Graftobian Giveaway Official Rules
Giveaway is offered only to legal residents in the
law.
2. Sponsor.
Graftobian – http://www.graftobian.com/
3. Giveaway Eligibility Period.
The Giveaway entry/submission acceptance period begins November 9, 2009 and ends on December 9, 2009 at 11:59 pm PST. No entries/submission will be accepted before or after the Giveaway Period.
4. To Enter.
To enter the Giveaway you must visit www.graftobian.com and find something you love about their site and/or product(s) (excluding lip palette and lipstick on giveaway) and then go to the Graftobian Giveaway email us webpage on www.glamoursis.com. The email must include: Email, First & Last Name, Address, City, State, Zip Code, Phone Number and Comment on what he/she loves about Graftobian. For extra entry(s), person who signs up for Glamoursis on Twitter, Facebook and /or YouTube must also include Twitter, Facebook and/or Youtube username in email. Each friend who was referred by another must include his/her friend's full name in email entry! All entries must include a valid email address and information. By submitting your giveaway entry email you are stating that you understand, agree and accept to all the giveaway rules, user agreement and privacy policy. Entry email must be complete and follow all guidelines in order to be entered into the giveaway. Incomplete, incorrect and /or improperly emails received will not be entered into giveaway. Glamoursis reserves all rights to disregard incomplete, incorrect and /or improperly filled out email entry(s) for any reason at their discretion. No purchase necessary to enter or win. VOID WHERE PROHIBITED. Automated or computer generated entries or mechanical reproductions are prohibited, and any use of automated devices or mechanical reproductions will cause disqualification. LIMIT: ONE ENTRY FORM PER PERSON. Glamoursis LLC and all of their respective officers, directors, shareholders, employees, affiliates, representatives and agents and Sponsor and its advertising and promotions agencies are not responsible for lost, late, incomplete, illegible, mutilated, inaccurate, misdirected, stolen or postage due entries or mail, or for any problems of any kind whether mechanical, human or electronic, including, but not limited to, computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, or service provider/Internet/web site/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Glamoursis LLC reserves the right to suspend or terminate any Giveaway in the event of any such problem. Giveaway entries are the property of Glamoursis LLC. E-MAIL CHANGE OF ADDRESS POLICY: It is your sole responsibility to notify Glamoursis LLC in writing if you change your e-mail address. (To do so: write to: elizabeth@glamoursis.com)
5. Extra Entries.
Glamoursis LLC offers opportunities to receive extra entries by correctly & accurately doing any or all of the following:
1. Sign up for the Glamoursis Newsletter for 1 extra entry!
2. Become a Glamoursis Facebook Fan for 1 extra entry!
3. Follow Glamoursis on Twitter for 1 extra entry!
4. Subscribe to our YouTube Channel for 1 extra entry!
5. Tell your friends and receive 1 extra entry for each friend who validly enters and
includes your full name in email entry!
Only complete valid entries will be accepted. Name provided by friend must match original entry of individual who referred friend in order to receive extra entry(s). Individual(s) will not receive extra entry(s) for incomplete, inaccurate and/or invalid email entry(s). If for any reason Glamoursis LLC feels that an individual(s) is abusing or misusing this extra entries opportunity Glamoursis LLC reserves all rights at their sole discretion to disregard any and all entries for any reason.
6. Prizes.
A total of One (1) prize will be awarded as follows: One (1) Grand Prize = (1) Graftobian Super Palette - 18 Lip Color Shades , (1) Graftobian Spice Lip Stick and (1) Graftobian Full Line Catalog . The stated prize will be awarded to eligible winner of Giveaway who claim the prize within 48 hours of initial contact of notification to the winner by Glamoursis LLC. After 48 hours have lapsed with no reply from winner, the winner automatically forfeits giveaway prize and a new winner's name will be randomly drawn. All above rules apply to new winner if pervious winner did not respond within 48 hours of initial contact by Glamoursis LLC. Any winner who did not claim his/her prize within the 48 hours of initial contact by Glamoursis LLC automatically forfeits and releases all rights to claim the giveaway prize. Prizes not claimed within such 48 hour period will not be awarded in the sole discretion of Glamoursis LLC. Federal, state and local taxes are the responsibility of the winner. If by reason of any error (relating to electronic transmission, technical or human errors or otherwise), more prizes are claimed than the number set forth in the applicable Giveaway, all persons making purportedly valid claims will be included in a random drawing for the number of prizes as stated.
7. Drawing; Odds of Winning:
Prize winners from all entries received by the December 9, 2009 deadline will be selected in a random drawing to take place on December 12, 2009. For Giveaway, odds of winning depend on the number of eligible entries received.
8. Awarding of Prizes.
Winner of the Giveaway will be notified by e-mail (the "Notification") within 15 days of the drawing. Winners will be required to complete a registration form, which will include an online Affidavit of Eligibility and Release. Where lawful, Glamoursis LLC may require each winner to provide proof that he or she is the authorized account holder of the e-mail address used to enter the Giveaway. In the event of a dispute regarding an online submission, the entry will be deemed submitted by the authorized account holder. "Authorized account holder" means the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or organization (e.g., business, educational, institutional) that is responsible for assigning e-mail addresses for the domain associated with such e-mail address. By completing the affidavit and release, the winners grant permission to the use of their names and email addresses for advertising and promotional purposes for this and similar promotions without additional compensation (except where prohibited by law). Prizes will be awarded within 30 days after receipt of all online registration forms. Prizes are not transferable. Non-compliance with these Official Rules or Terms of Service or undeliverable notification may result in disqualification and selection of an alternate winner.
9. General.
(a) Payment of all federal, state and local taxes are the sole responsibility of the winner and winners may receive an IRS Form 1099 or equivalent from Glamoursis LLC.
(b) By participating in the Contest, the winner or winners (or, in the case of a minor, their parent/legal guardian) agree to have their name, voice, or likeness used in any advertising or broadcasting material relating to this Contest, and to sign a publicity release, affidavit of eligibility and release of liability prior to acceptance of the prize. If a prize winner is a minor, prize may be awarded to the minor’s parent or legal guardian. By accepting the prize, each winner grants to Glamoursis LLC and Sponsors the right to use the winner’s name, voice, picture and/or likeness for purposes of advertising and publicity in any and all media now known or hereafter invented, without further permission or additional compensation (except where prohibited by law). All expenses on receipt and use of prize are the sole responsibility of winner. Winner by acceptance of the prize, agrees to release Glamoursis LLC, sponsers, and their advertising, promotion and production agencies and their respective parents and subsidiaries, shareholders, directors, employees, agents and representatives from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in directly or indirectly in connection with the receipt, ownership or use of the prize or while preparing for, participating in, and/or traveling to any Contest or prize-related activity.
(c) Glamoursis LLC reserves the right to make changes in the rules of the contest which will become effective upon announcement. Glamoursis LLC and Sponsors are not responsible for errors in the rules, their announcements, or the offering or the administration of the Contest.
(d) No prize transfers. Glamoursis and/ or Sponsors may substitute prizes for prizes of like value, in the Sponsors’ and Glamoursis LLC sole discretion. Prizes may not be substituted or redeemed for cash. Offer subject to federal, state and local regulations and laws and is void where taxed, restricted or prohibited. By entering, participants agree to these rules and the decisions of Glamorusis LLC and Sponsors.
10. Conditions.
A. The Giveaway is governed by these Official Rules. By participating, entrants agree to these Official Rules and understand that all decisions regarding the Giveaway including, but not limited to, winner selection, will be made by Glamoursis LLC, whose decisions shall be final and binding in all respects. Glamoursis LLC or Sponsor is not responsible for (i) lost, late, delayed, misdirected, unintelligible, incomplete or postage due mail or electronic mail; (ii) telephone, electronic, hardware or software program, network, Internet or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of the Glamoursis LLC or Sponsor which may cause the Giveaway to be disrupted or misused; or (v) any inaccurate information caused by any reason, including, without limitation, the Glamoursis website, Giveaway website users, equipment, or human or technical errors relating to the submission of entries. B. By participating in the Giveaway, you agree to release and hold harmless Glamoursis LLC and Sponsor, its clients, and promotional and advertising agencies, the entities whose names or brands appear in any Glamoursis LLC Giveaway, and all of their respective officers, directors, shareholders, employees, affiliates, representatives and agents from any and all losses, damages, rights, claims, actions and proceedings of any kind arising out of or relating to the Giveaway or resulting from acceptance, possession, use, or misuse of any prize, including, without limitation, personal injuries, death, and property damage, and any claims based on publicity rights, defamation, or invasion of privacy. IN NO EVENT WILL GLAMOURSIS LLC, SPONSOR, ITS CLIENTS, PROMOTIONAL AND ADVERTISING AGENCIES, THE ENTITIES WHOSE NAMES OR BRANDS APPEAR IN ANY GLAMOURSIS GIVEAWAY, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, REPRESENTATIVES AND AGENTS BE RESPONSIBLE FOR DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF OR RELATING TO YOUR USE OF THE GIVEAWAY WEB SITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE GIVEAWAY WEB SITE. WITHOUT LIMITING THE FOREGOING, GLAMOURSIS LLC OR SPONSORS MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE AND ENJOYMENT OF ANY OF THE PRIZES, INCLUDING, BUT NOT LIMITED TO, THEIR QUALITY OR MERCHANTABILITY A PARTICULAR PURPOSE. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. C. Any and all disputes, claims and causes of action arising out of or connected with the Giveaway, including, without limitation, relating to any prizes awarded or not awarded, shall be resolved individually, without resort to any form of class action, and exclusively by binding arbitration in Salt Lake City, Utah, by a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA"). Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Giveaway, but in no event attorneys' fees. D. The Giveaway may be modified, canceled, terminated or suspended in whole or in part without prior notice for any reason, including, without limitation, computer virus, bugs, non-authorized human intervention, mechanical or electronic problems or other causes beyond the control of Glamoursis LLC or Sponsor which corrupt or impair the administration, security, fairness or proper play of the Giveaway. In the event of early termination of the Giveaway, all prizes will be awarded in a random drawing from among all eligible entries received through the date on which the Giveaway is terminated to the extent practicable, as determined by Glamoursis LLC in its sole discretion. E. Offer void where prohibited and subject to all applicable federal, state and local laws.
11. Internet
Glamoursis LLC or Sponsor is not responsible for lost or late entries nor 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 Glamoursis LLC, 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 beyond the control of the Glamoursis LLC or Sponsor or Sponsors affiliates which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Glamoursis LLC reserves the right at its sole discretion to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Contest. Caution: Any attempt by a contestant to deliberately damage any Web site or undermine the legitimate operation of the game is a violation of criminal and civil laws and should such an attempt be made, Glamoursis LLC reserves the right to seek damages from any such contestant to the fullest extent of the law.
12. Winners List.
Will be published on
13. Privacy Policy.
Please review our
Affidavit of Eligibility and Release
State of
_________________________________________________________________
County
of________________________________________________________________
I, ___________________________________, being duly sworn, say I am
____ years of age, my Social Security number is
_______________________, I reside at __________________________, and
my telephone number is_(___)__________________________________.
I am submitting this Affidavit with the understanding that it will
be relied upon to determine my eligibility in the Graftobian
Giveaway.
I affirm and represent that I have complied with all the rules and
regulations of the Giveaway and that I have committed no fraud or
deception in entering the Giveaway or claiming any prize. I
further represent that I am not an employee of the Sponsor or of any
other entity stated in the official rules whose employees are not
eligible to enter the Giveaway or a member of the immediate family
or household of any such employee, or otherwise ineligible to enter
the Giveaway.
In consideration of the Prize, which I acknowledge is good, valuable
and sufficient consideration, I hereby agree as follows:
1. To be solely responsible for any and all taxes which may be
payable due to my receipt of the Prize, and to authorize Glamouris
LLC to withhold any amounts required to be withheld pursuant to
Federal, state or local law.
2. [CASH PRIZE] To release Glamoursis LLC, its licensee,
their parent, affiliated entities, and each of their respective
officers, directors, shareholders, employees and agents from any and
all claims, demands, causes of action, losses, expenses, costs and
liabilities of any nature whatsoever which I may hereafter have
against any of them arising out of or in connection with the Contest
or the Prize.
3. [NON-CASH PRIZE] I acknowledge that Glamoursis LLC, its
corporate licensee, its parent corporation, their affiliated
entities and their respective officers, directors, shareholders,
agents and employees are not acting as the manufacturer or
distributor of the Prize. Glamoursis LLC, acting as a
consumer, acquired the Prize for the purpose of awarding the Prize
to a winner in the Giveaway. With respect to any claims I may
have as a result of the possession or use of the Prize, I agree that
I shall look solely to the Prize's manufacturer or others in the
chain of production and distribution of the Prize excluding
Glamoursis LLC. I acknowledge that Glamoursis LLC has not made
any representations or warranties with respect to the Prize.
Therefore, I hereby release Glamoursis LLC, its licensee, its parent
corporation, their affiliated entities and their respective
officers, directors, shareholders, employees and agents from any and
all claims, demands, causes of action, losses, expenses, costs and
liability of any nature whatsoever which I may hereafter have
against any of them arising out of or in connection with the
Giveaway or the Prize. Nothing herein contained shall in any
way limit my recourse against the manufacturer in the event I have
any claims as a result of possession or use of the Prize.
4. To grant to Glamoursis LLC and its licensees the right to
use my name, likeness, portrait, recorded voice and biographical
material, in order to advertise, promote or publicize Glamoursis
LLC, its licensee, the Giveaway, or any advertisers or
sponsors/co-sponsors associated with the Giveaway and their products
and services.
5. I hereby certify that I have read and complied with, and
that I understand, all of the rules of the Giveaway, a copy of which
is attached to this Affidavit of Eligibility and Release form and
that all information set forth below is true. The releases and
indemnities I have given with respect to the prize shall benefit the
Sponsors, as well as their agents, employees, shareholders,
officers, directors, affiliates, licensees and assigns. The
rights I have granted to use my name, likeness, photographs, etc.,
shall inure to the benefit of the Sponsors, as well as their
respective advertising agencies, licensees and assigns. I
agree to return upon demand to Glamoursis LLC any prize which has
been or may be awarded to me if any statement made by me in this
affidavit is false.
6. I acknowledge that Glamoursis LLC, its licensee, parent,
and affiliated entities , and each of their respective officers,
directors, shareholders, and any of their respective
representatives, assigns, employees, directors, officers and agents
have neither arranged for nor carry any insurance of any kind for my
benefit or that of my heirs, executors and administrators relative
to my use of the Prize, and that I am solely responsible for
obtaining and paying for any life, travel, accident, property or
other insurance relative to my use of the Prize.
7. I agree to indemnify and hold Glamoursis LLC, its licensee,
their parent, and/or affiliated entities, and each of their
respective officers, directors, shareholders, and any of their
respective representatives, assigns, employees, directors, officers
and agents harmless against any loss, damage or expense, including
court costs and reasonable attorneys’ fees, that any of them may
suffer or incur as a result of any breach of the foregoing
representations.
8. I understand and agree that this waiver, release, hold
harmless and assumption of risk is to be binding on my heirs and
assigns.
By: _______________________
(Signature)
________________________
(Date)
If you are under the age of 18, your parent or legal guardian must
sign below.
______________________________
Signature of Parent or
Legal Guardian
Sworn to and signed before me
this ____ day of ________________, 20__.
__________________________________
Notary
My Commission Expires: _____________
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