THE NIVEA MY SILHOUETTE! MY SKINNY JEANS VIEWER CHALLENGE VOID WHERE PROHIBITED. The entry period for Nivea’s My Silhouette! Hello Skinny Jean Viewer Challenge (the "Challenge"), sponsored by ANE Productions, Inc. and Beiersdorf, GmbH (collectively, the “Sponsor”), begins May 25, 2009 at 12:01 a.m. Pacific Time (“PT”) and ends at 11:59 p.m. PT on June 26, 2009 (the “Entry Period”). All federal, state and local laws and regulations apply. Sponsor’s clock will serve as the official time clock of the Challenge. 1. ELIGIBILITY: The Challenge is open to individuals who are at least eighteen (18) years of age on the date of entry and a legal resident of and physically residing in one of the 50 United States (excluding Puerto Rico, United States territories, possessions, and protectorates, foreign based United States military installations and wherever restricted or prohibited by law) or the District of Columbia. Neither Sponsor nor employees of Sponsor, Beiersdorf, GmbH, The Tyra Banks Show, broadcast licensees of The Tyra Banks Show, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Challenge Entities”) are eligible to participate in the Challenge and/or win a Prize (as defined below). Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win. For the purposes of this Challenge, “immediate family members” is defined as spouse, domestic partner, parent, in-laws, grandparent, brother, sister, children and grandchildren. HOW TO ENTER: On-line entry is the only method of entry for the Challenge. Limit one (1) entry per individual during the Challenge Period (as hereinafter defined). A “day” for the purpose of this Challenge begins at 12:00:00 p.m. Pacific Time (PT) and ends at 11:59:59 a.m. PT. The Challenge begins at 12:00:01 p.m. PT on May 25, 2009, and ends at 11:59:59 a.m. PT on June 26, 2009 (the “Challenge Period”). To be eligible to win the Challenge, individuals must submit the required information and two photos of themselves (“Before” and “After” photos) according to the directions below. Entries received before and/or after the Challenge Period will be void. Entries missing either “Before” or “After” photos will be void. All entries become the sole property of Sponsor and will not be acknowledged or returned. Sponsor’s computer will serve as the official time piece for the Challenge. To Enter: To be eligible, you must submit a “Before Entry” between May 25, 2009 and May 29, 2009, then follow the Nivea My Silhouette! My Skinny Jean Challenge for one month, then submit an “After Entry” between June 22, 2009 and June 26, 2009, as further detailed below. 1) “Before Entry”: Between May 25, 2009 and May 29, 2009, go to,http://tyrashow.warnerbros.com/nivea/ and follow the on-screen instructions provided to enter the following information: your first name, last name, street address (no P.O. Box), city, state, zip code, e-mail address, phone number where you can be reached, gender and date of birth. Follow the on-screen instructions to submit a recent photo of yourself (full-length) as your “Before Photo.” You will also be required to check a box acknowledging that you have read and that you accept the Challenge Official Rules. Locate and review the NIVEA My Silhouette! My Skinny Jeans Challenge Manual (“Manual”.) Read the instructions in the Manual and determine whether you are physically able to follow the Manual’s diet and exercise guidelines. You may, at your sole risk and discretion, choose to follow the 26th or Manual’s guidelines and participate in the Challenge. 2) “After Entry”: Between June 22, 2009 and June 26, 2009, go to http://tyrashow.warnerbros.com/nivea/ and click on the “Challenge” icon and follow the on-screen instructions provided to enter the following information: your first name, last name, street address (no P.O. Box), city, state, zip code, e-mail address. Follow the on-screen instructions to submit a new photo of yourself (full-length wearing your Skinny Jeans and holding Nivea’s My Silhouette! Redefining Gel-Cream) as your “After Photo” and essay contribution (up to 500 words) explaining why you participated in the Challenge and describing your experience. Your “After Photo” must show you in your skinny jeans and holding the Nivea My Silhouette! Redefining Gel-Cream. A qualifying entry requires all of the following elements submitted by an Individual via the tyrashow.com Challenge page: Submission of false or misleading personal information by a participant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by the Sponsor at its’ sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry. WINNER SELECTION / ODDS: Sponsor will review all qualifying entries, as defined above, between June 22, 2009 and June 29, 2009, and select one (1) winner based on the following criteria: • 40% attitude/personality based on the essay contribution If your qualifying entry is selected and it meets the Challenge’s eligibility criteria, you could be eligible to win the prize (subject to Sponsor’s verification process). If a potential prize winner is found ineligible or fails to comply with these Official Rules, that individual’s claim to a prize is forfeited and an alternate qualifying and eligible entry will be contacted. Odds of winning depend on the total number of eligible entries received by the deadline and Sponsor’s criteria above. All prizes legitimately claimed will be awarded. 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 or cell-phone number provided. 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. PRIZE: Total approximate retail value (“ARV”) of the prize in this Challenge: $5,400.00. A maximum of one (1) prize, in the form of a Five Thousand Dollar ($5,000.00) check and three (3) pairs of Paige Premium denim, will be awarded. Refusal or return of any prize as undeliverable will also result in disqualification and an alternate winner will be selected.
PRIZEWINNER NOTIFICATION PROCESS: The Prizewinner will be notified by Sponsor via e-mail and/or telephone between June 29, 2009 through July 3, 2009. If a prizewinner does not accept the prize via reply e-mail and/or telephone within forty-eight (48) hours following the date and time the notification e-mail is sent or telephone call is made, then that winner will be disqualified and the alternate winner will be selected from the eligible entries received on the day of the original drawing. At its sole discretion, the Sponsor may require a tentative prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”). If required, Affidavit/Release must be returned to the Sponsor within forty-eight (48) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time. Refusal or return of any prize notification, Affidavit/Release or prize as undeliverable will result in disqualification and an alternate entry will be selected. ADDITIONAL PRIZE INFORMATION: There is no substitution for any prize or any portion thereof, except due to unavailability, in which case a prize of equal or greater value may be awarded at the sole discretion of the Sponsor. Prizes are not transferable, assignable or redeemable for cash. All prize details are at Sponsor’s sole discretion. The prize will be mailed to the Prizewinner within four to six weeks following selection and verification of that prizewinner. Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a prize not specified herein as being awarded. Prize winners may be issued an IRS form 1099 based on the ARV of each prize awarded. PRIVACY STATEMENT: A participant’s personal information will be utilized by the Sponsor for selecting prizewinners, fulfillment of Challenge prizes and to comply with legal requirements. To review Sponsor’s privacy policy, go to http://www.thewb.com/pages/privacy-policy.php. To review Sponsor’s terms of use, go to http://www.thewb.com/pages/terms-of-use.php. By entering this Challenge, entrants accept and agree to abide by these privacy policies and terms of use PUBLICITY GRANT: Except where prohibited by law or Sponsor’s Privacy Policy, by entering the Challenge, each participant grants the ANE the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address (including city and state of residence) and any other information contained in his/her entry on a worldwide basis, and in all forms of media now known or hereafter devised or discovered (including, without limitation, on the Sponsors’ web sites), in perpetuity, without further compensation, notice, review or approval. NO WARRANTIES: ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” Challenge Parties make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant. All trademarks are the property of their respective owners. The use of certain companies’ products and services as prizes does not imply participation in, approval of, or endorsement of this Challenge by such companies. RELEASE, HOLD HARMLESS AND INDEMNIFICATION: You understand and acknowledge that participation in the Challenge requires that you follow the Manual’s exercise and dietary guidelines (“Activities”), which may involve a risk of damage, injury or death. You may, at your sole discretion, participate in such Activities. You acknowledge that you are solely responsible for determining whether you are physically and mentally able to participate in the Challenge. You understand that you are not required or expected to participate in any Activities which in your judgment involves any risk. You further acknowledge that you are advised to seek the opinion of a physician or medical personnel to determine whether you are capable of participating in the Activities of the Challenge. By entering, participants (OR, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STaTE OF RESIDENCE, THEN PARTICIPANT’s parent or legal guardian), participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR AND ALL CHALLENGE PARTIES From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive ECONOMIC AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the CHALLENGE and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE CHALLENGE PARTIES. DISCLAIMERS / LIMITATIONS ON LIABILITY: By ENTERING, EACH PARTICIPANT (OF, IF PARTICIPANT IS UNDER THE AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THEN PARTICIPANT’S PARENT OR LEGAL GUARDIAN) agreeS that THE CHALLENGE PARTIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any CHALLENGE-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God. The Challenge Parties are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Challenge Parties are not responsible for any typographical errors in these Official Rules, Challenge content or any advertising materials for the Challenge, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Challenge Parties or the user, or by any of the equipment or programming associated with or utilized in the Challenge, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Challenge, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure. If the Challenge becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Challenge Parties, the user or by any of the equipment or programming associated with or utilized in the Challenge, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Challenge or any Challenge offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select prizewinners from all entries received for the Challenge 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, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control. GENERAL CONDITIONS OF ENTRY: 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 Challenge. Participants agree not to knowingly damage or cause interruption of the Challenge and/or prevent others from utilizing the Challenge. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CHALLENGE OR CAMPAIGN VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. GOVERNING LAW AND VENUE: The parties agree that the Challenge and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. Each participant and their parent/legal guardian agree (i) that any or all lawsuits brought by participants or their parents or legal guardians pursuant to these Official Rules or the Challenge will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Challenge or any prize awarded shall be resolved individually, without resort to any form of class action. Entrants hereby waive any and all objections to personal jurisdiction. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Challenge but in no event attorneys’ fees. Under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. OFFICIAL RULES AND WINNERS LIST: |
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