LumaBella® Hair Dare Giveaway Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
1. PROMOTION DESCRIPTION: LumaBella® Hair Dare Giveaway (“Promotion” or “Giveaway”) will commence on 12:01 P.M. CDT on May 9, 2017 and end at 11:59:59 P.M. CDT on July 28, 2017 (“Promotion Period”). The Sponsor is Shaser, Inc., 81 Hartwell Avenue, Suite 105, Lexington, MA 02421 (“Sponsor”). These Official Rules set forth the entire agreement between the Sponsor and the Participant (defined below) relating to the subject matter hereof, and supersede all prior agreements and understandings relating thereto, whether oral or written. Sponsor will be the official timekeeper of the Giveaway.
2. ELIGIBILITY: This Giveaway is open only to United States including the District of Columbia residents (excluding Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited by law) who are physically located in the U.S. and are the age of majority or older in their state or district at the time of entry.
If you do not meet all of these requirements or all other eligibility requirements in these Official Rules, you are not eligible to win a Prize. Employees, directors, officers and contractors of Sponsor and Sponsor’s advertising and promotion agencies and their immediate families or those living in the same household of each are not eligible to enter the Giveaway. The Promotion is subject to all applicable federal, state and local laws and regulations and is void where prohibited or restricted by law. Chances of winning this Giveaway depend on the number of eligible entries received during the Promotion Period.
3. HOW TO ENTER: To enter the Giveaway, during the Promotion Period, an eligible entrant must post photo of his or her self with their craziest hairstyle on Instagram from their own Instagram account with hashtag #LumaBellaHairDare , #Ad and tag @lumabellabeauty (“Participant”).
Participant’s Instagram account must be public so Sponsor can find your entry. Multiple photo entries are allowed. Sponsor is not responsible for lost, late, incomplete, garbled, illegible or misdirected entries, or for any error, human, technical or otherwise, which occurs or may occur in the posting or uploading of photos.
In the event of a dispute as to the identity of a Participant, posted entries will be deemed submitted by the authorized account holder of the Instagram account from which it was posted. The authorized account holder shall be the natural person to whom the applicable Instagram account has been assigned by the service provider.
Participant agrees that posting or submitting a photo and content as described above constitutes agreement to these Official Rules. You are not eligible to receive a prize described in the Official Rules, unless you agree to the Official Rules. These Official Rules form a binding legal agreement between Participant and the Sponsor with respect to the Giveaway.
4. HOW THE WINNER IS SELECTED: Beginning on May 14, 2017, Sponsor will select one  winner each week, at random, using www.spredfast.com from all the posted entries. There will be a total of twelve (12) chances to win. The random selections shall be final in all matters relating to the Giveaway. Sponsor will contact the winners via Instagram within seventy-two (72) hours of each selection (“Notice”). Neglecting to respond to the Notice with Participant’s full name, physical address and email within twenty-four (24) hours shall result in disqualification. In case of disqualification, another winner may be chosen at random at Sponsor’s sole discretion. The winners are subject to verification.
5. PRIZES: The twelve (12) winners will each receive one (1) LumaBella Cool Mist Straightener (LBS3500) with an approximate retail value of $89.00 USD (“Prize or Prizes”). The total value of all the Prizes is $1068.00 USD. The winners are solely and fully responsible for any and all costs, fees, and expenses associated with accepting, receiving or using the Prizes and all federal, state, provincial and local taxes on the Prizes. No transfer, substitution, or cash equivalent for any Prize is permitted, except Sponsor in its sole discretion reserves the right to substitute a Prize, if the Prize becomes unavailable for any reason. Prizes will be shipped to winners no later than August 1, 2017. Sponsor may post the Winner’s first name and last initial on Facebook, Twitter, Instagram or Sponsor’s websites.
By entering the Giveaway, Participant warrants that he or she is the owner of the photo and content and hereby grants to Sponsor a royalty free, irrevocable, perpetual and worldwide license to use, edit for brevity and clarity, and display the photo or content, without compensation of any kind or further notice to or approval from Participant or any third party. Sponsor is not responsible for any unauthorized third party use of any posted photo or content. Sponsor does not guarantee that any Participant’s photo or content will be used or displayed. Once submitted, photos cannot be removed by participants unless so requested by Sponsor.
Entering the Giveaway constitutes permission for Sponsor to use each Participant’s, name, photo, hometown, likeness, image, address (i.e., city and state), biographical information for purposes of advertising, online posting, promotion and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional compensation or consideration, unless prohibited by law. Except where prohibited by law, each Participant grants to Sponsor and its advertising agencies the right to use and publish each Participant’s photograph, proper name, likeness, opinion, biographical information and state in any media to promote Sponsor and the Promotion without additional consideration or compensation.
Although Sponsor is granted the rights herein, Sponsor is not obligated to, nor does Sponsor represent or warrant that any photos submitted will be published on any website or otherwise, or that such publication will be free of technical errors, problems or compatibility issues and Sponsor shall have no liability related thereto. Posted entries generated by a script, macro, or other automated means will be disqualified. Posted entries that are incomplete, garbled, corrupted, illegible, or unintelligible for any reason, including, but not limited to, phone, computer or network malfunction or congestion, are void and will not be accepted.
7. GENERAL CONDITIONS: Sponsor reserves the right to amend the Official Rules at any time in its sole discretion. Please check the Official Rules posted on Sponsor’s website for any changes/modifications.
8. DISCLAIMER: Sponsor and any agents acting for or on its behalf are not responsible for error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or for technical, network, telephone, computer, hardware or software malfunctions of any kind, or inaccurate transmission of, or failure to receive entry information on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof, or the incorrect or inaccurate capture of entry information or the failure to capture any such information. Sponsor is not responsible for any change in Participants’ e-mail addresses, mailing addresses and/or phone number. Further, Sponsor is also not responsible for any injury or damage to Participant’s or any other person's computer related to or resulting from participating in the Giveaway or for any electronic mail that is late, lost, misdirected, damaged, incomplete, or illegible. If the Giveaway becomes technically corrupted or compromised due to any of the foregoing factors or non-authorized human intervention, Sponsor reserves the right, in its sole discretion, to terminate the Giveaway in its entirety or to select the
potential winner from all eligible submissions received prior to termination. Notwithstanding anything to the contrary contained herein, Sponsor reserves the right to cancel, terminate or modify any promotion not capable of completion as planned, due to infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort.
9. LIMITATION OF LIABILITY/GOVERNING LAW: IN NO EVENT SHALL SPONSOR, INSTAGRAM, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES, AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, "RELEASEES”) BE RESPONSIBLE FOR ANY CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES (INCLUDING, ATTORNEYS' FEES) OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE, ARISING OUT OF PARTICIPATION IN THE GIVEAWAY, THE ACCEPTANCE, POSSESSION, USE, MISUSE, LOSS OR MISDIRECTION OF THE PRIZE(S), PARTICIPATION IN ANY GIVEAWAY RELATED ACTIVITIES OR ACCESS TO AND USE OF ANY INTERNET SITE, AND PARTICIPANT AGREES TO RELEASE, DEFEND, INDEMNIFY, DISCHARGE AND HOLD HARMLESS THE RELEASEES FROM ANY SUCH CLAIMS, ACTIONS, DEMANDS, LOSSES, LIABILITIES, DAMAGES, COSTS AND EXPENSES, INCLUDING, WITHOUT LIMITATION FROM ANY DAMAGE, INJURY, DEATH, LOSS OR OTHER LIABILITY EITHER AT LAW OR EQUITY WHETHER KNOWN OR UNKNOWN, ASSERTED OR NOT ASSERTED THAT MAY ARISE FROM OR IN ANY WAY RELATE TO PARTICIPATION IN THE GIVEAWAY OR THE AWARDING, ACCEPTANCE, USE OR MISUSE OF THE PRIZES. WITHOUT LIMITING THE FOREGOING, THE PRIZES ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY (EXCEPT FOR MANUFACTURERS’ WARRANTIES, IF ANY) OR REPRESENTATION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
This Giveaway will be governed by and construed in accordance with the laws of the state of Wisconsin, without giving effect to any choice of law or conflict of laws rules or provisions. Except where prohibited by law, as a condition of participating in the Giveaway, Participants agree that (a) any and all disputes and causes of action arising out of or connected with the Giveaway shall be resolved without any form of class action, (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) Participants hereby waive all right to claim Special Damages and all rights to have such damages multiplied or increased.
10. WINNERS’ LIST: For the first name and last initial of each winner or a copy of these Official Rules, (please specify) send a self-addressed, stamped envelope to: Shaser, Inc., 81 Hartwell Avenue, Lexington, MA 02421. All requests must be received by August 30, 2017.
THIS PROMOTION IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW. INSTAGRAM IS NOT A SPONSOR OF THIS GIVEAWAY.