THE WOMAN WITHIN “WHO IS YOUR ROLE MODEL”CONTEST
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
By participating in The Woman Within “Who is Your Role Model” Contest (the Contest), each participant (“Contest Entrant” or “Entrant”) unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of FullBeauty Brands, Inc. (the “Sponsor”) and US Sweepstakes & Fulfillment Co. (the “Administrator”), which shall be final and binding in all respects.
ELIGIBILITY:The Contest is open to legal residents of the 50 United States, including the District of Columbia (excluding Arizona, Colorado, Maryland and North Dakota), who are age 18 or older at the time of entry and who are not under contract with a modeling or talent agency. Individuals who are under contract with any modeling or talent agency will be disqualified. Void in Arizona, Colorado, Maryland, North Dakota, Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees of the Sponsor, Administrator and their respective subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members (spouses, parents, grandparents, children, and siblings and their respective spouses) of, and/or those living in the same household of each, are not eligible to enter. The Contest is subject to all applicable federal, state and local laws and regulations. In the event that the Contest is challenged by any regulatory authority, Sponsor reserves the right to discontinue or modify the Contest or to disqualify participants in the affected geographic areas.
CONTEST ENTRY PERIOD: The Contest begins at 12:00:01 AM Eastern Time (“ET”) on Tuesday, November 6, 2018 and ends at 11:59:59 PM ET on Thursday, December 6, 2018 (the “Contest Entry Period”). The Sponsor’s computer is the official timekeeping device for this Contest.
HOW TO ENTER: Submit an original Photo (the “Photo”) of yourself and a person you consider a role model (the “Role Model”) and provide a short, unique statement (the “Statement”) describing who your role model is and why. Entrant or Role Model, one or the other or both, in the photo must be wearing a Woman Within branded item. The Photo and Statement must be submitted through one of the three (3) methods below:
Method #1: Online Entry. During the Contest Entry Period,visit https://www.womanwithin.com/gallery(the “Contest Website”), follow the instructions to upload your Photo and complete the entry form, including your Statement, and submit (the “Online Entry”).
Method #2: Twitter Entry. During the Contest Entry Period, log in to your Twitter account, follow @WomanWithin and tweet your Photo and Statement in a single tweet, including the hashtag #WWRoleModelContestand tagging @WomanWithin in the photo caption (the “Twitter Entry”). Message and data rates may apply. Entrant’s Twitter settings must be public. Tweets from private Twitter accounts will not be eligible. The decisions of the Sponsor are final and binding on all matters relating the eligibility of Twitter Entries.By submitting a Twitter Entry, Entrants agree to Twitter’s Terms of Service. This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter, Inc.
IMPORTANT: MESSAGE AND DATA RATES MAY APPLY TO USE OF MOBILE PHONE/DEVICE IN CONJUNCTION WITH PARTICIPATION IN PROMOTION (AS APPLICABLE). TWITTER AND INSTAGRAM ARE FREE TO DOWNLOAD AND AVAILABLE FOR iPHONE FROM THE APPLE APPLICATION STORE AND FOR ANDROID FROM THE GOOGLE PLAY STORE.
Sponsor may not receive Entries from Twitter or Instagram users with “protected” updates or profiles that are not public (i.e. user has set the Account so that only people the user has approved can view updates). Twitter and Instagram posts not received by the Sponsor will not be entered into the Contest. Multiple participants are not permitted to share the same email address, Twitter account or Instagram account. Incomplete Entries will not be accepted and are void.
Online Entry, Twitter Entry and Instagram Entry collectively referred to herein as “Entries”.All Entries must be received between Tuesday, November 6, 2018 at 12:00:01 AM ET and Thursday, December 6, 2018 at 11:59:59 PM ET. There is a limit of one (1) Entry per person per day regardless of the method of entry.All methods of entry have an equal chance of winning. Any additional Entries received from any person within the same day will be void and will be disqualified. For the purposes of this Contest, a “day” is defined as the twenty-four (24) hour time period commencing at 12:00:01 AM ET and ending at 11:59:59 PM ET.
Each Entry must include an original Photo and Statement. Entries submitted with a Photo or Statement that have already been submitted or that are substantially the same as a previously submitted Photo and/or Statement, as determined by the Sponsor in its sole discretion, will be disqualified.
Once an Entry is submitted it cannot be modified by an Entrant. Sponsor is not responsible for lost, late, incomplete, illegible, garbled, inaccurate, invalid, misdirected, undelivered, or delayed Entries. No altered or incomplete submissions will be accepted.
ENTRY REQUIREMENTS & CONDITIONS: All Contest Entries must comply with the following minimum guidelines to be eligible:
- Photo must show the Entrant with a person who she/he considers a role model. At least one of the people in the photo must be wearing an item from the Woman Within brand.
- You must have express permission from any individuals included in the Photo and/or Statement. If Photo/Statement features a minor under the age of majority in his/her state of residence, you must obtain written permission from the minor’s legal guardian.
- Entry must conform to the format and size requirements and limitations of the Contest Website, Twitter or Instagram.
- Entry cannot contain content that is irrelevant to the purpose of the Contest.
- Once an Entry has been submitted, it cannot be modified or deleted by Entrant.
- Each submitted Photo and Statement must be original.
- No duplicate Photos or Statements or substantially similar Photos and Statements, as determined by the Sponsor’s in its sole discretion, may be submitted.
- By submitting a Photo taken by a third party, Entrant warrants and represents that he/she has secured all rights and clearances to the Photo from the photographer.
- Entry cannot be profane, pornographic, sexually explicit or suggestive or contain nudity.
- Entry cannot be violent or promote firearms/weapons.
- Entry cannot promote alcohol, illegal drugs or tobacco.
- Entry cannot defame, misrepresent or contain disparaging remarks about people, brands, products or companies.
- Entry cannot contain content that defaces or depicts any person, brand, product or company in a negative or inappropriate manner.
- Entry cannot be obscene or offensive, endorse any form of hate or hate group or be derogatory to any ethic, racial, gender, religious, professional or age group.
- Entry cannot reference or contain materials embodying copyrighted images, names, likenesses or other indicia identifying any brand, products, company or person, living or dead, without permission.
- Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor, Twitter and Instagram wish to associate.
- Entry cannot depict illegal activity and cannot itself be in violation of any law.
- Entry cannot in any way reference persons or organizations without written permission from any person or organization whose name or likeness is used.
- Entry may not include images of a known celebrity, famous or well-known person or any image which violates the right of privacy or publicity of any person.
- Photo and/or Statement cannot have been submitted previously in a promotion of any kind or won any previous awards.
By submitting an Entry, the Entrant understands and grants to the Sponsor an irrevocable, perpetual, non-exclusive worldwide license to use his/her Entry, Photo, Statement, name, hometown and likeness on the Sponsor’s various websites and social media sites and in advertising and/or promotional activities worldwide without compensation, permission or notification. Sponsor reserves the right in its sole and absolute discretion to alter, change or modify any Entry, which includes the Photo and Statement.
By submitting an Entry, Contest Entrant warrants and represents that: (a) Entry, Photo and Statement do not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other legal or moral rights of any person or entity; (b) Contest Entrant has obtained written permission from any person who may appear or is mentioned in the Photo and/or Statement; (c) Contest Entrant owns all rights to the Photo and Statement, including without limitation, copyrights, and has received prior written permission from a third party if any Photo was photographed by someone other than the Contest Entrant him/herself; and (d) Contest Entrant will indemnify and hold harmless the Sponsor, Administrator and related entities, agents and assigns from any claims and damages (including reasonable attorneys' fees) arising from or relating to the breach or alleged breach of your representations and warranties herein, the Entry, or Contest Entrant’s conduct in creating the Entry, the acceptance or use of any prize or otherwise in connection with this Contest
CONTEST ENTRIES POSTED TO THE CONTEST WEBSITE ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL CONTEST ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER.
PRIZES/APPROXIMATE RETAIL VALUE (“ARV”):
Grand Prize:There is one (1) Grand Prize available to be won. One (1) Grand Prize winner will receive a Caribbean Cruise package for two (2) people, winner and one (1) guest. The Caribbean Cruise package includes:
- Round-trip, coach-class airfare for two (2) to cruise departure location from a major airport nearest the winner’s residence as determined by the Sponsor; and
- Up to five (5) days Caribbean Cruise package (based on single-room/double-occupancy). Cruise line and destination to be determined by the Sponsor in its sole discretion.
The ARV of the Grand Prize is $3,450. The ARV may vary based upon dates of travel and point of departure. The difference between the ARV and the actual value of the Grand Prize will not be awarded.
First Prizes:There are ten (10) First Prizes available to be won. Each First Prize winner will receive one (1) $100 Woman Within Gift Card. The ARV of each First Prize is $100. The total ARV for all First Prizes is $1,000. Gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift cards cannot be used as payment on Woman Within Platinum Credit Card accounts. Gift card usage is subject to the issuing company’s complete terms and conditions, including expiration dates. Woman Within Gift Card terms and conditions can be found at https://www.womanwithin.com/products/woman-within-gift-card/5000001.html#cgid=WW_Gift_Card.
The total ARV of all prizes to be awarded: $4,450.
JUDGING & WINNER DETERMINATION: Alleligible Contest Entries received during the Contest Entry Period will be judged by the Sponsor, who shall use the criteria set forth below to determine one (1) Grand Prize winner and ten (10) First Prize winners:
- Emotional/Inspirational Reaction (50%)
- Creativity/Originality (50%)
The Entry that receives the highest total score based on the judging criteria will be deemed the potential Grand Prize winner. The ten (10) Contest Entries that receive the next highest total scores based on the judging criteria will be deemed the potential First Prize winners.
In the unlikely event of a tie, the tied Entry with the highest score in Criterion A, Emotional/Inspirational Reaction, will be deemed the potential winner. If an additional tie breaker is needed, the tie-breaking mechanism above will be used; however, instead of the highest score in Criterion A determining the potential winner from among the tied entries, the highest score Criterion B will determine the potential winner. In the event additional tiebreakers are needed, all tied Contest Entries will be judged by a separate panel of judges using the judging criteria above.
Sponsor reserves the right to not award all prizes if, in its sole discretion, an insufficient number of eligible entries are received. Judging scores will not be made public or shared.
CONTEST WINNER NOTIFICATION & VERIFICATION:
Grand Prize:In the event the potential Grand Prize winner entered via Twitter Entry or Instagram Entry, such potential Grand Prize winner will be notified by the Sponsor via direct message and/or Photo Comment to his/her public Twitter or Instagram account (the “Initial Notification”) on/around Thursday, December 20, 2018. To begin the prize claim process, the potential winner must respond as instructed to the Initial Notification with his/her full name and e-mail address within forty-eight (48) hours of the Initial Notification. Within three (3) days of confirmation of the information received from potential Grand Prize winner in response to Initial Notification, such potential Grand Prize winner will receive a second notification via email from the Administrator (the “Second Notification”) and will be required to complete and return an Affidavit of Eligibility, a Liability Waiver, an IRS W-9 Form and where allowable, a Publicity Release (collectively, "the Releases") within three (3) days of the Second Notification to be declared the Grand Prize winner. Travel Companion of winner will also be required to sign a Travel Companion Liability & Publicity Release.
If the potential Grand Prize winner entered via Online Entry, such potential Grand Prize winner will be notified by the Administrator via email (the “Email Notification”) on/around Thursday December 20, 2018 and required to complete and return the Releases within three (3) days of email notification to be declared the Grand Prize winner.
The Grand Prize will be awarded within approximately four (4) to six (6) weeks after Grand Prize winner is verified.
First Prize:In the event a potential First Prize winner entered via Twitter Entry or Instagram Entry, such potential First Prize winner will be notified by the Sponsor via direct message and/or Photo Comment to his/her public Twitter or Instagram account on/around Thursday, December 20, 2018. To begin the prize claim process, the potential First Prize winner must respond as instructed to the Notification with his/her full name, Instagram/Twitter ID, email address, mailing address and date of birth within forty-eight (48) hours of the Notification. Any potential First Prize winner who does not reply to the Notification with the required information and within the specified time period will be disqualified and an alternate First Prize winner may be notified.
If a potential First Prize winner entered via Online Entry, such potential First Prize winner will be notified by the Administrator via email on/around Thursday, December 20, 2018 and requested to confirm his/her full name, email address, mailing address and date of birth within 48 hours of Email Notification. Any potential First Prize winner who does not reply to the Email Notification with the required information and within the specified time period will be disqualified and an alternate First Prize winner may be notified.
First Prizes will be awarded within approximately four (4) to six (6) weeks after First Prize winners are confirmed.
If a winner is otherwise eligible under these Official Rules but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute and return the Releases on minor’s behalf.
PRIZE CONDITIONS: If any notification or prize is returned as undeliverable, or if potential Grand Prize winner or First Prize winner is found to be ineligible or not in compliance with these Official Rules he/she will be disqualified.
Prizes are not redeemable for cash. Prizes are not assignable nor transferable, unless otherwise indicated by the Sponsor. No substitution is permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. No cash in lieu of prize and no exchange or substitution of prize, except at the sole discretion of the Sponsor.Any other incidental expenses on prize not specified herein are the winner’s sole responsibility.
Travel related expenses, including but not limited to, ground transportation, taxes, gratuities, incidentals, upgrades, insurance, service charges, port surcharges,departure taxes, hotel, cruise, resort or property fees, luggage fees, food & beverage and personal expenses such as telephone/Internet charges, and gift shop purchases are the sole responsibility of Grand Prize winner. Grand Prize winner and travel companion must travel on same itinerary. Any costs related to travel insurance, passports, visas, vaccinations, transfers and all other ancillary costs (as well as the costs of obtaining any of these) are the winner’s responsibility. Winners are responsible for obtaining proper travel documentation, including passports and visas, as applicable and to comply with any customs and immigration requirements. Travel is subject to availability; advance booking requirements and travel restrictions may apply. Cruise package must be booked eight (8) months in advance and is only available from January 2019 to December 2019.
BY ACCEPTING PRIZE, GRAND PRIZE WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR, LAND AND SEA TRAVEL, INCLUDING POTENTIAL PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE USE OF GRAND PRIZE IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES TO THE EXTENT ALLOWED BY LAW THAT THE SPONSOR, THE ADMINISTRATOR AND THEIR EMPLOYEEES AND AGENTS SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
The Grand Prize winner and his/her travel companion are responsible for obtaining any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Photo identification and credit card or cash deposit may be required at any time for incidental charges (e.g., room service, use of telephone/IT services, laundry and all other optional extra services not provided in the Grand Prize). If Grand Prize winner elects to travel or partake in the Grand Prize with no guest, no additional compensation will be awarded. All reservations are based on availability and all holidays are excluded. Accommodations are subject to availability at time of reservation. Blackout dates, advance booking requirements and travel restrictions may apply. Availability is subject to factors such as weather, seasonality and space availability. Reservations are subject to availability. If weather affects the ability for winner and his/her guest to redeem any portion of prize during the scheduled date and time, then the Sponsor shall have no further obligation to the winner and/or guest other than to supply the remaining elements of the prize package minus the unused portion of prize. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, cruise line, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. Sponsor is not liable for expenses incurred as a consequence of cancellation/delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. If for any reason whatsoever, winner and/or guests are unable to travel after all travel arrangements have been made and paid, the Sponsor shall have no further obligation to the winner. Winner and travel companion are responsible for obtaining the proper travel documentation (e.g., valid photo ID and passport with a minimum validity 6 months after the date of return) prior to travel. Winner’s travel companion must be legal U.S. resident, 18 years or older and must complete and return a Travel Companion Liability & Publicity Release prior to travel as noted above.
In the event the Grand Prize winner or his/her travel companion engages in behavior that, as determined by the Sponsor in its sole discretion, is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early, whole or in part, and send the winner and his/her guest home with no further obligation. In the event a winner engages in behavior during travel that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects winner to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner as a result of such conduct. SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF GRAND PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE.
Winners are responsible for all federal, state, local and income taxes associated with winning prize. Contest Grand Prize winner will be required to furnish his/her Social Security Number for the sole purpose of preparation of tax forms as required by law.
Except where prohibited by law, entry and acceptance of prize constitute permission to use winner’s name, social media username, prize won, Photo, Statement, hometown, likeness, social media profile, video tape, photographs, and statements for purposes of advertising, promotion and publicity (including online posting) in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification or permission.
GENERAL:Participating Entrants agree to these Official Rules and the decisions of the Administrator and the Sponsor, and release and hold the Sponsor, the Administrator, Twitter, Inc., Instagram, LLC, and their affiliated companies, and all other businesses involved in this Contest, as well as the employees, officers, directors and agents of each (the “Released Parties”), from all claims and liability relating to their participation in the Contest, and the acceptance and use/misuse of the prize offered. Entrants waive all rights to claim punitive, incidental and consequential damages. Winners assume all liability for any injury or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of a prize. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of any prize.
No confidential relationship is established by any Contest Entrant and the Sponsor as a result of participating in the Contest. None of the information submitted by the Contest Entrant will be treated as trade secrets, confidential information or as protected data.
Although subsequent attempts to submit an Entry on a given day may be received, only the first complete Entry received from a particular Entrant will be eligible; subsequent attempts by the same person to Enter, including entries submitted with an alternate email address, Twitter account, Instagram account, or identity will be disqualified. In the event of a dispute over the identity of an entrant, submission will be deemed submitted by the "Authorized Account Holder" of the email address submitted by the Contest Entrant or the Twitter or the Instagram account from which the entry is submitted. Authorized Account Holder means the natural person to whom the email address, Twitter or Instagram account is registered. Any entrant or potential winner may be required to show proof of being the authorized account holder to Sponsor’s satisfaction. Entry materials/data or that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Released Parties are not responsible for: (i) lost, late, misdirected, damaged or illegible entries; or (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of submission materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive submission information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (iii) any injury or damage to entrant's, or any other person's computer related to or resulting from participating in the Contest. By participating in the Contest, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and the Administrator, which are final and binding in all matters relating to the Contest. Failure to comply with these Official Rules may result in disqualification from the Contest. Sponsor reserves the right to: (i) permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and (ii) withdraw any method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest). If, for any reason, the Contest is not capable of being conducted as planned, including but not limited to infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures or other causes whether or not beyond the control of Sponsor, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor is not responsible if the Contest cannot be implemented or prizes cannot be awarded due to delays or interruptions due to acts of God, acts of war, strikes, governmental action, natural disasters, weather or acts of terrorism. Sponsor also reserves the right in its sole discretion to disqualify any individual found to be violating these Official Rules or suspected of attempting to disrupt or defraud the Entry process or the operation of the Contest. Sponsor reserves the right to disqualify any Entrant at any time during the Contest Period that may be found ineligible.
In the event any participant engages or has engaged in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that tends to annoy, abuse, threaten, disparage or harass any other person or company including the Sponsor or is otherwise inappropriate, the Sponsor reserves the right to disqualify the Entrant or winner and void any Contest Entries of said person.
LEGAL WARNING:ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT OR CONTEST ENTRANT, TO 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 SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW AND LIMITATION OF LIABILITY:All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other laws.
BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
DISPUTES: The parties hereto each agree to finally settle all disputes only through arbitration; provided, however, the Released Parties shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York, New York and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Contest shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in New York, New York. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court.
OFFICIAL RULES REQUEST: To request a copy of the Official Rules, see http://womanwithin.com/gallery#gallery-term-conditionor send a self-addressed, stamped envelope to be received no later than December 20, 2018 to:The Woman Within “Who is Your Role Model” ContestOfficial Rules Request, PO Box 25466, Rochester, NY 14625-0466.
WINNER CONFIRMATION REQUEST:For a written confirmation of the winner (availableafter December 20, 2018), send a stamped, self-addressed envelope (no later than January 18, 2019) to:The Woman Within “Who is Your Role Model” ContestWinner Confirmation Request, PO Box 25466, Rochester, NY 14625-0466.
SPONSOR:FullBeauty Brands, Inc., 1 New York Plaza, 14thFloor, New York, NY 10004.
Void in Arizona, Colorado, Maryland, North Dakota, outside the US, in Puerto Rico, and wherever else prohibited by law.