“Obagi Ambassador” Contest Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
Participation constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules. The “Obagi Ambassador” Contest (the "Contest") begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on May 26, 2010 ("Promotion Start Date"), and ends at 11:59:59 p.m. EST, on June 26, 2010 ("Promotion Period"). The Contest is sponsored by OMP, Inc., 3760 Kilroy Airport Way, Ste 500, Long Beach, CA 90806 (the "Sponsor") who is solely responsible for all aspects of this Contest.
Eligibility: The Contest is intended for viewing and participation in the United States and the District of Columbia (“U.S.”) only and shall only be construed and evaluated according to U.S. law. Do not enter the Contest if you are not (i) a legal U.S. resident located in the U.S., and (ii) age 18 or older as of May 26, 2010. Employees, officers and directors of Sponsor, its parent company, franchisees, affiliates, subsidiaries, agents and advertising and promotion agencies (“Released Parties”), as well as the immediate family members (parents, children, siblings, spouses) and/or persons living in the same household (whether related or not) of each are not eligible to participate in the Contest. All federal, state and local laws and regulations apply. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, and where prohibited, taxed or restricted by law.
How to Enter the Contest: Eligible participants can enter online at www.obagi.com/ambassador (the “website”). Participant (the “Entrant”) will be asked to provide basic personal contact information upon entry as well as to upload a photograph and submit an essay (500 words or less) about their personal Obagi experience and the chance to become an Obagi Ambassador. To complete the Contest registration form, the participant needs to provide name, date of birth, complete mailing address (including zip code), daytime phone number, and email address. All Contest entries must be received by 11:59:59 pm EST on June 26, 2010. LIMIT: One entry per person during the Promotion Period. Each entry must contain a completed registration, an uploaded photo, and an applicable essay in order to be valid. Sponsor reserves the right to disqualify any person or email address that submits more than maximum one entry. Incomplete entries, or those containing incorrect information, will be voided. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. By participating in this Contest, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor which are final and binding in all matters relating to the Contest. By entering this Contest, Entrants agree that each essay entry becomes the property of Sponsor and that the Sponsor may use it for any proper purpose.
Each essay and photo must be the original work of the Entrant, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity and must have been created in a legal and safe manner. By submitting an essay and photo, each and every Entrant warrants and represents to the above conditions, that the photograph submitted is that of the Entrant and that they consent to the submission and/or use of the essay and photograph in the Contest, and to its posting on the Internet in connection with the Contest.
Obagi Ambassador photo/essay entries may not contain any of the following: i) Materials which include or constitute trademarks, trade names or copyrighted works created or owned by any person or entity other than Entrant or for which the Entrant has not obtained owner’s permission to use ii) Materials which contain profanities, vulgar language, lewd behavior, or are otherwise obscene or inappropriate for a general audience; vi) Materials which contain graphic sexual language or any depiction of inappropriate sexual acts; iii) Materials which contain extensive or gratuitous violence; iv) Materials which constitute or contain reference to actual illegal acts; v) Materials which violate anyone’s privacy rights, violate any confidentiality or employment agreement, or which are defamatory; vi) Materials which are derogatory to Sponsor, or any affiliated entity or person; vii) Materials which are discriminatory based on race, religion, national origin, physical disability, age, sex, or sexual orientation or preference; viii) Materials which contain any computer virus, worm or other harmful computer programming or thing; ix) Materials that contain any musical recordings; x) Materials which do not comport with the entry requirements; and xi) Materials which Sponsor, in its sole discretion, deems to be otherwise objectionable. Entries which do not conform to these guidelines will be disqualified. Sponsor further reserves the right, in its sole and unfettered discretion, to verify at any time during the Contest that all necessary clearances have been obtained and to disqualify and remove any entry if it believes that the necessary clearances have not been obtained.
By submitting an essay and uploading a photo, Entrant irrevocably assigns, conveys and otherwise transfers to Sponsor, its successors, and assigns any and all right, title, and interest in perpetuity throughout the world in and to the entry, including, without limitation, any and all copyrights, trademarks, contract and licensing rights, moral rights or “droit moral”, and other intellectual property and proprietary rights in the entry, and the exclusive right to edit, change, revise, reproduce, display, perform, publish, distribute, license, sublicense, and sell the entry in whole or in part, and to prepare, use, and exploit derivative works or improvements thereof, in all forms and media now or hereafter known, including material in digital and electronic media, computer, audio and audiovisual versions, and translations and adaptations, all in any language throughout the world and in Sponsor’s sole discretion in perpetuity. Without limiting the foregoing, Entrant hereby waives and releases Sponsor, from any and all claims that Entrant may now or hereafter have in any jurisdiction based on such “moral rights” or “droit moral” or unfair competition with respect to Sponsor’s exploitation of the entry without further compensation to Entrant of any kind.
Judging Criteria/ Winner Determination: Each entry will be judged based on the following criteria: 1) Overall Obagi skin care story (33%); 2) Results as documented in the personal story and uploaded photo (33%); and 3) Full profile information and responses to questions on entry form (33%). Each individual Contest entry will be judged by a predetermined panel of judges appointed by the Sponsor. All entry forms must be completely filled out (including uploaded photo) in order to be eligible for judging. The panel of judges will choose winners based on the requirements set forth above.
Internet Limitations of Liability: If for any reason this Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Contest, the Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest in whole or in part, at any time, without notice, or to disqualify any individual who tampers or attempts to tamper with the entry process, and thereafter, award the prizes using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Sponsor is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant or any other person's computer relating to or resulting from participation in this Contest or downloading any materials in this Contest. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be determined as the authorized account holder of the email address submitted at time of entry. "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 (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted email address. Sponsor is not responsible for electronic communications which are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s email account to receive email messages. Sponsor is not responsible, and may disqualify an entrant, if the entrant’s email address does not work or if it is changed without prior written notice to Sponsor.
Grand Prize: There will be up to five (5) Grand Prize winners selected following the conclusion of the Contest. The Grand Prize winners will receive an “Obagi for life” prize package. The Grand Prize package will include Obagi skin care products. The Approximate Retail Value (“ARV”) of the Grand Prize package is $5,000. By accepting any of the aforementioned prizes, the prize winner agree to release the Sponsor and Released Parties from any and all liability whatsoever for any injuries, losses, or damages of any kind caused by entering the Contest or for damages of any kind caused by any prize or resulting from acceptance, possession, or use/misuse of prize awarded, or while preparing for, participating in, and/or traveling to and from any prize-related activity. The Grand Prize package will be awarded "as is" with no warranty or guarantee, either express or implied, by Sponsor. All prize details, including the brands and specifications of the products that will be awarded, will be determined in Sponsor's sole discretion. The Grand Prize package is non-assignable, non-transferable, and non-refundable and must be accepted as awarded. No substitutions may be made, except by Sponsor who reserves the right, in its sole discretion, to substitute the prize (or portions thereof) with prizes of comparable or greater value. The Grand Prize package will only be awarded to the verified winner.
Winner Notification: The Grand Prize Contest winner will be selected, based on the aforementioned judging criteria, from among all eligible entries received. The Grand Prize winner will be contacted and notified on or about July 5, 2010. The Grand Prize winner will be contacted by phone and sent to their nearest physician to collect winnings.
Prize Conditions: The Grand Prize winner is solely responsible for all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. The Grand Prize winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release, and return it within 14 days of written notification. If a Grand Prize package or prize notification is returned as unclaimed or undeliverable to a potential winner, if the potential winner cannot be reached within three (3) calendar days from the first notification attempt, or if the potential winner fails to return requisite document within the specified time period, or if the potential winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsor’s sole discretion, an alternate winner may be selected for the prize at issue. Upon accepting the Grand Prize package, the Grand Prize winner acknowledges and accepts responsibility for the tax ramifications associated with the Grand Prize. The winner will receive a 1099 Misc. form in the amount of $5,000. The Grand Prize winner must include the aforementioned 1099 form in their personal tax filings for 2010. The winner’s entry into the Contest constitutes permission (except where prohibited) for the Sponsor to use said winner’s name, photograph, likeness, statements, biographical information, voice and address (city and state), in all forms of media, in perpetuity, without notice or further compensation.
Terms & Conditions: This Contest is subject to all applicable federal, state, and local laws. By entering the Contest, Entrants agree to release Sponsor and its parent company, subsidiaries, affiliates, retailers, distributors and advertising and promotion agencies, and its and each of their respective directors, officers, employees, shareholders and agents from any and all liability, loss, damage or injuries to any person (including death) or property of any kind sustained in connection with their participation in the Contest or from their acceptance, receipt, possession and/or use or misuse of the Grand Prize, or for any typographical or other error in the printing, offering or announcement of the Grand Prize. Entrants further acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, relative to the Grand Prize, including, but not limited to, its quality or fitness for a particular purpose. Any person attempting to defraud or in any way tamper with the Contest mechanics and/or implementation will be prosecuted to the fullest extent of the law. By participating, Entrants agree to waive any right to claim ambiguity in the Contest or these Official Rules. Sponsor reserves the right to disqualify any Entrant that Sponsor determines, in its sole discretion, violates these Official Rules. This Contest is void where prohibited.
Official Rules by Mail: For your own copy of the Official Rules, send a self-addressed stamped envelope to ASC/OMI “Obagi Ambassador” Contest Official Rules, 300 State Street, Suite 402, Rochester, NY 14614, for receipt by June 26, 2010.
Winners List Requests: To request a copy of the winner, please send a self-addressed, stamped business size envelope, by August 26, 2010, to: ASC/OMI “Obagi Ambassador” Contest Winners List, 300 State Street, Suite 402, Rochester, NY 14614.
Sponsor: OMP, Inc., 3760 Kilroy Airport Way, Ste 500, Long Beach, CA 90806.