Re: Pending ++
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[LIST=1|INDENT=1][B]GENERAL PRIZE RESTRICTIONS: [/B]Acceptance of prize constitutes permission to use winner's name, photograph and likeness for publicity purposes without further compensation in any and all media now known or hereinafter without territorial restriction (except where prohibited by law). By entering, you agree that Promotion Parties and their respective subsidiaries, affiliates, directors, employees, agents, successors and/or assigns and their advertising and promotional agencies shall have no liability for, and to release and hold all such parties harmless from, any damage, loss or liability to person or property, due in whole or part, directly or indirectly, by reason of the acceptance, possession, use or misuse of prize or participation in this Promotion. Any and all disputes, claims and causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorney's fees. Sponsor reserves the right, in its sole discretion to terminate, modify, cancel or suspend this Promotion and award the prize from among all eligible Entries received prior to action taken by Sponsor, should fraud, virus, bugs or other causes beyond the control of Sponsor corrupt the administration, security or proper play of the game. Promotion Parties are not responsible for computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right at its sole discretion, to disqualify any individual, and all of his/her Entries, who tampers with the entry process. By entering, you agree that 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 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 law rules, and you consent to the jurisdiction and venue of the federal, state and local courts located in. Please see the Sponsor’s Privacy Policy at [URL]https://www.garnierusa.com/privacy-policy[/URL] policy for details regarding the use of personal information collected in connection with this Promotion.
[*][B]PRIZE LIMITATIONS: Limit of one (1) Instant Win Prize per person/per household. [/B]If it is discovered, during prize verification, that you have entered, attempted to enter, or used multiple accounts to enter more than the stated limit, you will be disqualified at the discretion of the administrator, or will be void. Entries generated by script, macro or other automated means and Entries made by any means, which subvert the entry process, are void. All Entries become the property of Sponsor and will not be acknowledged or returned. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
[*][B]RELEASE OF LIABILITY: [/B]Promotion Parties shall not be responsible or liable for Entries that are entered by other than human means (such as by an automated computer program or any non-human mechanism, entity, or device), in excess of the stated limit, or for Entries that are late, forged, destroyed, lost, misplaced, stolen, misdirected, tampered with, incomplete, deleted, damaged, garbled, or otherwise not in compliance with these official rules, and all such Entries will be disqualified. By entering the Promotion, you agree: (i) to be bound by these official rules and by all applicable laws and all decisions of the judges which shall be binding and final; (ii) to waive any rights to claim ambiguity with respect to the official rules; (iii) to waive all of his/her rights to bring any claim, action, or proceeding against any of the Promotion Parties; and (iv) to release, indemnify, and hold harmless each of the Promotion Parties and each of their respective officers, directors, employees, agents and representatives, from any liability (including, but not limited to, liability for any property loss, damage, personal injury, bodily injury, death, loss, expense, accident, delay, inconvenience or irregularity), costs and expenses (including without limitation, reasonable outside attorney’s fees) that may arise in connection with: (a) your participation or inability to participate in the Promotion, (b) typographical errors in the official rules or any Promotion promotional materials, (c) acceptance or possession, defects in, use, misuse or inability to use an prize (or any component thereof), (d) any change by any company or any other person providing any of the components of a prize due to reasons beyond any of the Promotion Parties’ control or as otherwise permitted hereunder, (e) any interruptions in or postponement, cancellation, or modification of the Promotion, (f) human error, (g) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the entry information or any parts thereof), (h) any technical malfunctions or unavailability of the Promotion site or any telephone network, computer online system, computer dating mechanism, computer equipment, software, or internet service provider utilized by any of the Promotion Parties or by you, (i) interruption or inability to access the Promotion, any Promotion-related web pages, or any online service via the internet due to hardware or software compatibility problems, (j) any damage to your (or any third person’s) computer and/or its contents related to or resulting from any part of the Promotion, (k) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (l) any wrongful, negligent, or unauthorized act or omissions on the part of any of the Promotion Parties, or any of their agents or employees, or (m) any other cause, condition or event whatsoever beyond the control of any one or more of the Promotion Parties. Each winner hereby acknowledges that the Promotion Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize or component thereof, including any express or implied warranties provided by any of the prize suppliers associated with this Promotion.
[*][B]CHOICE OF LAW AND JURISDICTION: [/B]Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator 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 law rules or provisions (whether of the state of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the state of New York. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the state of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
[*][B]PRIVACY: [/B]Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at [URL]https://www.garnierusa.com/privacy-policy[/URL]. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
[*][B]TAX INFORMATION: .[/B]All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner.
[*][B]WINNER LIST: [/B]For the name of the winner(s) send a #10 self-addressed stamped envelope for receipt by November 15, 2019 to: No Tricks, Just Treats Instant Win Game Winners List Request, C/O Realtime Media, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428.[B]SPONSOR: [/B]Garnier, 10 Hudson Yards, Attn: ICC Department, 32nd Floor, New York, NY 10001
[B]ADMINISTRATOR: [/B]Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428
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