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE WEB SITE OR ENTER THE CONTEST. Follow the on-screen instructions to properly complete and submit your entry form, including up to three product names, for the Contest. Before completing the Entry, you will be required to agree that you have read or have had these Official Rules read to you and you are in agreement with these Official Rules. Submissions that do not include all required information and adhere to the Official Rules as determined by Sponsor in its sole discretion will be considered void. Once submitted, Submissions will not be returned. Sponsor may, in its sole discretion, remove, delete and/or disqualify any Submission and/or Entrant (as defined in “Additional Requirements” below) it deems inappropriate or otherwise non-compliant.
All submissions must be received by during the Contest Period.
The person completing the form and submitting at least one product name will be deemed the entrant (“Entrant”). The Entrant is the one (1) person who owns the email address associated with the entry. If any group elects to collaborate on a Submission, they are required to designate one (1) person as the agent of the group to enter the Contest, agree to these rules and accept the prize on behalf of the group. Sponsor is not liable for any disputes between collaborators arising under or related to the Contest.
Each individual Entrant is allowed a total of three (3) names with their Entry.
Each Submission must comply with the Web Site Terms of Service, as well as these Official Rules. In the event of any inconsistency between these Official Rules and the Terms of Service, the terms in these Official Rules shall prevail.
Each Submission must be the original work of the Entrant produced for this Contest; it may not have been entered in or won previous contests or awards); it may not have been published previously in any medium; it must not infringe any party’s intellectual property or other rights; it must be suitable for display and publication on the product itself, website and in all marketing materials (e.g. may not be obscene or indecent, including but not limited to nudity or profanity); it must not contain obscene or pornographic material, it must not contain defamatory statements (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group), it must not include threats to any person, place, business, group or world peace, it must not invade privacy or other rights of any person, firm or entity, and it must not in any other way violate applicable laws and regulations or network standards.
Each Submission must not feature or refer to any hair care products other than JESSICURL and it must not feature or reference any names or third party logos (other than the JESSICURL brand name), including but not limited to third party names, logos or trademarks.
Each Submission must not contain any copyrighted works (other than as owned by the Entrant)
In the event that two different individuals submit the same name, the name submitted first will supersede the later.
All Submissions will be reviewed for content before being published or judged; however, such review does not relieve Entrant from responsibility for compliance with all of the Terms of Service and these Official Rules. Submissions that do not comply in all material respects with the Terms of Services or these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by the Sponsor, in its sole discretion, will be disqualified and will not be published or considered for prizes. Sponsor makes the final determination as to which Submissions are eligible to take part in this Contest and be considered for the Grand Prize (defined below) Certain Submissions may be featured from time to time on the Web Site during the Contest Period and/or in Sponsor’s social media pages and channels, in Sponsor’s sole discretion; being selected as a featured Submission is unrelated to the Judging Criteria and does not guarantee selection as the winner in the Contest.
All Contest Entrants agree to release and indemnify and hold harmless the Sponsor from any and all claims that any commercial, advertising, presentation, Web content or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringe on the rights of Entrant’s work as contained in any Submission.
4. SELECTION OF WINNER:
Entrants agree that the Sponsor has the sole right to decide all matters and disputes arising from this Contest and that all decisions of Sponsor are final and binding. The Contest Winner, by acceptance of the Grand Prize, irrevocably consents to the use of such winner's name, likeness, image, voice, performance (in connection with interviews and other recordings), biographical information, and statements relating to the Contest or Sponsor or its affiliated parties, without further compensation, in all world-wide marketing, promotion, and publicity carried out in perpetuity by any of Sponsor or its affiliated parties in connection with this Contest. Grand Prize Winner further grant to Sponsor the right to use and publish their proper name and state or country of residence online, in print and any other media now known or hereafter devised in connection with this Contest in perpetuity. Prize winners may be required to sign and return, without limitation and to the extent permitted under applicable law, a Publicity Release and Assignment of Rights to Name and any other documentation or instrument that Sponsor and/or its affiliated parties may require.
5. PRIZE DETAILS:
ONE (1) GRAND PRIZE: The one (1) Grand Prize Winner will receive (1) $500 Jessicurl Gift Certificate.
6. WINNER NOTIFICATION: Finalists will be notified by email within fourteen (14) days of the end of the Contest Period.
7. GENERAL CONDITIONS: All Entrants must have a valid contest entry and e-mail address. Contest Winner is solely responsible for any taxes on their prize if applicable. No substitution of prize is offered, except at the sole discretion of the Sponsor. Prize is non-transferable. Unclaimed prize will not be awarded. If for any reason the Contest is not capable of running as planned, including without limitation, 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 the Contest, Sponsor reserves the right, at its sole discretion to cancel, modify or terminate the Contest. Further, Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Contest or any Sponsor or Contest-related Web Site; (b) violating the Official Rules; (c) violating the Web Site terms of service, conditions of use and/or applicable general rules or guidelines; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. This Contest is offered only in the United States and is governed by the laws of the state of California. All claims relating in any manner to this Contest or to any Submission must be resolved in the federal or state courts located in Humboldt County, CA.
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 CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to Entrants. By accepting a prize, the Contest Winner agrees, and agrees in writing if requested, that the Submission will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the Contest Winner agrees to irrevocably assign and transfer to Sponsor all of his/her right, title and interest in and to his/her Submission, if any, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration in the form of the prize, the receipt and sufficiency of which is hereby acknowledged. Finalists hereby waive in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that Finalist may now or later have to his/her Submission. Sponsor reserves the right to alter, change or modify a winning Submission, in its sole discretion. Upon request of Sponsor, Contest Winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the Submission and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. Without limiting the foregoing, Sponsor’s rights with respect to the winning Submission include, but are not limited to: (a) the exclusive right to use, publish, display or reproduce the Submission on products, packaging, advertising for purposes of trade and any other lawful purpose; (b) the exclusive right to alter, revise or change the Submission in any way; (c) the exclusive right to secure trademark and copyright registrations and other rights in the Submission anywhere throughout the world; (d) the exclusive right to license, exploit, sell, assign, or otherwise dispose of the Submission or any of the said rights included therein for any purpose which Sponsor may see fit; and (e) any and all subsidiary rights in the Submission.
8. LIMITATIONS OF LIABILITY AND RELEASE: No liability or responsibility is assumed by the Sponsor resulting from any user’s participation in or attempt to participate in the Contest or ability or inability to upload or download any information in connection with participating in the Contest. No responsibility or liability is assumed by the Sponsor for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Contest: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any e-mail transmissions to be sent or received; lost, late, delayed or intercepted e-mail transmissions; inaccessibility of the Web Site in whole or in part for any reason; traffic congestion on the Internet or the Web Site; unauthorized human or non-human intervention of the operation of the Contest, including without limitation, unauthorized tampering, hacking, theft, virus, bugs, worms; or destruction of any aspect of the Contest, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Contest. The Sponsor is not responsible for any typographical errors in the announcement of prizes or these Official Rules, or any inaccurate or incorrect data contained on the Web Site. Use of Web Site is at user’s own risk. The Sponsor is not responsible for any personal injury or property damage or losses of any kind which may be sustained to user’s or any other person’s computer equipment resulting from participation in the Contest, use of the Web Site or the download of any information from the Web Site. By participating in the Contest, the Entrant releases Sponsor from any and all claims, damages or liabilities arising from or relating to such Entrant’s participation in the Contest. By accepting a prize in the Contest, winner agrees that the Sponsor shall not be liable for any loss or injury resulting from participation in the Contest, or acceptance or use of any prize. Sponsor is not liable in the event that any portion of the Contest is cancelled due to weather, fire, strike, acts of war or terrorism, or any other condition beyond their control (a “Force Majeure Event”).
9. WINNERS’ LIST/RULES REQUEST: For the names of the Grand Prize Winner, send your request with a self-addressed, stamped envelope to be received by October 15, 2013 to: Jessicurl Name that Gel Promotion (specify Winners List or Official Rules), 5610 West End Road, Suite 101, Arcata, CA 95521.
Jessicurl, LLC, 5610 West End Road, Suite 101, Arcata CA 95521
Jessicurl, and the Jessicurl Logo are trademarks owned by Jessicurl, LLC. ©2013.