1. OFFICIAL RULES. The following are the official rules (“Rules”) for the JustFab MOMent Photo Sweepstakes (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Sweepstakes constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSOR. The Sweepstakes is sponsored by Just Fabulous, Inc. (“Sponsor”), a Delaware corporation with its principal place of business at 2301 Rosecrans Ave., 5th Floor, El Segundo, CA 90245.
3. ENTRY & ELIGIBILITY. To enter the Sweepstakes, follow the directions on Sponsor’s Facebook application located at facebook.com/justfab (“Entry”). Three entries per person. Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. Only legal residents of the fifty (50) United States (excluding APO residents), the District of Columbia, and Canada (excluding Quebec) who are 18 years of age or older may enter and participate in the Sweepstakes, except employees, agents, or representatives of Sponsor or any of its subsidiaries, affiliates, or members of their immediate family. Must use #JustFabMoment and #Sweeps in your entry in order to properly disclose the material connection between your post and this sweepstakes.
4. SWEEPSTAKES. The Entry submission period to the Sweepstakes begins at 3:00 PM Pacific Time (“PT”) on May 8, 2014 and ends at 11:59 P.M. PT on May 13, 2014. The winners will be notified by email. If the winning Entry is discovered to be invalid for any reason prior to delivery of the Prize, or if the winner cannot be contacted or does not respond within forty-eight (48) hours from 11:59 P.M. PT on May 13, 2014, an alternate winner may be selected, at the sole discretion of Sponsor. If there is no winner by the 8th day after the Sweepstakes end, no further winners will be chosen. he names of the Winners will be posted on the JustFab blog located at blog.justfab.com on or around May 15, 2014.
If the potential prize winner is a resident of Canada, he or she will be required to correctly answer a skill-based test question within a limited time-period, to be administered via email, in order to be eligible to receive his or her prize. Not providing the answer within the required time period, providing an incorrect or incomplete answer or noncompliance with the terms of administration of the test question will result in disqualification of the potential winner and an alternate winner being selected.
6. PRIZES. One (1) winner (“Grand Prize”) will win 3 JustFab credits or 4 FabKids credits. The approximate retail value of the Grand Prize is one hundred and twenty dollars ($120). Limit one (1) prize per winner. All results and decisions of Sponsor are final and binding in all respects. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate retail value and the actual value of the Prize will not be awarded and any difference will not be refunded.
7. GENERAL. This Sweepstakes is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by the Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes. Entrants are required to provide accurate, valid and truthful information at all times. The Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the Sweepstakes, or is otherwise in violation of the Rules. The Sponsor reserves the right to verify the accuracy of any and all information provided in connection with this Sweepstakes, and to otherwise investigate the eligibility of any entrant. A potential winner’s right to receive the Grand Prize shall be subject to such investigation and verification by Sponsor. The Sponsor is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. The Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. The Sponsor reserves the right to cancel, terminate or modify the Sweepstakes if it is not capable of completion as planned, including without limitation, by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.
By submitting an entry form and/or participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry is an accurate and truthful depiction/portrayal of yourself; (iii) any photos submitted with your Entry has not been retouched, altered, and/or distorted in any way whatsoever; (iv) no mock-up or other device, special camera, or other techniques or systems were used to distort or otherwise misrepresent your appearance in the photos submitted as part of your Entry; (v) photos submitted as part of your Entry are genuine and original, and have not been copied from others; (vi) photos submitted as part of your Entry do not violate any third party intellectual property or proprietary rights; and (vii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
By submitting an Entry and participating in the Sweepstakes, you agree and hereby grant the Sponsor and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, photos and image, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without further compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes. You agree to provide affidavits to Sponsor upon request for the purpose of complying with legal and/or broadcaster requirements concerning the use of photos and/or testimonials in advertising.
To the maximum extent permitted by law, you hereby agree to indemnify, release and hold harmless Sponsor and its affiliates, and each of their respective shareholders, directors, officers, employees, licensees, successors, representatives and agents at all times from and against any and all claims, actions, losses, liabilities, damages, proceedings, costs (including attorneys’ fees) and expenses for any injury, damage or loss caused or claimed to be caused, based upon, or arising from the acceptance, possession, use or misuse of a prize or any part of a prize, entering the Sweepstakes, participation in the Sweepstakes, or participation in any Prize related activity or event.
In no event shall Sponsor be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of winner’s or entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.