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Contest Entry Period/Sponsor: HAPARI Mommy Makeover Contest (“Contest”) begins at 12:01 AM, Eastern Time (“ET”) on September 4, 2012 and 11:59 PM EST on September 18, 2012 (the “Contest Entry Period”). Sponsor: Hapari Swimwear, 7373 E. Doubletree Ranch Road Ste. 105, Scottsdale, AZ 85258.
Eligibility: The Contest is open to individuals who are: legal residents of the 48 contiguous United States or District of Columbia, age 18 or older. Employees of Sponsor, its advertising and promotion agencies and anyone involved with the Contest (collectively, “Contest Entities”), and their immediate family members and/or those living in the same household of each (whether related or not) are not eligible to enter or win. For the purpose of this Contest, an immediate family member is defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Contest is governed by U.S law. Contest is void: where prohibited.
How to enter: Sponsor is looking for individuals who can most benefit from a Hapari Mommy Makeover Makeover. Sent a photo of yourself (“Photo) and an essay (“Essay”) explaining why you are most deserving of a makeover (“theme”) through the Hapari facebook contest page. To enter the Contest, go to the Hapari brand page on Facebook at http://www.facebook.com/hapariswimwear. You must “Like” the Hapari Swimwear Facebook brand page in order to view the Contest Website. Then follow all onscreen entry instructions to complete the entry form and upload your Photo as instructed providing your name, address, email address, and then submit during the Contest Entry Period. The Photo, Essay and entry form are collectively, an ‘Entry(ies”). Proof of submission of an Entry does not constitute proof of receipt by Sponsor. Only one (1) Entry per person/email address permitted. In the event of a dispute over the identity of an online entrant or the rights to an Photo or Essay, the Entry will be disqualified.
Requirements for Entry: Your Entry must comply with the following:
The Photo and Essay are original with you, are not copied from any other work, and do not infringe upon the rights of any third party;
• the Photo and Essay do not depict or describe any third party copyrighted material, products, trademarks or logos (with the exception of Hapari Swimwear);
• the Photo and Essay do not defame or otherwise violate the rights of any third party;
• the Photo and Essay are not offensive, sexually suggestive, violent, racially offensive, profane, slanderous or contrary to the interests of the Contest or Sponsor, as determined in the sole discretion of the Sponsor;
• once a Photo or Essay is received it cannot be modified or edited;
• The Photo can only depict the entrant and no entries may be submitted on behalf of someone else;
• You have received permission from anyone involved in the creation of the Photo (“Third Party Participants”) to submit the Photo in this Contest and to grant the rights granted to the Sponsor herein (and if requested from the Sponsor, you will provide evidence of this permission);
Essays must, to the extent text is used or requested, be in the English language (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Sponsor).
Entrants License to Use Entries: By participating in the Contest, each entrant warrants and represents (i) that his/her Entry complies with the requirements in these official rules (ii) that use by Sponsor of the Entry as licensed by entrant or assigned by the winners herein will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever. By entering the Contest and submitting a Entry, each entrant (a) retains ownership of the Entry she submits subject to rules below; (b) grants to the Sponsor, and any organizations affiliated with the sponsorship, fulfillment, administration, advertisement or promotion of the Contest the perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, modify, edit, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or in part, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose, including, but not limited to, advertising or promotion of Sponsor and Contest, or any other reason, all without further consent from or payment to entrant or any other person or entity; (c) waives all moral rights in and to his/her Entry in favor of the Sponsor; and (d) agrees to indemnify, release and hold harmless the Released Parties (defined below) from and against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or disqualify any Entry for any reason. Entries may be published and posted online but entrants agree that Sponsor has no obligation to post or publish Entries and that all such postings or publication, if any, will be in the Sponsor’s sole discretion and that the posting or publication of an Entry has no bearing on whether the Entry is a potential winner. In the event of any dispute or potential dispute regarding the Entry or entrant, Identifiable Person or any third party or if Sponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules by any person involved in an Entry, the Entry may be disqualified in Sponsor’s sole discretion. Sponsor may ask for evidence of written permissions required by these Official Rules.
Selection of Winner(s):
Round One: The entrant with the most votes by the end of the regular contest entry period on September 18, 2014 will be guaranteed a spot in the selected five (5) finalists. The four (4) additional entrants will be selected by the Hapari panel of judges. The final round of five (5) contestants will not be eligible for public vote, but will be reviewed by the Hapari panel of judges. The panel of judges will contact the five finalists for further details including additional images, quotes, essays and more at the discretion of Hapari swimwear. The final five (5) contestants will remain visible in the gallery page of the contest and be featured on Hapari social media outlets.
Round Two: A selected panel of Hapari judges will then assess the five (5) finalists. The final Grand Prize Winner will be selected on September 26, 2014 and contacted via email and telephone.
Notification of Winner: The potential winner will be notified by email or phone on or about 09/26/14 (‘notice”) and will be required to execute an affidavit of eligibility, liability release, publicity release and assignment of his/her Photo and Essay (collectively, “Assignment”) as a condition to being declared a winner. Winner must also agree to having her makeover recorded for use by Sponsor. By accepting a prize the winner gives permission (except where prohibited by law) to Sponsor and its licensees to use the winner’s names, Videos, hometown and likeness for promotional purposes without further compensation. The Sponsor’s decisions will be solely determinative and final in all matters regarding this Contest. Winner’s travel companion will also be required to sign a Release prior to travel. If the potential travel companion is a minor, the Release must be signed by that minor’s parent or legal guardian on the minor’s behalf. Travel companion must be over 18 or the winner must be his/her parent or legal guardian.
Prize: One (1) grand prize winner will receive a hair and makeup styling as well as manicure and pedicure at a designated salon by Hapari. The winner will also receive a gift card to a designated retailer of Hapari’s choice. Approximate Retail Value (“ARV”) of prize is $1,000. Sponsor reserves the right to substitute a prize of equal or greater value at its sole discretion. All fees, federal, state, local or other expenses relating to the use, acceptance and possession of prize are the sole responsibility of the winner.
General Conditions: Entrants agree to these Official Rules and the decisions of the Sponsor, and on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities, Facebook, YouTube, as well as the employees, officers, directors and agents of each (“Released Parties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances, trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive or exemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty or equity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one or more of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way arise out of or result from entrant’s participation, acceptance and use or misuse of any prize. If the Sponsor decides that there are an insufficient number of qualified Entries suitable for entry into the Contest Sponsor may select less winners or cancel the Contest entirely. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement of the Photo or violation of the rights of any Identifiable Person or Third Party Participant, Sponsor reserves the right to disqualify the Entry. 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 any prize or in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal, state, territorial/provincial or local government law, order, or regulation, or order of any court or other cause not within Sponsor’s control. Entrants assume all liability for any injury, including death or damage caused or claimed to be caused, by participation in this Contest or use/misuse or redemption of any prize. This Contest shall be governed by and interpreted under the laws of the State of Arizona, U.S.A. for any disputes involving residents of the United States without regard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or in connection with this Contest, shall be resolved individually, without resort to any form of class action. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE. Entry materials/data 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 Sponsor is not responsible for: (i) lost, late, misdirected, illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage to entrant’s or any other person’s computer or other device related to or resulting from participating in the Contest, or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest. Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has intentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to select winners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THE OPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Winner’s Name: For the name of the winner (available after September, 26, 2014), send a self-addressed envelope by September 30, 2014 to: Hapari Swimwear [7373 E. Doubletree Ranch Road Ste. 105, Scottsdale, AZ 85258]
This Contest is not sponsored, endorsed or administered by Facebook, nor is Facebook associated with the Contest in any way. You understand that you are providing information to Sponsor and not to Facebook. Any questions, comments or complaints regarding the Contest must be directed to Sponsor and not to Facebook. Facebook is a registered trademark of Facebook, Inc.