Official Rules
The TRESemmé Stylista Watch. Vote. Win.
Sweepstakes

 

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. WINNER WILL BE REQUIRED TO EXECUTE A PRIZE-ACCEPTANCE AGREEMENT AS MORE FULLY DETAILED BELOW. GRAND PRIZE WINNER AND GUEST MUST TRAVEL FROM ADMINISTERING AGENCY-SELECTED AIRPORT NEAR WINNER’S RESIDENCE ON THE CW AND/OR ADMINISTERING AGENCY-SELECTED DATES OR GRAND PRIZE WILL BE FORFEITED. The TRESemmé Stylista Watch. Vote. Win. Sweepstakes (the “Promotion”) begins on Wednesday, October 22, 2008, at 7:00:00 p.m. and ends on Thursday, December 11, 2008, at 6:59:59 p.m. (the “Master Promotion Period”). Within the Master Promotion Period, there will be seven (7) individual drawings (each a “Stylista Drawing”), and one (1) Grand Prize drawing (“Grand Prize Drawing”), as defined in the “Winner Selection/Odds” paragraph below. All times are eastern time.

 

ELIGIBILITY:

 

The Promotion is open to legal residents of any one (1) of the forty-eight (48) contiguous United States and the District of Columbia (collectively, the “U.S.”) who are twenty-one (21) years of age or older and physically domiciled in the U.S. at the time of entry. Employees, directors and officers of The CW Network, LLC (“The CW”), and Alberto-Culver USA, Inc. (hereinafter collectively referred to as “Sponsors”), L.A. Promotion Development, Inc. (the “Administering Agency”), Warner Bros. Entertainment Inc., Bankable Productions, Anisa Productions, CBS Corporation, 10 by 10 Entertainment, Magic Molehill Productions, their respective parent companies and subsidiaries, affiliates, distributors, divisions, broadcast affiliates, or advertising and promotion agencies associated with the Promotion, or prize suppliers for the Promotion (collectively, the “Promotion Parties”) are not eligible to enter the Promotion or win any prizes. In addition, family members of (whether living in the same household or not) and those living in the same household as (whether related or not) any such employees, directors or officers are not eligible to enter this Promotion or win any prizes. For the purposes of the Promotion, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.

 

Void outside the forty-eight (48) contiguous United States and the District of Columbia and where prohibited. The Promotion is administered by the Administering Agency. By entering, participants agree to be bound by these Official Rules and the decisions of the Sponsors and Administering Agency, which are final and binding in all respects.

 

ENTER IN THE FOLLOWING WAY: Participants may enter the Promotion online only as detailed below.

 

Stylista Drawing #1: One (1) Entry allowed to be submitted between 7:00 p.m. on Wednesday, October 22, 2008, and 6:59:59 p.m. on Wednesday, October 29, 2008.

 

Stylista Drawing #2: Two (2) Entries allowed to be submitted between 7:00 p.m. on Wednesday, October 29, 2008, and 6:59:59 p.m. on Wednesday, November 5, 2008.

 

Stylista Drawing #3: Three (3) Entries allowed to be submitted between 7:00 p.m. on Wednesday, November 5, 2008, and 6:59:59 p.m. on Wednesday, November 12, 2008.

 

Stylista Drawing #4: Four (4) Entries allowed to be submitted between 7:00 p.m. on Wednesday, November 12, 2008, and 6:59:59 p.m. on Wednesday, November 19, 2008.

 

Stylista Drawing #5: Five (5) Entries allowed to be submitted between 7:00 p.m. on Wednesday, November 19, 2008, and 6:59:59 p.m. on Wednesday, November 26, 2008.

 

Stylista Drawing #6: Six (6) Entries allowed to be submitted between 7:00 p.m. on Wednesday, December 3, 2008, and 6:59:59 p.m. on Wednesday, December 10, 2008.

 

Stylista Drawing #7: Seven (7) Entries allowed to be submitted between 7:00 p.m. on Wednesday, December 10, 2008, and 6:59:59 p.m. on Thursday, December 11, 2008.

 

Entries received before and/or after the Master Promotion Period will be void. Entries received in excess of the maximum number of entries allowed for each respective Stylista Drawing period will be void.

 

The CW will be the official timekeeper for the Promotion.

 

To enter the Promotion, visit http://www.CWtv.com/TRESemme (the “Web Site”) and follow the on-screen instructions to reach the Promotion registration page. On the registration page and in the spaces provided, each time a participant enters, participant must enter his/her first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, e-mail address and date of birth, and vote for his/her favorite Stylista contestant appearing in The CW Network television series Stylista during the Master Promotion Period using the online voting mechanism provided.

 

As a condition of entry, each participant entering the Promotion must also follow the on-screen instructions to indicate his/her acceptance of these Official Rules. By clicking on the final “Submit” button, each participant forwards his/her entry to the Promotion

 

Nonreadable, garbled or incomplete entries, or entrants that do not abide by these Official Rules, as determined by the Sponsors or Administering Agency, at their sole discretion, will be disqualified. All entries become property of Sponsors and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of a participant, including, but not limited to, a Sweepstakes agent or agency, or entries that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by a participant will be grounds for disqualification of entry. Proof of submission of an entry will not be deemed proof of receipt of an entry by Sponsors or Administering Agency. For purposes of this Promotion, an entry is “received” when The CW's Web Site servers record the entry information upon participant clicking the final “Submit” button. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. All entries must be submitted legitimately.

 

In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address. Potential winner may be requested to provide Sponsors with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsors’ satisfaction, the entry will be deemed ineligible.

 

To review The CW’s Privacy Policy, go to http://www.cwtv.com/page/privacypolicy.html. In addition to the "Grant" section below, a participant’s personal information will be utilized by the Sponsors and/or Administering Agency for selecting winners, the fulfillment of prizes, to publish a winners list, to comply with any legal requirements, and as otherwise disclosed to you on the Web Site and/or registration form.

 

WINNER SELECTION/ODDS:

 

The Administering Agency will conduct one (1) Grand Prize drawing and seven (7) Stylista Drawings on or about the dates detailed below.

 

Stylista Drawing #1: Monday, November 3, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, October 22, 2008, and 6:59:59 p.m. on Wednesday, October 29, 2008)

 

Stylista Drawing #2: Monday, November 10, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, October 29, 2008, and 6:59:59 p.m. on Wednesday, November 5, 2008)

 

Stylista Drawing #3: Monday, November 17, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, November 5, 2008, and 6:59:59 p.m. on Wednesday, November 12, 2008)

 

Stylista Drawing #4: Monday, November 24, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, November 12, 2008, and 6:59:59 p.m. on Wednesday, November 19, 2008)

 

Stylista Drawing #5: Monday, December 8, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, November 19, 2008, and 6:59:59 p.m. on Wednesday, November 26, 2008)

 

Stylista Drawing #6: Monday, December 15, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, December 3, 2008, and 6:59:59 p.m. on Wednesday, December 10, 2008)

 

Stylista Drawing #7: Monday, December 15, 2008

(from all eligible entries received between 7:00 p.m. on Wednesday, December 10, 2008, and 6:59:59 p.m. on Thursday, December 11, 2008)

 

Grand Prize Drawing: Monday, December 15, 2008

(from all eligible entries received during the Master Promotion Period and by the Master Promotion Period end date)

 

Specific to the Stylista Drawings, if there are no eligible entries from which to select a winner for any individual Stylista Drawing, that Stylista Drawing’s prize will be awarded during the next drawing for which there are eligible entrants. Therefore, there could be two or more random drawings in one (1) Stylista Drawing.

 

If a participant’s entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win a prize (subject to the Sponsors’ verification process). If a potential prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to the prize is forfeited and an alternate randomly drawn eligible entrant will be contacted.

 

Odds of winning a Stylista Drawing prize are determined by total number of eligible entries received during the respective Stylista Drawing period. Odds of winning the Grand Prize (defined below) are determined by total number of eligible entries received during the Master Promotion Period.

 

PRIZES:

 

Total Approximate Retail Value (“ARV”) of all prizes in this Promotion: $28,125.00.

 

Stylista Drawing First Prizes: During each individual Stylista Drawing period, two (2) First Prize winners will each receive one thousand dollars ($1,000.00). ARV of each Stylista Drawing First Prize: $1,000.00. Form of award payment is at the sole discretion of the Administering Agency.

 

Stylista Drawing Second Prizes: During each individual Stylista Drawing period, five (5) Second Prize winners will each receive a TRESemmé/Stylista Prize Pack consisting of one (1) of each of the following: a The CW tote bag, a The CW mug, a The CW umbrella, TRESemmé Vitamin C and E Natural Shampoo, TRESemmé Vitamin C and E Natural Conditioner, TRESemmé Freeze and Control Ultra Hold Hair Spray, TRESemmé Mega Hold Super Firm Control Sculpting Gel, TRESemmé Create Flexible Hold Styling Putty, TRESemmé Extra Hold Firm Control Mousse, TRESemmé Thermal Creations Heat Tamer Spray, TRESemmé Thermal Creations Straightening Gel, TRESemmé Repair Hot Oil Treatment, TRESemmé Bouncy Curls Extra Hold Defining Gel, TRESemmé Touchable Curls Shaping Milk, TRESemmé Anti-Frizz Secret Smoothing Crème and TRESemmé Detangle Leave-In Spray. ARV of each Stylista Drawing Second Prize: $100.00. Actual prize elements awarded are at the sole discretion of the Sponsors, Administering Agency and/or prize provider.

 

Grand Prize: One (1) Grand Prize will be awarded: Grand Prize winner will receive a three (3)-day/two (2)-night trip for the Grand Prize winner and one (1) travel companion to New York City and, subject to availability, Grand Prize winner and travel companion will have the opportunity to meet, and be photographed with, a 2008 Stylista television series contestant, who will accompany them on a shopping spree (the “Event”). Travel dates are tentatively scheduled sometime between February 1, 2009, and September 1, 2009. Grand Prize winner and one (1) travel companion must travel on the same itinerary on the actual fulfillment dates designated by The CW and/or Administering Agency. If the Grand Prize winner cannot travel during the specified travel dates, then he/she forfeits the entire Grand Prize and an alternate entry will be randomly selected from all eligible entries received by the end of the Master Promotion Period. Grand Prize winner will be required to provide a valid Social Security number for tax purposes.

 

The Grand Prize trip will include only the following:

 

·        Round-trip economy air transportation for Grand Prize winner and one (1) travel companion from a gateway airport near Grand Prize winner’s residence (final determination of the departure airport is at the sole discretion of the Administering Agency) to the actual destination city airport (final determination of the destination city and airport is at the sole discretion of the Administering Agency). If the Grand Prize winner lives within a one-hundred-and-forty-five (145)-mile radius of the Event, he/she may not be eligible for air transportation; in that event, and at the Administering Agency’s sole discretion, ground transportation or a transportation allowance may be provided in lieu of air travel, and the difference in value, if any, between the air travel and ground transportation or transportation allowance will not be awarded.

·        Round-trip ground transportation between airport and hotel upon arrival and departure (airport–hotel; hotel–airport). Mode of transportation to be determined (“TBD”) by the Administering Agency. If Grand Prize winner is not eligible for air transportation, round-trip destination ground transportation is not necessary and will not be awarded.

·        Two (2) nights’ hotel accommodations of Administering Agency’s choice (one [1] room, double occupancy, room rate and room tax only).

·        Round-trip ground transportation from hotel to Event (hotel–Event–hotel). Mode of Event transportation is to be determined at the sole discretion of the Sponsors and/or Administering Agency.

·        Five thousand dollars ($5,000.00) spending money for the Grand Prize winner only. Method of funding of spending money is at the sole discretion of the Administering Agency.

 

Any additional destination amenities awarded, other than those specifically disclosed in these rules, will be awarded at the sole discretion of the Sponsors.

 

ARV of Grand Prize: $10,625.00. Actual ARV may vary depending on Grand Prize winner’s city of origin and actual destination city, market conditions, changes in value of components (e.g., air transportation and hotel rates) and other reasons. Promotion Parties are not responsible for and winner will not receive the difference between the actual value of the prize at the time of award and the stated ARV in these Official Rules.

 

No more than the prizes stated will be awarded.

 

The Promotion Parties are not responsible for cancellation of the Event. If Event is cancelled or becomes otherwise unavailable during the travel dates, Grand Prize may become a trip to the actual destination city and five thousand dollars ($5,000.00) as previously disclosed with no substitution for the Event being awarded.

 

Grand Prize does not include transportation to and from Grand Prize winner’s departure airport, meals, beverages, taxes other than the room tax, gratuities, incidentals, in-room charges, telephone calls and/or any other expenses not specified in these Official Rules. All of the expenses mentioned in the previous sentence are the sole responsibility of the Grand Prize winner and one (1) travel companion. Promotion Parties are not liable for any expenses incurred as a consequence of flight cancellation/delay. Travel is subject to airline and accommodation restrictions, blackout dates and availability. Final choice of departure and destination airports, airline carrier, flight times and/or destination accommodations and any other prize details not specified herein is at the sole discretion of The CW and/or Administering Agency. The Grand Prize winner may be required to provide a credit card at the time of accommodations check-in. Certain documentation will be required for travel, such as photo identification, all of which is the Grand Prize winner’s and his/her travel companion’s sole responsibility. No credit or cash will be given for any unused portion of the Grand Prize. No trip extensions or changes will be made unless the Sponsors and/or Administering Agency so impose. Failure to complete any or all of the Grand Prize trip does not relieve the Grand Prize winner of his/her tax obligations associated with winning the Grand Prize.

 

Grand Prize winner and travel companion must abide by, and are subject to, any and all minimum/maximum age, height, weight and health-related requirements or restrictions set forth by the designated airline carrier and/or service providers. Grand Prize winner and travel companion are responsible for obtaining any insurance (including, but not limited to, any travel and health insurance).

 

By entering this Promotion and accepting the Grand Prize, the Grand Prize winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Promotion- or prize-related activity. By entering this Promotion and accepting the Grand Prize, Grand Prize winner and travel companion agree that Sponsors, their designated representatives and/or the Administering Agency reserve the right at their sole discretion to disqualify and remove the Grand Prize winner and/or travel companion from any activity at any time if the Grand Prize winner’s and/or travel companion’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property or the reputation of any of the Promotion Parties or otherwise violates the policies of the prize providers. Grand Prize winner agrees that his/her guest must comply with Promotion Parties’ and each prize provider’s procedures and policies and must sign and return a release of liability and, where legal, a publicity release to Administering Agency in the timeframe specified by Administering Agency or travel will not be allowed. Once selected by the Grand Prize winner, travel companion cannot be changed without the express consent of Administering Agency, which may be withheld for any reason.

 

GRAND PRIZE WINNER NOTIFICATION PROCESS:

 

On or about December 23, 2008, the tentative Grand Prize winner will be notified by telephone and/or e-mail that he/she may be a winner in this Promotion, using the contact information provided in his/her entry. If the tentative Grand Prize winner cannot be reached after a reasonable effort (as determined solely by the Administering Agency) has been made, such person may be disqualified and an alternate entry may be randomly selected from all eligible entries received.

 

Once Administering Agency has received verbal confirmation from the tentative Grand Prize winner of his or her desire to accept the Grand Prize (subject to verification of eligibility), tentative Grand Prize winner will receive a Grand Prize Winner Affidavit of Eligibility/Release of Liability and one (1) Travel Companion Release of Liability Affidavit (“Affidavits”) via e-mail, mail or other courier service. A travel companion may only be under the age of majority in his/her state of residence if the Grand Prize winner is the parent of that individual, who must also complete the Affidavit for him/her and must complete the parent section of the Affidavit.

 

All Affidavits must be completed, notarized and returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) calendar days of the date the Administering Agency sent the Affidavits. A disqualification may result and an alternate entry may be randomly selected from all eligible entries received if all Affidavits are not returned to the Administering Agency within the specified time.

 

OTHER PRIZEWINNER NOTIFICATION PROCESS:

 

First and/or Second Prize winners (collectively “Other Prizewinners”), at the Administering Agency’s sole discretion, may receive their prizes by mail or other courier service with no prior notice or may be notified that they may be a winner in this Promotion by telephone and/or e-mail using the contact information they provided in their entry. At its sole discretion, the Administering Agency may require a tentative Other Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). If Administering Agency chooses to notify a tentative Other Prizewinner rather than sending the prize by mail or other courier service with no prior notice, and that tentative Other Prizewinner cannot be reached within three (3) calendar days from the date of first notification attempt, such person may be disqualified and an alternate winning entry may be randomly drawn from all eligible entries received.

 

If required, Affidavit/Release must be returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) business days of the date the Administering Agency sent the Affidavit/Release. A disqualification may result and an alternate winning entry may be randomly drawn from all eligible entries received if the Affidavit/Release is not returned to the Administering Agency within the specified time.

 

ADDITIONAL PRIZE INFORMATION/TAXES:

 

Prizes are not transferable or assignable and may not be substituted or redeemed for cash, except at the Sponsors’ sole discretion. Promotion Parties reserve the right to substitute a stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Promotion Parties will have no further obligation with respect to that prize or portion of the prize. Prizewinners are solely responsible for any and all federal, state and local taxes on prize value and, as applicable and as required by law, will be issued an IRS form 1099 based on the actual prize cost. By entering, each participant agrees that if selected as a tentative prizewinner, Sponsors may, at their option, conduct a background check on participant, the results of which may disqualify participant as a prizewinner. If necessary or requested, the prizewinner agrees to sign waiver forms authorizing the release of personal and background information.

 

GRANT—HOW THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS AS DISCLOSED BELOW:

 

Except where prohibited by law, by entering this Promotion, each participant grants the Promotion Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, statements, biographical information, address and any information or material contained in his/her entry (collectively, “Personae-Related Materials”) on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor-related Web sites and any of Sponsors’ advertising and promotion materials and/or broadcasts in any form, without additional compensation, review or approval. In addition, by entering, each participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation, review or approval. In connection therewith, each participant grants full permission and consent to the Promotion Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in any manner and in any and all media now known or hereafter devised and hereby releases the Promotion Parties from all liability related thereto.

 

Sponsors may require an additional separate written agreement with the Grand Prize winner at Sponsors’ sole discretion.

 

Participant agrees that the Promotion Parties are not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting an entry, each participant agrees to execute any documents or take any further action required by the Promotion Parties to effectuate the intention of the grants in these Official Rules and any other agreements made by each participant.

 

REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:

 

The Promotion Parties make no warranties, REPRESENTATIONS oR GUARANTEES, express or implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative to the use or enjoyment of any prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSORS HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.

 

By entering, each Participant and each of their agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge EACH OF the Promotion Parties from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Promotion, including, WITHOUT LIMITATION, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation and/or entry in the Promotion, or resulting from acceptance, possession, quality, use or misuse of any prize, or any portion thereof, OR PREPARATION FOR OR TRavel to or from any prize- or promotion-related activity. IF ANY OF THESE OFFICIAL RULES ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN. THE PROMOTION PARTIES ARE NOT RESPONSIBLE FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. GRAND PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER TRAVEL COMPANION RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE TRAVEL COMPANION’S USE OF THE GRAND PRIZE.

 

EACH PARTICIPANT acknowledgeS that there is a possibility that subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE OFFICIAL RULES, A PARTICIPANT will discover facts or incur or suffer claims which were unknown or unsuspected at the time A PARTICIPANT AGREED TO thESE OFFICIAL RULES, and which if known at that time may have materially affected A PARTICIPANT’S decision to AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH PARTICIPANT acknowledgeS and agreeS that by reason of thESE OFFICIAL RULES, and the releaseS contained in the preceding paragraphs, EACH PARTICIPANT assumES any risk of such unknown facts and such unknown and unsuspected claims.

 

Each participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:

 

1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.

 

GENERAL:

 

Each participant agrees that the Promotion Parties are not responsible for any errors, typographical errors or misprints in these Official Rules or any materials (including, but not limited to) the advertising, promotion or offer of the Promotion. If the Promotion or, as applicable, the fulfillment of any prize or of a prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or mobile telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by the Promotion Parties, the user or by any of the equipment or programming associated with or utilized in the Promotion, the Sponsors reserve the right, at their sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Promotion or any Promotion offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select the winner from among all eligible entries received for the Promotion prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsors’ or Administering Agency’s control.

 

The Promotion Parties are not responsible and/or liable for any of the following, whether caused by the Promotion Parties, the entrant or by human or other error: any lost, late, incomplete, illegible, mutilated or misdirected entries, e-mail or mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information.

 

All participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Promotion. Participants agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from utilizing the Promotion. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSORS AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSORS MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

 

A Promotion Party’s failure to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision.

 

Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Party, claims and causes of action arising out of or connected with this Promotion or a prize awarded or the determination of a winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.

 

All claims brought by a participant must be brought in the courts of the state of California, and this Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.

 

OFFICIAL RULES AND WINNERS LIST:

 

To view and download a copy of the Official Rules during the Promotion Period and for a six (6)-month period after the Promotion Period or to view and download a copy of the winners list for a six (6)-month period after the selection and posting of winners by the Administering Agency, visit http://www.rulesandwinners.com. In the field provided, enter the code word TRESemme.

 

Sponsors:      The CW Network, LLC

4000 Warner Blvd.

Burbank, California  91505.

 

Alberto-Culver USA, Inc.

2525 Armitage Avenue

Melrose Park, Illinois  60160

 

Administering Agency: L.A. Promotion Development, Inc., P.O. Box 70, Ojai, California 93024.

 

© 2008 The CW Network, LLC. All rights reserved. These Official Rules and all derivative forms in any configuration © 2008 L.A. Promotion Development, Inc. All rights reserved.