NewBeauty and HydraFacial TestTube Survey Promotion
NAME OF PROMOTION: NewBeauty and HydraFacial TestTube Survey Promotion (“Promotion”)
SPONSOR: This Promotion is sponsored and administered by NewBeauty Media Group (the “Sponsor”). This Promotion is held in conjunction with Sponsor’s “TestTube” subscription program. Sponsor will administer the survey, and HydraFacial has no interest in, or control over, the administration of the survey. HydraFacial will provide the Reward, and Sponsor has no interest in, or control over, the provision of the Reward.
ELIGIBILITY: To be eligible, an entrant must be: (a) an active TestTube subscriber; (b) at least 18 years of age; and (c) a resident of the State of California (an “Eligible Entrant”). Employees of the Sponsor and HydraFacial and such employees’ immediate family members and/or those living in the same household are not eligible. By participating in this Promotion, all entrants agree to be bound by these Official Rules and agree that decisions of the Sponsor will be final and binding in all respects.
SUBMISSIONS; ENTRANT’S REPRESENTATIONS AND WARRANTIES AND COVENANTS: All Promotion Registration (as herein defined) materials (including the Survey, as herein defined) become the property of the Sponsor upon submission and will not be returned.
HOW TO ENTER: NO PURCHASE NECESSARY TO PARTICIPATE OR TO OBTAIN A REWARD. Registration begins June 21, 2019 at 10:00:01 AM ET and ends June 30, 2019 at 9:59:59 AM ET (the “Promotion Period”). During the Promotion Period, all current TestTube subscribers are invited to participate in a survey associated with this Promotion (the “Survey”). The Survey is only available online, and must be completed online for an Eligible Entrant to be included in this Promotion. Once at the Survey website, the TestTube subscriber must complete all the questions presented and provide all required information to participate in this Promotion (“Promotion Registration”). Failure to follow the on-screen instructions and provide all required information will result in an Eligible Entrant’s disqualification from this Promotion. The length of time required to complete the Survey will vary from approximately one (1) minute to five (5) minutes. Only one (1) Promotion Registration per person will be accepted in this Promotion. Any effort by an Eligible Entrant to misrepresent himself or herself through the use of aliases or multiple e-mail addresses or telephone numbers will disqualify that entrant entirely from receiving a Reward. All Promotion Registrations must be received electronically as set forth on the Survey website; no physical submissions will be accepted.
Defective Submissions: Incomplete, or other technically deficient, Promotion Registrations (including a failure to fully the complete Survey) will be void. The Sponsor is not responsible for incorrect or inaccurate entry of information by entrants; lost Promotion Registrations; interrupted or unavailable network, server, or other connections; scrambled transmissions or other errors or problems of any kind whether mechanical, human, or electronic, technical malfunctions of the computer hardware, software, or any combination thereof; or problems associated with any virus or any other damage caused to entrants’ systems.
Rewards: Each Eligible Entrant who completes the Survey and the Promotion Registration, and who is not otherwise disqualified under these Official Rules (each, an “Reward Recipient”), shall receive the following Reward: HydraFacial will upgrade the entrant’s next paid facial treatment with a $50 off Dermabuilder Booster (“Reward”). Each Reward Recipient may receive a maximum of one (1) Reward under this Promotion.
Prize Warranties: Each Reward Recipient acknowledges that the Sponsor, HydraFacial, their affiliates, and their respective agents do not make, nor are in any manner are responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of a Reward.
REWARD RESTRICTIONS; TAXES: Any and all applicable federal, state, and local taxes are the sole responsibility of a Reward Recipient. Rewards cannot be substituted, assigned or transferred.
GENERAL CONDITIONS: THIS PROMOTION IS VOID WHERE PROHIBITED. This Promotion is void where prohibited by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be: attempting to tamper with or undermine the submission process, and/or the legitimate operation of this Promotion; violating these Official Rules; or acting in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person with respect to this Promotion. The determinations of the Sponsor in this regard are final and binding.
RELEASE; LIMITATIONS OF LIABILITY; AND INDEMNIFICATION: BY PARTICIPATING IN THIS PROMOTION EACH ENTRANT AGREES THAT THE SPONSOR, HYRDRAFACIAL, AND ThEIR PARENTS, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS AND LEGAL COUNSEL, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED ENTITIES”), WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR ANY INJURIES, DAMAGES, OR LOSSES (DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE), AND SHALL BE HELD HARMLESS AND INDEMNIFIED BY ANY ENTRANT AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING REASONABLE ATTORNEYS’ FEES AND EXPENSES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR DAMAGE OR LOSS TO PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM SUBMISSION OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION-RELATED ACTIVITY, OR ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE REWARD, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY OR INFRINGEMENT OF COPYRIGHTS RELATING TO THIS PROMOTION OR ANY BREACH OF ENTRANT’S REPRESENTATIONS OR WARRANTIES MADE HEREIN. IN ADDITION, THE RELEASED ENTITIES ARE NOT RESPONSIBLE IF THIS PROMOTION CANNOT BE COMPLETED DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, BANKRUPTCY OR TERRORISM.
DURATION OF PROMOTION: This Promotion will end at the conclusion of the Promotion Period. The Sponsor may, at any time and in its sole discretion, delay the commencement date, extend the termination date, or terminate this Promotion in its entirety without notice or obligation of any kind.
DISPUTES: Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the state courts or federal courts sitting in New York, New York; (b) any and all claims, judgments, expenses and fees shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event shall attorneys’ fees be recouped; (c) under no circumstances will entrant be permitted to obtain damages for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages 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, or the rights and obligations of the entrant and the Sponsor in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of laws rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
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