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Contest Terms and Conditions
$5,000 SUCCESS STORY CONTEST DETAILS
ELIGIBILITY
Open to legal residents of the United States including the District of Columbia who have purchased and personally used the NHSI, Inc. ScalpMED® product (the “Product”) prior to or during the Contest Period below, who are eighteen (18) years of age or older at time of entry and possess a valid, operating email address. Entries specifying an invalid, non-working, or otherwise inactive email address may be deemed ineligible and void. Residents of the State of Arizona are not eligible to enter or win. Employees of NHSI, Inc. (“Sponsor”) and their immediate family members (parent, sibling, children and spouse, and any person residing in the same household whether related or not) of Sponsor and its respective affiliates, agents, assigns, advertising and promotion agencies, and all other companies associated with the Contest, and their respective agents, officers, and directors, and all individuals, including, but not limited to, consultants, independent contractors, so-called “temporary employees,” former employees and interns (and their immediate family members) who have, within the past six months, performed services for Sponsor, are not eligible to enter or win. Void in Arizona. Void in the U.S. Virgin Islands, Puerto Rico, all other U.S. territories and possessions, and U.S. military and diplomatic installations outside the contiguous United States. Void where prohibited by law.
HOW TO ENTER
During the Contest Period, visit www.scalpmed.com (the “Website”) and follow the instructions to submit/upload your personal photographs and Scalp Med® Success Story essay (collectively, the “Submission”). Entrants must, in their own words, write an essay of not less than fifty (50) words in English describing how they have personally benefited from using the Scalp Med® product (the “Product”). Sponsor is not obligated to review or otherwise make use of any Submission in any form or manner. Any prizes awarded in this Contest are at Sponsor’s sole discretion. Limit: one (1) Submission per person. Additional Submissions by the same person shall be deemed null and void.
In addition to the Submission, you may need to provide your basic contact information, including your name, address, email address, telephone number, and date of birth.
USE OF SUBMISSIONS
You will retain your ownership interest in all Submissions provided by you to Sponsor. In the event your Submission is selected as a winning Submission by the judges, you hereby grant Sponsor and its affiliated companies, licensees, agents, successors and assigns an irrevocable, universal, exclusive, fully-paid and royalty-free, sub-licensable and transferable license throughout the world, in perpetuity, to use your Submission in any manner in any ScalpMED® promotional materials purposes or on the ScalpMED® website and to appear as a testimonial in an upcoming ScalpMED® television advertisement. Submissions will be treated as non-confidential and non-proprietary. Sponsor retains the right to edit and alter all Submissions in any manner and for any purpose, but it is under no obligation to do so. Sponsor may not be able to review any or all Submissions and nothing herein requires Sponsor to use, review, publish, or otherwise distribute Submissions provided to it. Regardless of whether a Submission is selected by the judges, each entrant hereby represents and warrants that the Submission materials provided are your personal story and photographs, and that the use, publication, distribution, or posting of said Submission does not violate the privacy rights, publicity rights, copyright, contract rights or any other rights of any person or entity. In the event your Submission is selected as a winning Submission by the judges, Sponsor reserves the right to use the Submission and your information (name, image, likeness, biographical or personal information and signature) for any purpose, including, but not limited to, advertising, marketing, posting, reproduction, disclosure, distribution, transmission, publication, and broadcast in any and all manner, media, formats and channels of distribution now or hereafter known. For all Submissions received (regardless of whether a Submission is selected by the judges), Sponsor reserves the right to use any ideas, concepts, knowledge, or techniques contained in the Submission or information that users provide, for any purpose, including, but not limited to, developing, manufacturing and marketing products or services using such information, and you acknowledge and understand there shall be no consideration, royalties or other compensation from Sponsor, its agents, affiliates or assigns for use of said Submissions or information.
You hereby represent and warrant that all of the statements and photographs in the Submission are true and accurate and, based on your personal knowledge and review, the Product is effective for you as depicted in the Submission and the statements continue to represent your true opinions and beliefs about the Product. You agree that, to the extent you shall require a product or service in its category, you shall continue to use the Product.
Any Submission that Sponsor deems inappropriate, including, but not limited to, content that is offensive, defamatory, indecent, disparaging, obscene, pornographic, abusive, harassing, or illegal, or which constitutes an unlawful invasion of privacy, or which in any manner violates these Official Rules, shall be deemed null and void.
HOW TO WIN
The Submissions will be judged on the following criteria: Personal benefits and success resulting from the use of the Product, 60%; Originality/ Creativity, 20%, Grammar, spelling and overall construction, 20%. By way of example only, essay content might include story elements as to how the Product has changed the entrant’s personal appearance and if warranted, improved his or her life.
Judges qualifications: The judging panel will consist of Sponsor’s employees or its designees with direct knowledge of the Product.
Tie-breaker: In the event of a tie, each entrant in the tie shall submit to Sponsor one (1) additional fifty (50) word essay addressing why entrant will continue to use the Product. The winning essay shall be judged on the same criteria as above and shall be deemed the winner.
ALL JUDGES’ DECISIONS ARE FINAL. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT PROVIDE A SUBMISSION TO SPONSOR.
PRIZES AWARDED
Grand Prize:
A minimum of Three (3) Grand Prize winners shall each receive:
A cash award in the amount of five thousand dollars ($5,000);
One (1) roundtrip coach airfare to Los Angeles, CA;
A two (2) night, three (3) day stay at a hotel (hotel to be selected by Sponsor, single occupancy, subject to availability);
Appearance in an upcoming ScalpMed commercial or infomercial!
Approximate Retail Value (“ARV”) of each Grand Prize trip package: $6,650 (ARV subject to change due to each winner’s point of departure/round-trip airfare).
Each Grand Prize shall be individually awarded upon each winner’s selection on a date to be specified at the sole discretion of Sponsor. Dates are subject to change per Sponsor’s receipt of eligible high-quality Submissions, and further, Sponsor, at its sole discretion, reserves the right to award additional Grand Prizes (as described above) in addition to the aforementioned Prize award dates.
Odds of winning: Odds of winning depend on the number of eligible Submissions received and the judging criteria set forth above.
Runner Up Prize:
A minimum of Ten (10) Runners Up shall each receive:
A six (6) month supply of the Product
(1) ScalpMED® “Complete Care for Thinning Hair Kit” with each individual Package consisting of all of the following: (1) Silk Protein Shampoo Cleanser Formulated for Thinning Hair; (2) Cortex Enlarger Hair Thickening Treatment; and (4) Panthenol Dx Detoxifier.
Each Runner Up Prize shall be individually awarded upon each winner’s selection on or about December 31, 2018 (or earlier in the sole discretion of Sponsor). Dates are subject to change per Sponsor’s receipt of eligible high-quality Submissions, and further, Sponsor, at its sole discretion, reserves the right to award additional Runner Up Prizes (as described above) in addition to the aforementioned Prize award dates.
ARV of twelve (12) month supply of ScalpMED® Product is $960.00.
ARV of Scalp Med® “Complete Care for Thinning Hair” is $89.96.
ARV of each Runner Up Prize is $1,079.96.
Total ARV of all prizes: $30,749.60
Odds of winning: Odds of winning depend on the number of eligible Submissions received and the judging criteria set forth above.
All winners are eligible to have their Submission posted on the Website. Grand Prize winners’ Submissions may also be used in Product advertising, marketing, and promotional materials throughout the world, in perpetuity, in any and all manner, media, formats and channels of distribution now or hereafter known (collectively, the “Product Marketing”) at Sponsor’s sole discretion and each Grand Prize winner hereby agrees to participate in the aforementioned Product Marketing or the prize may be forfeited and awarded to an alternate. Nothing herein obligates Sponsor to make use of any Submission for any Product Marketing purpose in any form, manner, or Website posting.
Prize winners will be notified by email at Sponsor’s discretion within seventy-two (72) hours of winner determination following the judges’ decision. Upon receiving notification, winners must reply to Sponsor or Sponsor’s authorized representative within seventy-two (72) hours of said notification, or Sponsor may award the prize to the next eligible winner.
ALL FEDERAL, STATE, AND LOCAL TAXES, INCLUDING INCOME TAX, ARE SOLELY THE RESPONSIBILITY OF THE WINNER. Any difference between the stated estimated value of the prize and its actual value will not be awarded. Winner agrees to accept prize “as is.”
RESTRICTIONS
Prizes are nonrefundable and nontransferable. Sponsor is not required to (but may, at its sole discretion) offer substitutions, a cash redemption or alternative to the prizes awarded under this Contest. Sponsor, in its sole discretion, reserves the right to substitute or award additional prizes of equal or greater value including in the event a prize is unavailable. Any prize awarded is subject to the restrictions and limitations noted in these Official Rules, on the prize and/or included with the prize. Sponsor may require Grand Prize winners to provide color copies of valid state or federal photo identification (e.g., driver’s license, U.S. passport, military I.D.) to Sponsor upon request. Winners must be willing to submit to a background check (at Sponsor’s expense) and Sponsor may, at its sole discretion, disqualify any winner based upon information contained in the background check including but not limited to violent-crime felony convictions, illegal drug trafficking, etc.
Grand Prize winners must travel on dates specified by Sponsor, subject to availability. Certain dates may be subject to “blackout” dates or may not be available and restrictions apply; alternative travel dates are not available. No travel extensions permitted. Winner must possess all necessary documentation required for air travel (e.g., valid photo identification and, if applicable, U.S. passport).
Meals, gratuities, transportation to and from winner’s home and airport, hotel and flight upgrades, fuel, rental car, incidentals, optional entertainment, departure taxes, customs/agriculture fees, and all other expenses not specifically mentioned herein are the winner’s responsibility.
No responsibility is assumed by Sponsor for canceled, delayed, suspended or rescheduled travel arrangements or events, and no refund or compensation will be made in such instance. Travel and accommodations are subject to availability. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Sponsor reserves the right to select airport, airline, hotel and Los Angeles, CA ground transportation (if applicable) in its sole discretion. Airline tickets are nonrefundable and nontransferable and are not valid for upgrades or frequent flyer mileage accrual.
GENERAL ENTRY RULES
Any individual who attempts or otherwise encourages, directly or indirectly, entry/Submission under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries or Submissions, as determined by the Sponsor or Contest Administrator, will be disqualified. Mutilated, edited, lost, illegible, or incomplete entries will be deemed ineligible, disqualified and void.
Sponsor, together with any Co-Sponsor, and Contest Administrator, and their respective parents, subsidiaries and affiliates, advertising and promotion agencies, suppliers, printers, and distributors, and the respective officers, directors, employees, representatives and agents of each and any other person or entity related in any way to this Contest (collectively “Contest Entities”), are not responsible for late, lost, incomplete, misdirected, or damaged entries or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in this Contest which may limit the ability to participate, or by any human error that may occur in the processing of the entries and Submissions in this Contest, or for any printing errors in these Official Rules. If by reason of a printing or other error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available. No more than the advertised number of prizes will be awarded.
If for any reason (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Contest Entities that corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Contest) the Contest is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Contest and select and judge the Submissions from entries received prior to the action taken, or as otherwise deemed fair and appropriate by Sponsor. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. At Sponsor’s sole discretion, entrants and/or winners who do not comply with these Official Rules or otherwise attempt to interfere with this Contest in any way may be disqualified.
ALL DECISIONS BY SPONSOR ARE FINAL. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THESE OFFICIAL RULES, DO NOT ENTER THE SCALP MED® SUCCESS STORY CONTEST.
RELEASE AND INDEMNIFICATION
By entering, entrants and winners agree to be bound by these Official Rules and the decisions of Sponsor and Contest Administrator, which shall be final for all purposes hereunder, and agree: (1) Contest Entities may use, edit, alter, (unless prohibited by law) their names, likenesses, images, photographs, voices, cities/states of residence, biographical information, and the prize for advertising, trade and promotion throughout the world, in perpetuity, in any and all manner, media, formats and channels of distribution now or hereafter known, including on the Internet or via wireless application protocol, without further compensation, permission or notification, except where prohibited by law; (2) as determined and requested by Sponsor, winners agree to physically attend and willingly participate in Sponsor’s on-camera interviews connected to the Contest; and (3) entrants and winners acknowledge, understand, and agree that they assume liability for, and all risks of, any and all injuries (including without limitation, personal injury or death) or damages caused, or claimed to be caused, by participating in the Contest or any prizes thereof, and that entrants’ and winners’ heirs, next of kin, beneficiaries, spouse, guardians, legal representatives, executors, estate, administrators, successors and assigns, hereby unconditionally and irrevocably release, indemnify, forever discharge and hold the Contest Entities harmless from and against any and all claims, demands, liens, agreements, suits, costs, attorneys’ fees, damages, judgments, orders, and liabilities of whatever kind or nature in law, equity or otherwise, whether known or unknown, suspected or unsuspected, and whether or not concealed or hidden inclusive of any claims for damage to property, personal injury, illness, mental illness, or death, or claims based on defamation, rights of privacy, rights of publicity (collectively the “Released Claims”), in any way arising directly or indirectly out of the entrants’ or winners’ participation in the Contest and/or prizes, including travel to, from, and in and around the Los Angeles, CA region.
In addition to the terms and conditions of the aforementioned Released Claims above, each winner will be required to: complete and sign an Affidavit of Eligibility and Publicity/Liability Release (unless prohibited by law); and return the aforementioned materials to Sponsor or Sponsor’s representatives, or prize may be forfeited and awarded to an alternate.
MISCELLANEOUS CONDITIONS
Except to the extent pre-empted by federal or other applicable state law, the Contest shall be governed by the laws of the State of California, without giving effect to any conflict of law provisions thereof. By participating in the Contest, entrants, and winners agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the County of Los Angeles, State of California, having competent jurisdiction, which court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof. Any personal information supplied by any entrant to Contest Entities will be subject to the privacy policies posted at www.scalpmed.com/privacy.
NO WARRANTY
Everything regarding this Contest, including the Website and any Product or compensation provided to winners in return for their Submissions, are provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
WINNERS LIST AND OFFICIAL RULES
You may request the name of the winners and official rules by sending a self-addressed, stamped envelope byJune 1, 2018 to Scalp Med® Success Story Contest at: PO BOX 10454 Van Nuys, CA 91410. Residents of WA and VT may omit return postage for rules requests.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTIFICATION
Pursuant to the Digital Millennium Copyright Act, if an entrant feels unauthorized content has been posted on the Website, please notify Sponsor by mail at the address above, attention Copyright Department, or by email atcopyright@scalpmed.comwith the subject line stating “Copyright.” The DMCA notice MUST include the following: (i) describe the alleged infringement in detail; (ii) the copyright owner or who retains authorized use; (iii) the URL(s) where the alleged infringement can be located; (iv) a statement indicating your authorization to file a DMCA complaint; (v) how you may be contacted; and (vi) any DMCA notice must also contain the following statement:
“I have a good faith belief that use of the copyrighted material described above is not authorized by the copyright owner or its agent, nor is such use otherwise permissible under law. I declare, under penalty of perjury, that the information presented herein is accurate, that I am authorized to represent the copyright holder, and I have a good faith belief that the use is infringing.”
