THE CULTURA NEW YEAR, NEW YOU MAKEOVER CONTEST

THE CULTURA NEW YEAR, NEW YOU MAKEOVER CONTEST
Contest is open to individuals who have moderate to severe wrinkles and folds and are legal residents of the 50 United States, and the District of Columbia; and are age 35 or older at the time of entry.
As part of the entry process, you will be asked to upload a unique photo that shows any lines, wrinkles or folds on your face. 
Limit: One (1) entry per person

*NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Contest is open to individuals who have moderate to severe facial wrinkles and folds and who are legal residents of the 50 U.S. states and D.C., ages 35 and older. Contest is void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S. and wherever prohibited by law. Contest begins at 12:00:01 AM ET on 01/01/17 and ends at 11:59:59 PM ET on 02/28/17. Subject to Official Rules.   Sponsors: Allergan & Cultura Dermatology & Laser

CONTEST DESCRIPTION: The Cultura New Year – New You Makeover Contest (the “Contest”) is a photo contest presented by Cultura Dermatology & Laser & Allergan (the “Sponsors”). The intent of the contest is to invite participants who have moderate to severe facial wrinkles and folds, such as nasolabial folds, to submit a photo that best represents his/her desire for a Cultura Makeover using BOTOX® Cosmetic, Juvéderm, Kybella, Voluma and Cultura Signature Laser Treatments. Each submission must clearly depict the participant’s moderate to severe wrinkles and folds on the participant’s face.

ELIGIBILITY: The Contest is open to individuals who, at the time of entry, (a) have moderate to severe facial wrinkles and folds; and (b) are legal residents of one of the 50 United States or the District of Columbia; and (c) are age 35 or older. Void in Puerto Rico, Guam, the U.S. Virgin Islands, outside the U.S., and wherever else prohibited by law. Employees and immediate family of the Sponsors, are not eligible to enter or win. Contest is subject to all applicable federal, state and local laws and regulations. Sponsor reserves the right to verify the eligibility of winners.

HOW TO ENTER & ENTRY GUIDELINES: To enter the Contest, during the Contest Entry Period you must do the following:

1. Submit your essay, contact information and photo to: slowery@CulturaMed.com  
2. Write an essay (up to 200 words) on why you deserve to win the Cultura New Year, New You Makeover Contest.
3. Include your name, mailing address, phone number, email address, date of birth
4. Send one (1) recent (taken between June 2016 and December 2016) photo depicting your moderate to severe facial wrinkles or folds. Photo must be high resolution and clear. Entries must be submitted by the participant. Photo must be taken without any make-up.

Limit: One (1) Entry per person. Although the Sponsor and/or Contest Administrator may receive multiple Entries from a participant, only the first complete Entry received from a particular participant will be eligible; subsequent attempts by the same person to enter, including Entries submitted with an alternate email address, will be disqualified. All submitted Entries become the property of the Sponsor and will not be acknowledged or returned. Incomplete Entries will not be accepted and are void.

Participants must have a valid email address to enter and/or win. Multiple participants are not permitted to share the same email address. Any attempt by any participant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that participant’s Entry and that participant may be disqualified at Sponsor’s and/or Contest Administrator’s sole discretion. Incomplete, illegible, corrupted, or untimely Entries are void and will be disqualified. Entries made by any other individual or entity that is not the person named on the submitted Entry and depicted in the Photo, or made in any manner inconsistent with these Official Rules, will be declared invalid and disqualified from this Contest. Once an Entry and Photo is submitted it cannot be modified by the entrant. No altered or incomplete submissions will be accepted. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any Entry, the authorized account holder of the email address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. By participating in this Contest, participants agree to be bound by these Official Rules and decisions of Sponsor and/or Contest Administrator, including their respective agents and representatives, which are final and binding on all matters relating to this Contest.

All Entries and Photos must comply with the following minimum guidelines to be eligible:
Entry and Photo cannot contain content that is irrelevant to the purpose of the Contest.
Photo must be in .jpeg, .gif or .png file format and may not exceed 10MB in size.
Photo must be recent, taken between July 2016 and December 2016.
Each submitted Photo must be original, on which no image editing software has been used.
Photo must be of satisfactory quality (i.e., brightness, focus, etc.) Any Photo submitted that is not of satisfactory quality may be rejected, at Sponsor’s sole discretion.
No duplicate Photos may be submitted.
By submitting a Photo taken by a third-party, entrant warrants and represent that he/she has secured all rights and clearances to the Photo from the photographer.

By submitting an Entry, entrants warrant, represent and agree that: (a) it is the entrant’s unedited and original work and has been legally created; (b) it has not been previously published or distributed in any media; (c) it has not won previous contests or awards; (d) it does 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; (e) entrant owns all rights, titles and interest to the Photo, including without limitation, copyrights, and has received prior written permission from a third party if Photo was photographed by someone other than the entrant him/herself; and (f) entrant will indemnify and hold harmless the Sponsor and the Contest Entities 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 entrant’s conduct in creating the entry, the acceptance or use of any prize or otherwise in connection with this Contest. Sponsor reserves the right to remove, reject or disqualify (along with the entrants who submitted them) any Entry and Photo which, in its opinion or the opinion of the Contest Administrator, contains obscene, offensive or inappropriate content, violates any of these Official Rules or acts in a manner that is otherwise inappropriate, or that is not consistent with the spirit or theme of the Contest, which shall be decided at the sole discretion of the Sponsor. All Entries become the property of Sponsor when submitted and will not be acknowledged or returned to the entrant.

JUDGING & PRIZE WINNER DETERMINATION: There will be two (2) phases of Judging: (A) Phase One: All eligible Entries received during the Contest Entry Period will be judged by a panel of judges appointed by the Sponsor. Phase One Judging will be completed on/around March 17, 2017. The panel of judges, in their sole discretion, will select the two (2) to ten (10) finalists (each a “Finalist”) they deem would benefit most from The Cultura New Year New You Makeover. (B) Phase Two: Each Finalist will be contacted by the Contest Administrator via email and/or phone and requested to provide, within three (3) days of notification, one (1) to three (3) additional Photos (the “Additional Photos”) depicting different angles of Finalist’s face. Noncompliance will result in disqualification of the Finalist. Each Phase Two Finalist’s Additional Photos will be judged by a panel of judges appointed by the Sponsor. Judging will be completed on/around March 24, 2017. The panel of judges, in their sole discretion will select the Finalist they deem would benefit most from the Cultura New Year New You Makeover. Judging results are the sole property of Sponsor and will not be disclosed. The potential winner remains subject to determination by the Treatment Provider (as defined below) in order to be eligible to receive the Prize (as defined below).
PRIZE/APPROXIMATE RETAIL VALUE (“ARV”): One (1) Prize winner will receive a face rejuvenation makeover with a combination of Botox® Cosmetic, Voluma, Juvederm, Kybella and Cultura Signature Laser Treatments (skin tightening or Complexion Blending) to be administered by a provider of Cultura, as chosen by the Sponsor, in its sole discretion. The potential Prize winner must consent to a consultation (the “Consultation”) with a Treatment Provider, to be appointed by the Sponsor in its sole discretion, prior to receiving the Prize to verify eligibility of the potential Prize winner to receive the Prize. If the appointed Treatment Provider determines that the potential Prize winner is not eligible for or does not qualify for the Treatment at the Treatment Provider’s sole discretion, the Prize will be forfeited in its entirety. The potential Prize winner’s consultation must be booked and take place with the Sponsor by March 31, 2017.

The potential Prize winner must also consent to be photographed by a photographer and videotaped by a videographer appointed by the Sponsor before (the “Before Photo Shoot”), during and after (the “After Photo Shoot”) the Treatment. Prize winner will be required to photograph himself/herself (“Selfies”) and provide Selfies to the Treatment Provider periodically after Treatment for continued assessment. Selfies may be shared with Sponsor. Prize winner may be required to have a second Consultation and Treatment to be administered by the Treatment Provider, if deemed necessary by the Treatment Provider. Except where prohibited by law, non-compliance to participate in the Before Photo Shoot will result in disqualification and the Prize will be forfeited in its entirety.
Total maximum Prize Value is $6,000. 

PRIZE NOTIFICATION & ACCEPTANCE: The potential Prize winner will be notified by email and phone and will be required to sign and return, within five (5) days of notification, an Affidavit of Eligibility & Liability Waiver, a W-9 Form, and where allowable, a Publicity Release (collectively, “the Releases”) in order to claim the Prize. If a potential Prize winner cannot be contacted in person via email and/or telephone after the first attempt to contact him/her, or if he/she fails to sign and return the Releases or other required documentation within the required time period (as applicable), or if potential Prize winner is unable to schedule the Treatment within the time period specified by Sponsor, or in the event that a potential Prize winner is disqualified for any reason, an alternate potential winner with the next highest judging score may be notified. Noncompliance with the foregoing, failure to abide by these Official Rules, or return of the Prize notification as non-deliverable may result in disqualification and naming of an alternate potential winner.

POTENTIAL PRIZE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR AND/OR CONTEST ADMINISTRATOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.

PRIZE CONDITIONS: SPONSOR SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY ASPECT OF PRIZE WINNER’S ACCEPTANCE OR USE OF THE PRIZE. Prize is not redeemable for cash. Prize is non-assignable and not transferable. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor and Contest Administrator reserve the right to make equivalent prize substitutions if Prize is unavailable, at their sole discretion, in which case a prize of equal or greater value will be awarded. Any other incidental expenses on prize not specified herein, including but not limited to, travel to and from the Treatment center, are the winner’s sole responsibility. If, by reason of a print or other error, more prizes are claimed than the number set forth in these Official Rules, an alternate potential winner will be selected in accordance with the winner selection method described above from among all eligible claimants making purportedly valid claims to award the advertised number of prizes available.

Prize winner is responsible for all federal, state, local and income taxes associated with winning prize. Prize winner will be required to furnish his/her social security number for the sole purpose of preparation of any tax forms as required by law.

GENERAL: This Contest is governed by the laws of the United States and is void where prohibited by law and outside of the United States. Participants agree to these Official Rules and the decisions of the Contest Administrator and the Sponsor, 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 is not responsible for any typographical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. Entries, Photos, materials, and data relating to this Contest 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 Contest Entities 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 materials in connection with an Entry or Photo, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive registration information by Sponsor and/or Contest Administrator on account of technical problems or traffic congestion on the Internet or at any website, including without limitation, the Contest Website, or any combination thereof; or (iii) any injury or damage to participant’s or any other person’s computer related to or resulting from participating in the Contest. Proof of sending or submission of Entry will not be deemed proof of receipt by Sponsor and/or Contest Administrator. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules, attempted to tamper with or undermine the entry process, Contest Website or any other site associated with this Contest, and/or the legitimate operation of this Contest, or has acted in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Contest is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) cancel or terminate the Contest (or any portion thereof); (b) modify the Contest or 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; and/or (c) determine a winner from among the eligible, non-suspect Entries received up to the time of the impairment, according to the winner selection criteria set forth herein. Sponsor is not responsible for the incompatibility of participant’s hardware, software or browser technology with Sponsor’s hardware, software or browser technology.

LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT A PARTICIPANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE ANY WEBSITE ASSOCIATED WITH THIS CONTEST, INCLUDING, WITHOUT LIMITATION, THE CONTEST WEBSITE, OR TO INTERFERE WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

DISPUTES: Except where prohibited, participant 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 court located in the state of North Carolina. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the state of North Carolina without giving effect to any choice of law or conflict of law rules (whether of the State of North Carolina or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of North Carolina. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney’s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.

PUBLICITY; LIMITATIONS OF LIABILITY AND RELEASES: BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT SPONSOR, CONTEST ADMINISTRATOR, AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS CONTEST OR IN ANY CONTEST-RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF THE PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS CONTEST, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS CONTEST OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.

EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE CONTEST CONSTITUTES WINNER’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING, BUT NOT LIMITED TO, THE WORLDWIDE WEB, AT ANY TIME OR TIMES, THE WINNER’S NAME, PORTRAIT, PICTURE AND VIDEO (INCLUDING, BUT NOT LIMITED TO, ALL PHOTOGRAPHS AND VIDEOS TAKEN IN CONNECTION WITH THE PRIZE AND AS STATED HEREIN), VOICE, LIKENESS, OPINIONS AND BIOGRAPHICAL INFORMATION (INCLUDING, BUT NOT LIMITED TO, HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.

BY SUBMITTING AN ENTRY AND PHOTO, ENTRANT AGREES THAT SUCH ENTRY AND PHOTO, COMMUNICATIONS OR SUBMISSIONS, CREATIVE SUGGESTIONS, IDEAS, NOTES, CONCEPTS OR OTHER MATERIALS (“SUBMISSIONS”) THAT ENTRANT MAY SUBMIT TO SPONSOR OR POST TO THE CONTEST WEBSITE IN CONNECTION WITH THIS CONTEST, INCLUDING ALL RIGHTS EMBODIED THEREIN, WHETHER SENT VIA THE CONTEST WEBSITE, BY ELECTRONIC MAIL OR BY SOME OTHER MEANS, WITH THE EXCEPTION OF PERSONALLY IDENTIFIABLE INFORMATION AS DEFINED IN SPONSOR’S PRIVACY POLICY, AVAILABLE AT http://www.merzusa.com/privacy-policy/, SHALL BE DEEMED TO BE NON-CONFIDENTIAL, NON-PROPRIETARY AND SPONSOR SHALL HAVE NO OBLIGATION OF ANY KIND WITH RESPECT TO SUCH SUBMISSIONS AND SHALL BE FREE TO EDIT, EXPLOIT, MODIFY, PUBLISH, REPRODUCE, USE, DISCLOSE, DISSEMINATE AND DISTRIBUTE THE SUBMISSIONS TO OTHERS WITHOUT LIMITATION IN ANY AND ALL MEDIA NOW KNOWN OR NOT CURRENTLY KNOWN, THROUGHOUT THE WORLD IN PERPETUITY FOR ANY PURPOSE WITHOUT COMPENSATION, PERMISSION OR NOTIFICATION TO ENTRANT OR ANY THIRD-PARTY. ENTRANT HEREBY GRANTS SPONSOR A ROYALTY FREE, IRREVOCABLE, AND WORLD WIDE, IN PERPETUITY LICENSE TO USE THE SUBMISSIONS IN ANY FORM OR FORMAT, INCLUDING USE ON SPONSOR’S WEBSITES AND SOCIAL MEDIA ACCOUNTS, AND TO MODIFY THE SAME, AND ACKNOWLEDGES AND AGREES THAT IF SPONSOR DOES USE THE SUBMISSIONS ENTRANT SHALL NOT BE ENTITLED TO ANY CREDIT, CONSIDERATION, NOTICE OR PAYMENTS OF ANY KIND. ENTRANT WAIVES ANY MORAL RIGHTS HE OR SHE MAY HAVE TO THE SUBMISSIONS, AND AGREES THAT IF SPONSOR ELECTS TO USE SUBMISSIONS FOR ANY PURPOSE, ALL RIGHTS UNDER COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS WHICH MAY RESULT FROM THAT RELATING TO ENTRANT’S SUBMISSIONS OR FROM USE OF THE SAME BY SPONSOR SHALL BE THE SOLE PROPERTY OF SPONSOR. ENTRANT FURTHER AGREES THAT IF SPONSOR ELECTS TO USE ENTRANT’S SUBMISSIONS, ENTRANT WILL EXECUTE ANY DOCUMENTS REQUESTED BY SPONSOR REGARDING THIS ASSIGNMENT. IF ANY USE BY SPONSOR OF THE SUBMISSIONS CAUSES IT TO BE LIABLE TO ANY THIRD-PARTY, ENTRANT AGREES TO INDEMNIFY SPONSOR THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL DAMAGES, COSTS, JUDGMENTS AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) WHICH IT INCURS AS A RESULT OF ITS USE OF THE SUBMISSIONS. SUBMISSIONS WILL NOT BE RETURNED TO ENTRANTS.

WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS CONTEST, INCLUDING THE CONTEST WEBSITE, ANY OTHER WEBSITE ASSOCIATED WITH THE CONTEST, AND ALL PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.

PRIVACY: By participating in the Contest and providing the required information, participants acknowledge that the Sponsor may also send information, samples or special offers it believes may be of interest to Entrant, or other information or goods offered by its marketing partners.