1. USERS. You may simply browse our Sites or Services (a “Visitor“), or you may become a member of the StyleCaster network (“Member“). Certain areas of the Site or Services are restricted for Members only. In the event you provide us with information about yourself on the Sites or Services, you agree to only provide us with true, accurate, current and complete information. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Sites or Services (or any portion thereof). Visitors agree not to attempt to access Member areas of the Sites.
4. RULES REGARDING CONTENT. When you access a Site and/or the Services, you obtain access to various kinds of text, photos, information and materials, all of which we call “Content.” You will be entirely responsible for each individual item of Content that you post, publish, submit or make available on a Site or through the Services. As between you and us, you retain ownership and any intellectual property rights in the Content you post or otherwise make available through the Site or Services. For us to do what we do, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, fully paid, fully sublicenseable, worldwide license, under any and all of your copyright and other intellectual property rights related to that Content, to use, reproduce, publicly display, perform, create derivative works of, transmit, stream, broadcast, access, view, and otherwise exploit any Content you make available through the Site or Services. You agree that any such Content or any derivative works may be disseminated, distributed, publicly displayed, reproduced, used, sublicensed, posted, or published by us (with or without attribution to you), and searched, displayed, printed or otherwise used or exploited by our customers. To the extent you include personally identifiable information in your Content, we will not be liable for such disclosure. Without limiting the foregoing, you authorize us to (i) combine any Content you submit with other Content, including Content associated with the Site and/or owned and licensed by us and (ii) to allow others to do the same. For the sake of clarity, we state that we do not claim any ownership rights in Content submitted or posted by any Member. We do not grant you any rights in any Content available on the Site or the Services (other than your own submitted Content), except to use any such Content for your personal and non-commercial use.
You represent and warrant that you will not post or make available any Content, or use any Content that you do not submit, in any manner that:
- Infringes the copyright, trademark, trade secret, or other intellectual property or proprietary right of others;
- Violates the privacy, publicity, or other rights of third parties or any other law, statute, ordinance or regulation;
- Is false or inaccurate or becomes false or inaccurate at any time;
- Is discriminatory, unlawful, tortious, obscene, fraudulent, defamatory, harmful, threatening, pornographic, indecent, vulgar, harassing, discourteous, hateful, abusive or racially, ethnically, religiously, sexually or otherwise offensive, as determined by us in our sole discretion;
- Discloses or provides information protected under any law, agreement or fiduciary relationship, including but not limited to proprietary or confidential information of others;
- Misrepresents your identity in any way;
- Contains any viruses, Trojan horses, spyware. malware, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Advocates or encourages any illegal activity; or
- Has the potential to create liability for us or cause us to violate the requirements of or to lose the services, in whole or in part, of our Internet service providers or other suppliers.
Content posted by Members or us in response to health or medical questions is not intended to be medical advice or instructions for medical diagnosis or treatment, and no physician-patient relationship is, or is intended to be, created by Content provided by Members or us. If you think you may have a medical emergency, call your doctor or your emergency number, (911 in the United States) immediately. Content is not a substitute for professional medical advice, examination, diagnosis or treatment. Content should not be used to diagnose, treat, cure, or prevent disease without supervision of a doctor or qualified healthcare provider. You should not delay or forego seeking treatment for a medical condition or disregard professional medical advice based on Content.
5. GENERAL RULES OF USER CONDUCT. It is our goal to make access to our Site and Services a good experience for all of our users. With that in mind we provide you our opinion of rules to follow when using the Site and Services: please remember that the public areas of the Site and Services are viewable by friends and strangers alike. Don’t share phone numbers, home addresses, e-mail addresses or any of your personal information or that of others. Do not bully, threaten or harass users. Don’t be a mean girl. If you are harassed in any way, please report it to the authorities immediately. StyleCaster is not responsible for user actions or policing user activity. Do not engage in conversations with people that make you feel uncomfortable in any way. The following activities are prohibited on the Site and Services. Accordingly you agree that you will not:
- Use the service for any commercial purposes (e.g., market research, advertising) unless approved in advance.
- Use, reproduce, duplicate, copy, sell, resell or exploit: (a) any portion of the Site or Services; (b) your use of the Site or Services, or (c) your access to the Site or Services, in each case for any purpose other than for which the Site or Services are being provided to you;
- Conduct or promote any illegal activities while using the Site or Services;
- Upload, distribute or print anything that may be harmful to minors;
- Attempt to reverse engineer or jeopardize the correct functioning of the Site, or otherwise attempt to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Site;
- Attempt to gain access to secured portions of the Site or Services to which you do not possess access rights;
- Upload or transmit any form of virus, worm, Trojan horse, or other malicious code;
- Use the Site or Services to generate unsolicited email advertisements or spam;
- Use the Site or Services to stalk, harass or harm another individual;
- Take any action that may undermine the feedback or ratings systems;
- Use any high volume automatic, electronic or manual process to access, search or harvest information from the Site or Services (including without limitation robots, spiders or scripts);
- Interfere in any way with the proper functioning of the Site and Services or interfere with or disrupt any servers or networks connected to the Site or Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Site or Services;
- Use any robot, spider, other automatic device, or manual process to extract, “screen scrape,” monitor, “mine,” or copy any static or dynamic web page on the Site or the Content contained on any such web page for without our prior express written permission;
- Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; or
- Mirror or frame the Site or any Content, place pop-up windows over its pages, or otherwise affect the display of its pages.
6. FEEDBACK. In the event that you provide us any ideas, thoughts, criticisms, suggested improvements or other feedback related to the Site or the Services (collectively “Feedback“), you agree we may use the Feedback to modify our Services or create new Services and that you will not be due any compensation, including any royalty related to the product or service that incorporates your Feedback. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Site or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise.
8. DATA RIGHTS. We do not charge you a fee for using the Services. In consideration for the Services, You agree that we may collect data related to your use of the Services (collectively, the “Data“). Our data collection, use and disclosure practices are described more fully in our Privacy Statement. When you download a page on our Sites, we may deploy a cookie on our own behalf or on behalf of one of our data partners to record information about how you use the web, such as the web search that landed you on a particular page or categories of your interests. We may use the Data to target advertising toward you or authorize others to do the same. You can opt-out as provided in the Privacy Statement. If you do not cause us to discontinue the placement of our cookies, You grant us a non-exclusive, perpetual, worldwide and irrevocable right and license to collect, use and disclose the Data as provided in our Privacy Statement and to allow our third party data partners to do the same.
9. MODIFICATIONS TO THE SITE OR SERVICES. We reserve the right to modify or discontinue the Site or Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Site and/or Services. If you object to any such changes, your sole recourse will be to cease access to the Site or Services. Continued access to the Site or Services following notice of any such changes will indicate your acknowledgement of such changes and satisfaction with the Site or Services as so modified. You agree that we, in our sole discretion, may immediately terminate your access to the Site and Services at any time, for any reason, in our sole discretion. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE SITE OR SERVICES.
10. PRIVACY. We know that your privacy is important. For this reason, we have created a Privacy Statement that describes our collection, use and disclosure practices regarding any personal information that you provide to us. Though you may make a lot of information available on the Site, the security of your personal information remains important to us. While there is no such thing as “perfect security” on the Internet, we will take reasonable steps to help ensure the safety of your personal information. However, you understand and agree that such steps do not guarantee that the Site and the Services are invulnerable to all security breaches or immune from viruses, security threats or other vulnerabilities. StyleCaster reserves the right to cooperate with local, state, provincial and national authorities in investigations of improper or unlawful activities and this may require the disclosure of your personal information. We may also report to other organizations about improper or unlawful user activities and this reporting may include disclosure of personal information relating to those individuals conducting such improper or unlawful activities.
12. RELEASE. To the extent permitted under applicable laws, you hereby release StyleCaster from any liability related to: (a) any incorrect or inaccurate Content posted on the Services, whether caused by any user of the Services (including any Member) or by any of the equipment or programming associated with or utilized in the Services; (b) the conduct, whether online or offline, of any user of the Services (including any Member); (c) any loss or damage caused by Content posted on the Services or transmitted by and to Members, or any interactions between users of the Sites (including any Member), whether online or offline; and (d) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. If you are a California resident, you hereby waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
14. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT WE ARE ONLY WILLING TO PROVIDE ACCESS TO THE SITE AND SERVICES IF YOU AGREE TO CERTAIN LIMITATIONS OF OUR LIABILITY TO YOU AND TO THIRD PARTIES. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL WE OR OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, LOST OPPORTUNITIES, OR BUSINESS INTERRUPTIONS OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY), ARISING OUT OF OR RELATED TO YOUR USE OF OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SITE OR THE SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT, WARRANTY, STATUTE OR OTHERWISE. WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND THIRD PARTY MERCHANTS OR FOR ANY INFORMATION APPEARING ON THIRD PARTY MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND THE SERVICES. OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE OR THE SERVICES IS LIMITED, IN AGGREGATE, TO TEN DOLLARS (U.S. $10.00). WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND OTHER MEMBERS, NOR, IN ANY EVENT, WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY MEMBER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS AND DISCLAIMERS MAY NOT APPLY TO YOU. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR LIMIT LIABILITIES, THE SCOPE AND DURATION OF SUCH WARRANTY AND THE EXTENT OF OUR LIABILITY WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL WE OR OUR LICENSORS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. Some states do not allow exclusion of implied warranties, so these exclusions may not apply in individual cases. You may have additional rights that vary from state to state. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty, the scope and duration of such warranty will be the minimum permitted under such applicable law.
16. COPYRIGHT VIOLATIONS. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Site or Services;
- Your address, telephone number, and email address;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our copyright agent for notice of claims of copyright infringement on the Site or the Services can be reached by mail at: Copyright Agent, StyleCaster, Inc., 49 West 27th Street, Studio A, New York, NY 10001, or via email at copyright@StyleCaster.com.
- You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
- You and StyleCaster must abide by the following rules: (a) for any claim that could otherwise be brought in small claims court, the arbitration shall be conducted solely based on written submissions and, if the arbitrator deems it appropriate, a telephonic hearing; (b) if the claim exceeds what can be recovered in a small claims court, the arbitration shall be conducted solely based on written submissions or a telephonic hearing, unless the arbitrator deems a face-to-face hearing is appropriate, in which case one should be held at a location agreed to by you and StyleCaster, and if the parties cannot agree on a location for the hearing, the arbitrator will determine a location for the proceedings which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances; (c) the arbitrator’s ruling is binding and not merely advisory; (d) ANY CLAIMS BROUGHT BY YOU OR STYLECASTER MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (e) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, (f) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, StyleCaster will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation, (g) StyleCaster also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration; (h) the arbitrator shall honor claims of privilege and privacy recognized at law; (i) a decision by the arbitrator (including any finding of fact and/or conclusion of law) against either you or StyleCaster shall be confidential unless otherwise required to be disclosed by law or by any administrative body and may not be collaterally used against either of them in existing or subsequent litigation or arbitration involving any other person/StyleCaster customer; and (j) each side pays its own attorneys’ fees and expenses unless there is a statutory provision that requires the prevailing party to be paid its fees’ and litigation expenses.
- Notwithstanding the foregoing, either you or StyleCaster may bring an individual action in small claims court. In addition, if you are a user outside of the United States, the dispute resolution provision in our Privacy Statement (if any), and not this arbitration provision, shall apply to any disputes related to privacy. Further, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secret shall not be subject to this arbitration provision. Such claims shall be exclusively brought (unless such courts do not have personal jurisdiction in the dispute) in the courts located in New York, New York. Additionally, notwithstanding this arbitration provision, either party may seek emergency equitable relief before such courts in order to maintain the status quo pending the arbitrator’s ruling, and hereby agree to submit to the personal jurisdiction of such courts. A request for interim measures shall not be deemed a waiver of the right to arbitrate.
- With the exception of subparts (d) and (e) in the paragraph above (prohibiting arbitration on a class or collective basis), if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Rules and Procedures, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, either subpart (d) or (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor StyleCaster shall be entitled to arbitration. In the event this arbitration provision is held unenforceable by a court, or in the event AAA refuses to arbitrate the dispute, all controversies, disputes, demands, counts, claims, or causes of action between you and StyleCaster shall be exclusively brought in the state or federal courts specified in subsection “(d)” above.
- For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you may call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
LAST UPDATED. February 14, 2012.
StyleCaster Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. ODDS OF WINNING DEPEND UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO ALL LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. YOU MUST HAVE ACCESS TO THE INTERNET TO ENTER.
1. SPONSOR: StyleCaster Media Group LLC, 49 West 27TH Street New York, NY 10001 (“Sponsor”).
2. ELIGIBILITY: The Sweepstakes are offered only to legal United States residents in the 50 United States and the District of Columbia who are18 years of age or older at the time of entry (each an “Eligible Entrant”). Employees of Sponsor and any company or entity providing any Prize to be awarded in connection with the Sweepstakes (each a “Prize Provider”) and any of their owners, affiliates, directors, subsidiaries, and franchisees (collectively “Released Parties”) and their immediate family members are not eligible to participate in any Sweepstakes. All federal, state and local laws and regulations apply.
3. PROMOTION PERIODS: From time to time, Sponsor will offer the opportunity to enter certain sweepstakes promotions (“Sweepstakes”) at the website located at http://www.stylecaster.com, news.stylecaster.com or beautyhigh.com (a “Website”). Unless otherwise stated, each Sweepstakes shall commence at 12:00:01 A.M. Eastern Time (“ET”) and end at 11:59:59 P.M. ET on the day specified on the Website for such Sweepstakes (each a “Promotion Period”). In the event that Sponsor elects to offer a Sweepstakes with a different Promotion Period, the start and end date of such Sweepstakes shall be clearly posted on the Website. Sponsor’s clock is the official clock for each Sweepstakes.
4. HOW TO ENTER A SWEEPSTAKES: You can enter any Sweepstakes offered at the Website by registering for one (1) entry (“Entry”) into a Sweepstakes, at which point you will become an “Entrant” in that particular Sweepstakes. You must be registered at the Website to register for any Entry.
5. PRIZES, APPROXIMATE RETAIL VALUE (ARV), AND ODDS OF WINNING: Sponsor shall award one (1) prize (“Prize”) for each Sweepstakes and shall clearly describe and state the approximate retail value of each Prize at the page where you submit Entries into the Sweepstakes (“Prize Notification”). Each Sweepstakes shall be administered separately and the ARV for the Prize shall be calculated based only on that particular Sweepstakes. If you have questions regarding any Prize following expiration or removal of the applicable Prize Notification, please contact Sponsor at firstname.lastname@example.org. The odds of winning any Sweepstakes will depend on the number of Entries submitted for that Sweepstakes. Each Entry shall be equally weighted and have the same chance of winning.
6. RANDOM SWEEPSTAKES DRAWINGS: Within one (1) business day of the close of a Promotion Period, Sponsor shall randomly draw one (1) potential winner from all eligible Entries for that Sweepstakes. If your Entry is drawn, you will be deemed the potential winner of the Prize, pending confirmation and/or verification of your eligibility and compliance with these Official Rules.
7. AWARD OF PRIZE: If you are selected as a potential winner of a Sweepstakes, you will be notified via telephone and/or via e-mail within ten (10) business days of the applicable drawing. To claim your Prize, you must reply to Sponsor within the time period indicated in your notification or Sponsor may select an alternative potential winner. Before awarding a Prize, Sponsor may require you to furnish proof of identification and other proof of eligibility under these Official Rules and to execute and return an Affidavit of Eligibility, Publicity Release, and a tax acknowledgment form. You must execute and return all documents within ten (10) business days from the date it is sent to you or your Prize may (in Sponsor’s sole discretion) be forfeited. If you are found to be ineligible or not in compliance with these Official Rules, decline to accept the Prize, Sponsor is unable to contact you, or in the event that the Prize or Prize notification is returned undeliverable, you will forfeit the Prize, and Sponsor may, in its sole discretion, select an alternative potential winner at random from the pool of all eligible Entrants. Allow 8-12 weeks for delivery of your Prize, which will be mailed to the address you provided at registration. The right to receive a Prize is non-assignable, non-transferable and no prize substitution, exchange or cash equivalent will be allowed, except by Sponsor who reserves the right to substitute prize of equal or greater value in case of unavailability of prize or force majeure. Federal, state and local taxes, if any, are your sole responsibility.
8. LIMITATION OF LIABILITY: Sponsor and the Released Parties are not responsible for illegible, lost, late, incomplete, misdirected, or undeliverable e-mail; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability, or garbled, corrupt or jumbled transmissions, service provider/Internet/web site/use net accessibility, availability, or traffic congestion, or any technical, typographical, or other error, or unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. Sponsor and the Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, or technical error. If, for any reason, an Entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an Entry into a particular Sweepstakes, your sole remedy is to receive a replacement Entry that you can use to submit another Entry into a different Sweepstakes. If, for technical reasons, any particular Sweepstakes is not capable of running as planned, Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes and to credit participants of any cancelled Sweepstakes with one (1) Entry in that Sweepstakes. All Prizes are provided by the Prize Provider and not Sponsor. The applicable Prize Provider is solely responsible for any Prize provided by such Prize Provider and you acknowledge that except for delivering the Prize to the applicable Winner as required by these Official Rules, Sponsor has no obligation whatsoever with respect to such Prize, including, without limitation, any responsibility for any product warranties, whether express or implied by law. In the event of any complaint, issue, or failure related to any Prize, the applicable Winner shall look only to the Prize Provider for assistance or support and to the maximum extent permitted by applicable law, Sponsor will have no obligation, responsibility, or liability whatsoever with respect to any Prize except to deliver such Prize as required by these Official Rules and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Company’s sole responsibility. Each Entrant acknowledges that the Prize Provider is responsible for addressing any claims of such Entrant or any third party relating to the use or your possession of any Prize, including, but not limited to: (i) product liability claims; (ii) any claim that Prize fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
9. BINDING NATURE, WAIVER, INDEMNIFICATION: By entering a Sweepstakes, you agree: (a) to be bound by these Official Rules and by all applicable laws and decisions of Sponsor, which shall be binding and final; (b) to waive any rights to claim ambiguity with respect to these Official Rules; (c) to waive all of your rights to bring any claim, action, or proceeding against any of Sponsor or the Released Parties in connection with the Website or any Sweepstakes; and (d) to forever and irrevocably agree to release, defend, indemnify, and hold harmless each of Sponsor and the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability costs and expenses (including, without limitation, reasonable outside attorneys’ fees) that may arise in connection with: (i) the Website or any Sweepstakes, including but not limited to your participation or inability to participate in any Sweepstakes, (ii) typographical or printing errors in these Official Rules or any Sweepstakes materials, (iv) any change in any Prize (or any components thereof) due to unavailability, or due to reasons beyond Sponsor’s control, (v) any interruptions in or postponement, cancellation, or modification of any Sweepstakes, (vi) human error, (vii) incorrect or inaccurate transcription, receipt or transmission of any Entry, (viii) any technical malfunctions or unavailability of the Website or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by Sponsor, any of the Released Parties or by you, (ix) interruption or inability to access the Website or any online service via the Internet due to hardware or software compatibility problems, (x) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (xi) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (xii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, (xiii) lost, late, stolen, misdirected, damaged or destroyed Prizes (or any element thereof), or (xiv) the negligence or willful misconduct by you. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR PARTICIPATION IN ANY SWEEPSTAKE AND/OR ACCEPTANCE OF ANY PRIZE. BY PARTICIPATING IN ANY SWEEPSTAKES, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILTY FOR YOUR PARTICIPATION AND AGREE THAT PARTICIPATION IS SOLELY AT YOUR OWN RISK.
9. PUBLICITY RIGHTS: By accepting a Prize, you agree to allow Sponsor and/or Sponsor’s designee the perpetual right to use your name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, world wide, including but not limited to on the World Wide Web and Internet, without notice, review or approval and without additional compensation except where prohibited by law.
10. GENERAL: These Official Rules are subject to and incorporated by reference within Sponsor’s Terms of Service. If there is any conflict between the Terms of Service and these Official Rules, the Official Rules take precedence but only in relation to the Sweepstakes. In the event of any conflict with any details contained in these Official Rules and details contained on the Website, the details set forth in these Official Rules shall prevail. Sponsor reserves the right, to disqualify any individual found, in its sole opinion, to be tampering with the operation of the Website or any Sweepstakes or to be acting in violation of these Official Rules. CAUTION AND WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF ANY SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNERS’ LIST. For a list of prize winners, write your name and address on a 3″x 5″ card and mail it in an envelope to: Winners List, StyleCaster Media Group LLC, 49 West 27TH Street New York, NY 10001. Winner List requests will only be accepted after the applicable Sweepstake’s end date (listed on the applicable Sweepstakes Notification) and requests must be received no later than thirty days after such end date.
© 2011 StyleCaster, Inc. All Rights Reserved. These Official Rules may not be reprinted or republished in whole or in part without the prior written consent of Sponsor. These Sweepstakes are in no way sponsored, endorsed or administrated by any Prize Provider.