TEMPTU PRO TALENT SEARCH 2014 Official Rules
1. No purchase necessary to enter. A purchase does not increase your chances of winning.
2. Sponsor: The sponsor of this Contest is TEMPTU, located at 26 W. 17TH Street, Suite 302, New York, NY 10011 (”Sponsor”).
3. Eligibility: To participate or win, participants must be registered users of Instagram and at least 18 years old (or the age of majority in state of residence). Persons in any of the following categories are NOT eligible to participate or win prizes in the Contest: (a) any person who is a TEMPTU employee, director, officer, agent or independent contractor of TEMPTU; (b) individuals who are immediate family members (defined as spouse, IRS dependent, biological or adoptive or step- mother, father, sister, brother, daughter or son, and each of their respective spouses) of, or who reside in the same household as, any person in any of the preceding categories. Void where prohibited. The Contest is subject to all applicable federal, state and local laws and regulations.
4. How to Enter: The Contest begins at 9:00AM Pacific Time (”PT”) on March 11, 2014 and ends at 11:59 PM PT on April 15, 2014 (the “Contest Period”). To enter, you must submit your original artistry looks via Instagram with the hashtag #TEMPTUPROSEARCH and complete the entry by submitting your resume and filling out the form on the TEMPTU PRO Talent Search 2014 entry page. Looks submitted must be original works created by you and not violate the rights of any other party, including but not limited to intellectual property rights or rights of privacy/publicity. A person can enter more than one original looks in each category. Please submit your resume and entry form only once during the Contest period. Sponsor’s decisions will be final in all matters relating to the Contest and winners’ eligibility. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified. Each potential winner may be required to show proof of being the authorized account holder of the account associated with the winning entry in order to be awarded a prize.
5. Prize Drawing and Entry Periods: 1 Winner per category (of four categories) will be selected by TEMPTU at the conclusion of the Contest Period. If any potential winner cannot be contacted, or if prize is returned as undeliverable, potential winner forfeits prize.
6. Odds: Odds of winning any random drawing will depend on the quality and number of entries received during the applicable entry period(s).
7. Prizes and Approximate Retail Values: There will be 4 Winners in total. For the entry period, (described above in section 4) one (1) Grand Prize of the following will be awarded to each winner:
1 $500 TEMPTUPRO.com e-Gift Card
Winner is responsible for all insurance, federal, state, and local taxes on the prize or the prize winner’s income and any other unspecified expenses associated with acceptance or use of prizes.
9. Release: By receipt of any prize, winner agrees to release and hold harmless Sponsor, TEMPTU, and any promotional partners, each of their parent, subsidiary, affiliate, franchisees and related companies, and each of its and their respective officers, directors, employees, and agents (collectively the “Released Parties”) from and against any losses, damages, rights, claim or cause of action of any kind arising, in whole or in part, directly or indirectly, out of participation in the Contest or resulting directly or indirectly, from acceptance, possession, use, or misuse of any prize awarded in connection with the Contest, including without limitation personal injury, death, and/or property damage, as well as claims based on publicity rights, defamation, and/or invasion of privacy. TEMPTU requires the use of the winner’s name to be used in marketing materials e.g. the microsite, twitter, facebook for a period of 12 months following the conclusion of the Contest.
10. Limitations of Liability: The Released Parties are not responsible for: (1) 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 Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Contest; (4) technical or human error which may occur in the administration of the Contest or the processing of entries; or (5) 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 Contest or receipt or use of any prize or while traveling to or from any prize-related activity. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims. Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, abbreviate or suspend the Contest or any portion thereof for any reason without further obligation or advance notice. If the Contest is not capable of running as planned by Sponsor, notice will be posted on http://facebook.com/TEMPTU. In the event that the Contest is abbreviated for any reason, the Sponsor reserves the right at its sole discretion, but is under no obligation, to award prizes from among all valid and eligible entries received up to the time of termination. By entering, entrants agree to comply with these rules. Any entrant who attempts to tamper with the Contest, in Sponsor’s sole discretion, shall be disqualified. In the event of a dispute as to who submitted an entry, the Entry will be deemed submitted by (1) the authorized account holder of the Facebook account submitted at the time of entry (1) the authorized account holder of the Email account submitted at the time of entry. “Authorized account holder” means the natural person who is in control of the email address associated with the Facebook or commenting account. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES TO THE EXTENT ALLOWED BY LAW) FROM ANY SUCH ENTRANTS TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. If any portion of these rules is determined to be invalid or illegal, the remaining portions of these rules will remain in effect and be construed with their terms as if the invalid or illegal provision were not contained herein.
11. Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the appropriate New York State Court located in New York, New York; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
12. Notification: Winners will be contacted directly via an email from Sponsor’s Email account (@TEMPTU.com). It is the Entrant’s sole responsibility to contact Sponsor within 7 days to collect the Prize.
13. Winners List: To learn the identity of the winner, send a self-addressed, stamped envelope by June 1st, 2014 to: TEMPTU, 26 W. 17TH Street, Suite 302, New York, NY 10011 . Requests received after August 1, 2014 will not be honored.