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Sexy Hair Concepts, LLC (“Sexy Hair”) provides online and mobile platforms, including its website www.sexyhair.com and the Sexy Hair application (collectively, the “Platform”), tailored for its users (the “Users”), including users who have registered on the Platform (the “Registered Users”), to obtain information about Sexy Hair products and to connect and share individual customer experiences regarding those products.
The Platform allows our Registered Users to set up unique profiles that can be used to post content, including photographs, comments and any other materials, to the Platform (“User Content”) and enter contests on the Platform. In addition, Users can view these submissions to gain insight on how Sexy Hair products may be used. To enrich our Users’ experience, we request and display some Registered User information to other Users, which allows Users to identify each other and expand their network of friends and User contacts. Registered Users can change their profile information at any time and can control how other Registered Users and the Platform communicates with them.
Information We Gather
In an effort to provide our Users with the most useful Services, we collect information, including, but not limited to, the use of the Service, registration information, profile information, User Content, User contact information, cookies, internet protocol (“IP”) addresses, and information about the User’s computer and/or mobile device. This information helps us to evaluate the effectiveness of the Services, improve the information available to our Users and improve overall performance of the Platform.
When you register to become a Registered User and access the Services, you will provide us with your first and last name and e-mail address. During the registration process, we will give you the opportunity to provide additional profile information, such as your gender, your interests, and your job, and to add a photograph of yourself. We use this information to authenticate Registered Users and to send notifications to Registered Users relating to the Platform. Once you register as a Registered User, you can visit your profile at any time to update, modify, add or remove personal information about yourself.
When you purchase products through the Service, we retain your purchase and address or billing information. However, we do not retain credit card information other than to process the transaction. Your payment and personal information is always safe. Our Secure Sockets Layer (SSL) software is the industry standard and among the best software
available today for secure commerce transactions. It encrypts all of your personal
information, including credit card number, name, and address, so that it cannot
be read over the internet.
User Contacts and Invitations:
Invitations and Other Communications to Non-Registered Users:
Registered Users can invite others to join the service by sending invitation emails via our automated invitation system. We store the email addresses that Registered Users provide so that the respondents may be added to the list of the Registered User sending the invitations, and also to send reminders of the invitations. We do not sell these email addresses or use them to send any other communication besides invitations and reminders. Recipients of invitations may contact us to request the removal of their information from our database.
We keep track of the actions you take on the Platform, including, but not limited to, clicking on or posting a photograph or other User Content, viewing a product, viewing another Registered User’s profile, clicking on any advertisements, responding to any surveys, communicating with customer support, and providing feedback to Sexy Hair. In some cases, you also are taking an action when you provide information or User Content to us. For example, if you share a photograph, in addition to storing the actual content you uploaded, we might log the fact you added it. Additionally, we may collect information about you from other Registered Users, such as when a Registered User invites you to join as a Registered User, comments on a thread you started, or any information that indicates any type of connection with you.
Do Not Track Signals:
Sexy Hair does not currently incorporate a self-regulatory protocol with regards to internet browsers using Do Not Track signals nor does it impose any protocol on third-parties that it may share User data with.
Sexy Hair does not anticipate any breaches within its Platform or Services; however, if such breach occurs and any unencrypted personal User date is acquired by an unauthorized person then Sexy Hair will notify the respective User of the details via e-mail.
Other User Information:
Our website tracking program does not provide us with personal information about Users who have not registered as Registered Users; however, as is true of most websites, we gather certain information about all Users to the Platform and store it in log files. This information includes aggregate User information, IP addresses, browser type, location, internet service provider, CPU speed, connection speed, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information, on an aggregate, anonymous basis without identifying individual Users, to analyze trends, to administer the Platform, to track Users’ movements around the Platform and to gather demographic information about our User base as a whole. We do not link this automatic data to personally identifiable information, except, in rare instances, we reserve the right to use IP addresses for security and monitoring purposes, including to identify individuals who threaten the Platform, Sexy Hair or others. As part of this use of information, we may provide aggregate, anonymous information to our partners about how our Users, collectively, use the Platform to provide more relevant services and advertisements to Users. Again, except in the very limited manner indicated in this paragraph, we never disclose aggregate, anonymous information to a partner in a manner that would identify you personally.
Messages that you send to us by e-mail may not be secure. If you choose to send any confidential personal information to us via e-mail, you accept the risk that a third party may intercept and use this information.
Web Beacons and other Mechanisms:
There are other mechanisms we may use (such as web beacons and tags) that enable us to obtain certain usage information regarding the Services and the Platform. When we send you e-mails, we may include a web beacon to allow us to determine the number of people who open our e-mails. When you click on a link in an e-mail, we may record this individual response to allow us to customize the Service offerings to you. Web beacons collect only limited information, such as a time and date of a page being viewed, and a description of the page on which the web beacon resides (the URL). Web beacons can be refused when delivered via e-mail. If you do not wish to receive web beacons via e-mail, you will need to disable HTML images or refuse HTML (select Text only) e-mails via your e-mail software.
Use of Information:
Registered User profile information, including User Content and user IDs, are displayed to people in order to facilitate user interaction on the Platform. Email addresses are used for the purposes of adding Registered Users to networks, and to send notifications related to the Service. A Registered User’s email address is not shared or displayed to people within a Registered User’s personal network. Registered Users within a personal network communicate on the Platform with each other through the Platform, without disclosing their email addresses. Registered Users’ full names are never directly revealed to other Users unless a Registered User has posted that information on his or her profile page. To facilitate searching and finding other Registered Users on the Service, we allow Registered Users to search for other Registered Users using information that may be found in a Registered User’s profile.
Sexy Hair may engage other companies and individuals to perform functions on our behalf such as sending emails, fulfilling orders, processing credit card payments, and providing customer service. These companies or individuals will be provided access to personal information needed to perform their functions, but these companies and individuals have agreed or will agree to not use your personal information for other purposes.
The Platform allows a User to sign-up to receive newsletters, alerts, contest notifications and e-mails from Sexy Hair (to the extent that we provide these options). You always may (a) opt-out from our mailing list, (b) update certain information about you after you register with us, or (c) request deletion of your account with us, in each case by clicking on the unsubscribe or manage preferences link contained in each e-mail sent. When you update information, however, we often maintain a copy of the unrevised information in our records. In addition, please note that some information may remain in our records after deletion of your account.
Profile, Blogs, Message Boards, Chat Rooms and Public Forums:
Please be aware that whenever you voluntarily post public information to your profile, blogs, message boards, chat rooms or any other public forums (to the extent that we provide these options), even if within a portion of the Platform that may be accessed only by Registered Users, that information can be accessed by the public and in turn can be used by those people to send you unsolicited communications.
The links from the Platform that go to other websites are for convenience only, and do not imply that we endorse or approve any of those websites. We have no control over the content found on other websites and make no warranties or representations as to the accuracy or adequacy of any information found at such websites. Similarly, we are not responsible for information found on or through the Platform that is generated by third parties.
We are not responsible for any loss, injury, claim, liability or damage related to your use of the Services or the Platform or other linked websites, whether from errors or omissions in the content of the Platform, Services or any other linked websites, from the Platform being down or from any other use of the Services or the Platform. Your use of the Services and the Platform and others’ websites is at your own risk. We are not responsible for the privacy practices of other websites that are linked to us. Remember that any information that you voluntarily post on discussion boards, social media websites or elsewhere may be accessible by other users and is public information.
Sexy Hair E-mail Links:
You may e-mail us directly at email@example.com with any questions or comments. Sexy Hair endeavors to read messages received and to respond promptly. In addition to replying to your comment or inquiry, we may file your e-mail for future reference regarding improvements to the Services or the Platform.
A Special Note about Children:
The Platform is not designed or intended for use by children under 13. If you are under 18, you should access or use the Platform only with involvement of a parent or guardian. Children under 13 may not submit any personal information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, we will take appropriate steps to delete it. We comply with the Children’s Online Privacy Protection Act of 1998 (which is available at http://www.ftc.gov/ogc/coppa1.htm) and will not knowingly collect personally identifiable information from, anyone under 13.
Notification of Changes:
If you have any questions or concerns regarding privacy at the Platform, please contact us as follows:
Sexy Hair Concepts, LLC
21551 Prairie Street
Chatsworth, California 91311
1. Access To The Services
We will not be in default or be liable for any delay, failure in performance, compatibility or interruption of service resulting directly or indirectly from any cause beyond our reasonable control. You are responsible for obtaining and maintaining any equipment or ancillary services needed to connect to or access the Platform or otherwise use the Services, including, without limitation, modems, hardware, software, and long-distance or local telephone service. You are responsible for ensuring that those equipment or ancillary services are compatible with the Platform and Services.
2. Registration And Security
4. Copyright And Intellectual Property Policy
5. Third Party Content; Intellectual Property
The Platform is protected by copyright as a collective work and/or compilation, pursuant to U.S. copyright laws, international conventions and other copyright laws. Except as provided herein or with our written consent, you may not copy, download, upload, encode, modify, reverse engineer, publish, post, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, distribute, perform, display or in any way exploit, any of the Services or Content in whole or in part, other than for your personal use for non-commercial purposes.
Each third-party content provider owns the copyright and trademark rights in and to all content original to it, including, without limitation, the images delivered or otherwise made available to you through the Platform. Except as permitted by such third party, you acknowledge that you do not acquire any ownership rights in any User Content by downloading or otherwise accessing such third-party content.
We are not responsible for the Content provided by third parties, including statements, images or advertisements. Accordingly, we have no editorial control over the third-party content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, including those made in photographs posted through the Platform, are those of the respective third party and not of Sexy Hair. We do not guarantee the accuracy, completeness or usefulness of all or any portion of any third-party content or any services or offers made by third parties, nor will we be liable for any loss or damage caused by your reliance on information contained in any such Content, or your use of services offered, or your acceptance of any offers made through the Platform or the Services.
We have not reviewed all of the websites linked to the Platform and are not responsible for the content of any off-site pages or any other websites linked to the Platform. Your linking to any other off-site pages or other websites is at your own risk. The links to these off-site pages are provided only for your convenience.
You agree that you will not use any robots, spiders, crawlers or other automated downloading programs or devices to: (a) continuously and automatically search or index any Content; (b) harvest personal or business information from the Platform for purposes of sending unsolicited or unauthorized material; or (c) cause disruption to the working of the Platform. If the Platform contains robot exclusion files or robot exclusion headers, you agree to honor them. Any questions about whether a particular use is authorized and any requests for permission to publish, reproduce, distribute, display or make derivative works from any Content should be directed to us via email at firstname.lastname@example.org.
6. User Content
7. Your Communications
Any communications you transmit or post to the Platform (including on any bulletin board, chat room or other comment area that we may provide) (“Communications”) by email or otherwise will be treated as non-confidential and non-proprietary, and we will not be liable for any use or disclosure of any unsolicited Communications. Any Communications (including ideas, concepts, how-to, or techniques) you transmit to us or to the Platform may be used freely by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting, subject to any other agreement we have with you. By sending us Communications, you release, waive any claims with regard to, and hold harmless us and our officers, directors, shareholders, representatives and agents from and against any and all claims of any kind that are or could be asserted with respect to any use, license, sublicense, assignment, reproduction, distribution, creation of derivative works, public performances, public display, digital performances, sales, offers and other uses of any kind of such Communications in any media now known or hereafter developed, for any purpose whatsoever.
You hereby warrant, represent and agree to us that you will not transmit any Communications that are infringing, libelous, defamatory, obscene, pornographic, unlawful, threatening, scandalous, inflammatory, profane, abusive, offensive or otherwise violates any law or right of any third party, or that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any U.S. or international law. We reserve the right to remove any User Content from the Platform at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Content or if we are concerned that you may have breached the immediately preceding sentence), or for no reason at all. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone transmitting any such information or materials. This may include responding to legal requests from jurisdictions outside of the United States where we have a good faith belief that the response is required by law in that jurisdiction, affects users in that jurisdiction, and is consistent with internationally recognized standards. We have no obligation to monitor the Platform, the User Content made available therein, or any Communication that you transmit through the Platform. We assume no responsibility or liability arising from any Communications, Content or User Content nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within any Communications, Content or User Content. Without limiting the foregoing, we retain the right to remove any User Content that we, in our sole discretion, find to be in violation of the provisions hereof or otherwise objectionable or in breach of our or our licensors’ obligations.
You are responsible for all of your activity in connection with accessing the Platform and/or using the Services. Any fraudulent, abusive or otherwise illegal activity may be grounds for termination of your right to access the Platform or the Services. You may not transmit, or cause to be transmitted, any communication or solicitation designed or intended to obtain private information from any of our users.
Use of the Platform or Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material, including that which is deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. You will not run Mail list, Listserv, any form of auto-responder or “spam” on the Platform, or any processes that run or are activated while you are not logged on.
9. Warranty Disclaimer
We have no special relationship with or fiduciary duty to you. You acknowledge that we have no control over, and no duty to take any action regarding: which users gain access to the Platform; what Content or User Content you access via the Platform; what effects the Content or User Content may have on you; how you may interpret or use the User Content; or what actions you may take as a result of having been exposed to the Content or User Content. You release us from all liability for you having acquired or not acquired Content or User Content through the Platform. The Platform may contain, or direct you to websites containing, information that some people may find offensive or inappropriate. We make no representations concerning any Content or User Content contained in or accessed through the Platform, and we will not be responsible or liable for the accuracy, currency, completeness, suitability, timeliness, copyright compliance, legality or decency of Content or User Content contained in or accessed through the Platform, or for any human and/or technical error. THE PLATFORM, THE SERVICES, CONTENT AND USER CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER SEXY HAIR NOR ITS AFFILIATES, SUPPLIERS, LICENSORS OR AGENTS, MAKES ANY WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE INFORMATION THAT MAY BE OBTAINED THROUGH THE PLATFORM WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY CONTENT, USER CONTENT OR THE SERVICES WILL MEET YOUR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS.
ANY CONTENT OR USER CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH CONTENT OR USER CONTENT.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
11. Limitation Of Liability
12. Return & Refund Policy; Risk Of Loss
Please refer to our Return & Refund Policy[provide hyperlink]. All items purchased through the Platform are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier. We do not take title to any item that you return to us until that item reaches our warehouse. In our sole discretion, we may issue a refund without requiring a return. In this situation, we do not take title to the refunded item.
13. Product Descriptions
We attempt to be as accurate as possible in describing the products that we offer for sale through the Platform; however, we do not warrant that product descriptions or other content provided on the Platform is accurate, reliable, current or error-free. If a product is not as described, your sole remedy is to return it in its unused condition.
Our Platform and Services strive to provide the most accurate price available for all listed products. Placing an item in your shopping cart does not reserve the price shown at the time. The prices of all of our products is confirmed at the time when they are ordered. Despite our best efforts, a small number of items offered on the Platform may be mispriced. If the correct price of an item is higher than our stated price, we will, at our sole discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We generally do not charge your credit card until after your order has entered the shipping process.
15. No Third-Party Sales
Any product or product sample that we may provide to you is for your personal use only. You may not sell or resell any of the products or product samples that you receive. We reserve the right to cancel, reduce or modify any orders placed with us at our sole discretion.
18. Questions; Comments
If you have any questions or comments about us, the Platform or the Services, please send us an email at email@example.com. You should know that any email or Internet correspondence between us has the same effect as a written document under the law.
Copyright and Intellectual Property Policy
Sexy Hair has adopted the following policy regarding copyright infringement and violations of other intellectual property (“IP”) in accordance with the Digital Millennium Copyright Act (http://www.copyright.gov/legislation/pl105-304.pdf), also known as DMCA, and other applicable laws. Our contact information for receiving a notification of claimed infringement is listed at the end of this policy.
It is our policy to (1) block access to or remove work, content or material (“material”) that we believe in good faith to be copyrighted or otherwise protected material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements and Other IP Violations:
If you believe that material residing on or accessible through the Platform or the Services infringes a copyright or otherwise violates any IP right, please send a notice of copyright infringement or IP violation containing the following information:
1. A physical or electronic signature of the owner of the copyright or IP that allegedly has been infringed or of a person authorized to act on behalf of the owner;
2. Identification of the material that you claim to be infringed;
3. Identification of the material that you claim to be infringing, including information regarding the location of the infringing material that you seek to have removed (with sufficient detail so that we are capable of finding and verifying its existence);
4. Information reasonably sufficient to permit us to contact you, such as your name, address, telephone number, and email address;
5. Information reasonably sufficient to permit us to notify the owner/administrator of the allegedly infringing material, such as name, address, telephone number, and email address;
6. A statement by you that you have a good faith belief that the material is not authorized by the copyright or IP owner, his, her or its agent, or the law; and
7. A statement by you, made under penalty of perjury, that the information provided is accurate and that you are the copyright or IP owner or are authorized to make the complaint on behalf of the copyright or IP owner.
Please note that you will be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that material is infringing a copyright or IP right. If you are not sure whether the material available online infringes a copyright or IP right, we suggest that you first contract an attorney.
B. Our Response:
Once we receive proper bona fide notification of infringement, it is our policy:
1. to remove or disable access to the infringing material;
2. to notify the content provider or user that we have removed or disabled access to the material; and
3. that repeat offenders will have the infringing material removed from the system and that we will terminate their access to the Platform or Services.
C. Procedure to Supply a Counter-Notice to Us:
If the content provider or user believes that the material that was removed or to which access was disabled is either not infringing, or believes that it has the right to post and use that material from the copyright or IP owner, his, her or its agent, or pursuant to the law, the content provider or user must send us a counter-notice containing the information listed below:
1. A physical or electronic signature of the content provider or user;
2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
3. A statement, made under penalty of perjury, that the content provider or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material;
4. The content provider’s or user’s name, address, telephone number, and email address; and
5. A statement that the content provider or user consents to the jurisdiction of the federal district court for the judicial district in which the content provider or user is located, or if that address is located outside of the United States, for any judicial district in which Sexy Hair is located, and that the content provider or user will accept service of process from the person who provided notification of the alleged infringement or that person’s agent.
If we receive a counter-notice, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed material or cease disabling access to it in ten (10) business days. Unless the copyright or IP owner files an action seeking a court order against the content provider or user, the removed material may be replaced or access to it restored in ten (10) to fourteen (14) business days or more after receipt of the counter-notice, at our discretion.
Please note that the content provider or user will be liable for damages (including costs and attorneys’ fees) if he, she or it materially misrepresents that material is not infringing the copyright or IP right of others. If you are not sure whether certain material infringes the copyright or IP right of others, we suggest that you first contact an attorney.
Contest Official Rules
UNLESS SEXY HAIR PROVIDES OTHER CONTEST RULES SPECIFIC TO ANY FUTURE CONTESTS, THE FOLLOWING CONTEST OFFICIAL RULES APPLY TO ANY CONTEST SPONSORED BY SEXY HAIR ON ITS WEBSITE, MOBILE APPLICATION AND/OR ANY OTHER PLATFORM USED BY SEXY HAIR TO ADMINISTER A CONTEST. THESE RULES MAY BE SUPERSEDED BY SEPARATE OFFICIAL RULES FOR ANY SPECIFIC CONTEST CONDUCTED BY SEXY HAIR IN THE FUTURE.
ANY CONTEST SPONSORED BY SEXY HAIR IS INTENDED FOR PARTICIPATION WITHIN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA AND IS GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND/OR IF YOU ARE NOT LOCATED WITHIN THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF COLUMBIA AT THE TIME OF ENTRY.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
Each contest (the “Contest”) is open only to legal residents of the 48 contiguous United States and the District of Columbia who are 13 years of age or older at the time of entry. If you are under 18, you should participate in the Contest only with involvement of a parent or guardian. Employees of Sexy Hair and its affiliates (collectively, “Sponsor”), and the immediate family (spouse, parent, child, sibling and their respective spouses) and household members of such employees, are not eligible. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. All federal, state and local laws and regulations apply. Each entrant in the Contest (an “Entrant”) will be eligible to receive prizes as described in more detail below.
2. Entry Period:
Each Contest shall have a start time of 12:00 a.m. Pacific Standard Time (“PST”) on the first day of each month of the year and will end at 11:59:59 p.m. PST on the last day of that month, or in some other period as determined by Sexy Hair in its sole discretion (the “Entry Period”). Entries submitted before or after the Entry Period will be void.
3. To Enter:
Entrants must submit at least one set of before-and-after photos showing Entrant’s hairstyle before using Sexy Hair products and after using Sexy Hair products, via Sponsor’s mobile application during the Entry Period. Entrant’s mobile application submission must be submitted by a registered user of Sponsor’s mobile application. Sponsor will not be responsible for, and will not honor, lost, late, misdirected, incomplete, illegible, incorrectly formatted or misrouted entries. All entries become the property of Sponsor and will not be acknowledged or returned. Please also see the “Privacy” section in paragraph 10 of these Official Rules. By entering, Entrants agree to these Official Rules, which are final and binding in all respects.
Shortly after the end of each Entry Period, Sponsor will select one (1) prize winner from among all eligible entries received. Sponsor will select a winner based solely on the creativity, design, style and overall transformation of Entrant from the before-picture to the after-picture. Sponsor’s decisions are final and binding on all matters related to the Contest.
One (1) prize winner will receive a prize each Entry Period. Sponsor will determine what the prize will be for each Contest in its sole discretion. The prize, or any portion thereof, may not be transferred, sold, traded or rescheduled. No cash or other substitution may be made. Any voucher, gift certificate or gift card that may be provided to the winner as part of the prize is subject to the terms and conditions set by the company issuing the voucher, certificate or card. If the prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize or any portion thereof with another prize of equal or greater value. The prize is provided “as-is” and without warranty, express or implied, of any kind. Odds of winning depend on the number of eligible entries received.
6. Approximate Retail Value; Additional Terms of the Prize:
The total Approximate Retail Value (“ARV”) of each prize is less than $600. Any difference between the ARV and the actual value will not be awarded. The winner will be notified by e-mail, mail and/or phone within approximately three (3) weeks of the end of the Entry Period of each Contest. If the winner cannot be contacted, is ineligible or fails to claim the prize, or if the prize notification is returned as undeliverable, the prize may be forfeited, and an alternate winner may be selected, in the sole discretion of Sponsor. The winner must provide Sponsor with valid identification and social security number, if requested. The winner will be issued an IRS 1099 form for prize valued at or over $600, and a copy of such form will be filed with the Internal Revenue Service (IRS).
7. General Conditions:
Acceptance of a prize constitutes permission for Sponsor to use the winner’s submission, name and likeness for publicity, promotional, editorial or advertising purposes in connection with the Contest in any and all media now known or hereinafter created without territorial restriction and without further permission, notice or compensation (except where prohibited by law). As a condition to receiving a prize, the winner may be required to sign and return an Affidavit of Eligibility, a Liability Release and (where legally permissible) a Publicity Release within fourteen (14) days of notification. Failure to complete and return these documents may result in disqualification and the selection of another winner in the sole discretion of Sponsor. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil law. Should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The failure by Sponsor to enforce any term of these Official Rules will not constitute a waiver of that provision. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the “authorized account holder” in whose name the User ID is registered, provided that person meets all eligibility criteria set forth in the “Eligibility” section in paragraph 1 of these Official Rules. “Authorized account holder” means the natural person assigned to the email address, registered to the User ID, by an Internet Access provider, on-line service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address or registered user account.
By participating in the Contest, Entrants agree to release, defend and hold harmless Facebook, Inc., Twitter Inc., Instagram LLC, Pinterest, Inc., and Sponsor and its officers, directors, managers, members, employees, contractors, agents, successors and assigns (collectively, the “Released Parties”), from and against any and all claims or causes of action arising out of participation in the Contest or receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers or telephone or network lines; (c) printing or typographical errors; (d) lost, late, postage-due, misdirected or undeliverable mail; (e) errors in the administration of the Contest, the processing of entries or announcement of the prize; (f) 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, use or misuse of any prize; or (g) claims based on publicity rights, defamation, or invasion of privacy.
9. Valid Entries:
None of the Released Parties is responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries. The Released Parties are not responsible for computer system, technical, network, telephone equipment, phone line, hardware, software or program malfunctions, or electronic transmission errors resulting in omission, interruption, miscommunication, deletion, defect, theft or destruction, or unauthorized access to or alterations of entry materials, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Automated entries are prohibited, and any use of automated devices will cause disqualification. Entrants may not participate in the Contest with multiple email addresses nor may Entrants use any other device or artifice to participate as multiple Entrants. Any Entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to submit multiple entries will be disqualified and will forfeit any prize awarded (or any part thereof), in Sponsor’s sole discretion.
If the operation, security or administration of the Contest is impaired in any way for any reason, or if for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized human or mechanical intervention, fraud, technical failures, violation of the letter or spirit of these Official Rules, violation (or potential violation) of any laws, rules or regulations applicable to contests of this kind (whether state or federal), or any other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, Sponsor reserves the right, at its sole discretion, to: (a) suspend the Contest to address the impairment and then resume the Contest in a manner that best conforms to the spirit of these Official Rules; (b) award the prize from among the eligible entries received up to the time of the impairment; and/or (c) disqualify any individual who tampers with any aspect of the Contest.
Except where prohibited, each Entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state and federal courts located in the State of California, and Entrants hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action. ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED. In addition, (a) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred in entering and participating in the Contest but in no event shall they include attorneys’ fees or any litigation costs; and (b) under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, exemplary, special, incidental, direct, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (other than attorneys’ fees and litigation costs) as set forth in the preceding clause (a), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
If any provision of these Official Rules is found to be invalid or unenforceable by a court of competent jurisdiction, such determination shall in no way affect the validity or enforceability of any other provision herein.
13. Winner List:
For the name of the winner, send a self-addressed stamped envelope to the Sponsor at the address below.
14. Sponsor and Administrator:
Sexy Hair Concepts, LLC is the sponsor and administrator of the Contest. Facebook, Inc., Twitter Inc., Instagram LLC and Pinterest, Inc. do not in any way sponsor, endorse or administer the Contest. Furthermore, the Contest is not associated with Facebook, Inc., Twitter Inc., Instagram LLC or Pinterest, Inc.
Please contact us with the above information at the following address:
Sexy Hair Concepts, LLC
21551 Prairie Street
Chatsworth, California 91311