Official Rules for Dyson Event at Create & Cultivate LA Summit Promotion
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS PROMOTION IS INTENDED FOR PARTICIPATION IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“U.S.”) ONLY AND SHALL ONLY BE CONSTRUED AND EVALUATED ACCORDING TO U.S. LAW. This promotion is in no way sponsored, endorsed, administered by, or associated with Instagram. Any information provided is being provided to the Sponsor (as defined below) and not to Instagram. By entering or in any other way participating in this Promotion, you hereby irrevocably release Instagram from any and all liability in connection with the Promotion.
1. Promotion Description. Visit the Dyson Hair booth at the Create & Cultivate Summit in Los Angeles at City Market Social House, 1137 South San Pedro Street, Los Angeles, California 90015 on February 24, 2018 between 8:00 A.M. PST and 8:00 P.M. PST, receive a dry blowout, and post a photo of your blowout to Instagram using #DysonHair, #OUAISTED, and #sweeps for the chance to win one (1) Dyson Supersonic hair dryer and (1) Ouai gift set that will be randomly awarded.
By submitting an Entry (defined below), each individual agrees to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Promotion.
2. Sponsor. Dyson, Inc., 600 W Chicago Ave, Suite 275, Chicago, IL 60654. Please do not send Entries to this address.
3. Eligibility. The Promotion is open to legal U.S. residents physically residing in the 50 United States (including the District of Columbia) who are at least eighteen (18) years old, nineteen (19) if residents of Alabama, Delaware and Nebraska, and twenty-one (21) in Mississippi, at the time of entry (“Participants”). Void in Puerto Rico, Guam, the U.S. Virgin Islands, other U.S. territories and possessions and anywhere prohibited by law. Employees of Dyson, Inc. or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Promotion and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Promotion is subject to all applicable federal, state and local laws and regulations. Participation constitutes Participants’ full and unconditional agreement to these Official Promotion Rules, and Sponsor’s decisions are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth in these Official Rules. By submitting an Entry (defined below), each Participant represents and warrants that he/she is eligible for participation in the Promotion based on the foregoing restrictions.
4. Entry. The Promotion shall take place during the Entry Period set forth below unless otherwise extended or terminated at Sponsor’s sole discretion. The Entry Period is from 8:00 A.M. Pacific Standard Time (“PST”) to 8:00 P.M. PST on February 24, 2018 (“Entry Period”). All dates and times are subject to change. Entries that are submitted after such date/time, or which are received in any manner other than described below, are not eligible and will be disqualified.
5. How to Enter. To enter: Visit the Dyson Hair booth at the Create & Cultivate Summit in Los Angeles at City Market Social House, 1137 South San Pedro Street, Los Angeles, California 90015 during the Entry Period receive a dry blowout, and post a photo of your blowout to Instagram using #DysonHair, #OUAISTED, and #sweeps. Participants who post a photo must also “follow” @DysonHair and @theouai on Instagram in order to be eligible. Limit one (1) Entry per Participant. Posting a photo to Instagram will constitute one (1) Entry. Entries received from any Participant in excess of the stated limitation will be void and Sponsor may disqualify those involved. Entries may not be made jointly or by any group and may only be made by an individual. Non-winning Entries will not roll over to a subsequent drawing.
The use of automated entry methods is strictly prohibited and suspect Entries will be disqualified. Any attempt by a Participant and/or his/her family/friend to enter more than the number of times authorized herein using multiple names or email addresses and/or any other fraudulent mechanism, as determined by Sponsor in its sole discretion, shall give Sponsor the right to disqualify Participant.
6. Entry Requirements. Entries that do not comply with these requirements or any other requirements set forth in these Official Promotion Rules, as determined by Sponsor’s in its sole discretion, will not be eligible for consideration. Entries that are objectionable, as determined by the Sponsor in its sole, exclusive and absolute discretion, or that violate these Official Rules, will be disqualified. Sponsor will not verify or acknowledge receipt of Entries. Sponsor is not responsible for misdirected Entries or transmissions problems of any kind.
7. Prize. After the Entry Period, one (1) randomly selected winner will receive a Dyson Supersonic hair dryer valued at $399.99 and one Ouai gift set valued at $250. Winner may not resell, substitute, assign, or transfer prize or redeem prize for cash value, but Sponsor reserves the right, at its sole, exclusive and absolute discretion, to substitute a prize or portion thereof with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. Released Parties (as defined below) disclaim any and all liability for the actual provision, quality or nature of any prize accepted by the winner. The awarding of any prize is contingent upon full compliance with these Official Rules. In the event of non-compliance with the Official Rules, or if a winner cannot be reached at the Instagram handle or email address associated with the Entry within ten (10) calendar days of the first attempt, the prize will be forfeited.
8. Winner Determination. One (1) potential winner will be selected by Dyson representatives in a random drawing from among all eligible Entries received during the Entry Period within approximately seven (7) business days following the end of the Entry Period.
9. Winner Notification. Potential prize winner will be notified via Instagram or the email address associated with the Entry submitted and must respond within ten (10) calendar days of transmission or the prize will be forfeited and at Sponsor’s discretion, awarded to an alternate winner. In order to receive a notification via Instagram, each Participant must “follow” @DysonHair and @theouai on Instagram. Potential winner may also be required to sign and return an Affidavit of Eligibility or Ownership, Grant of Rights and a Publicity/Liability Release (except where prohibited) (“Affidavit/Release”) and return the Affidavit/Release within ten (10) calendar days of the date of his/her response to notification transmission, or the prize will be forfeited. If potential prize winner does not respond or fails to provide the signed documentation discussed above within the referenced time frames, or in any other way forfeit the Prize, Sponsor may, in its sole, exclusive and absolute discretion, award the Prize to another Participant selected by Dyson.
Sponsor shall not be liable in any way for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within ten (10) days of the notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit his/her prize and an alternate potential winner may be selected. If any potential winner is found to be ineligible, or if he/she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate potential winner may be selected. Sponsor may successively attempt to contact up to ten (10) potential winners of the Promotion in accordance with such procedure, and if there is still no confirmed winner of the prize in question after such attempts have been made, such prize may go unawarded.
10. Verification. ALL POTENTIAL WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION.
11. Ownership of Entries. By participating in the Promotion, in addition to any other rights, waivers or releases which may be granted in any other agreement entered into between the Sponsor and any Participant, each Participant irrevocably grants to Sponsor, Best Buy Stores, L.P., and any of their respective parent companies, subsidiaries, affiliates, distributors, and advertising and promotion agencies or other representatives or agents (collectively, “Promotion Entities”), the unconditional and perpetual right and permission to reproduce, encode, store, copy, transmit, publish, post, display, adapt, exhibit and/or otherwise use or reuse (without limitation as to when or to the number of times used), and modify each element of the Participant’s Entry, submission, title and description, in each case, as submitted or as edited/modified in any way by Sponsor, in its sole discretion, as well as to use Participant’s name, likeness, photograph (collectively, "Likeness"), and/or statements regarding his/her participation in this Promotion (with or without using the Participant’s name) in any and all media for any purpose, and without additional review, compensation to or approval from the Participant or any other party, without limitation as to time or territory, and without additional compensation or approval from the Participant or any other party. Participant waives intellectual property rights, privacy/publicity rights or other legal or moral rights that might preclude the Sponsor’s use of any element of the Entry, and hereby irrevocably releases each of the Promotion Entities, and each of their respective directors, officers, employees, shareholders, representatives, and agents, and the heirs, successors and assigns of any of the foregoing (collectively the “Released Parties”) from any and all liability with respect thereto.
With respect to the winner of the Promotion, the winner hereby grants and assigns to Sponsor and those acting under its authority all right, title, and interest in and to, and ownership of, their Entries and all intellectual property rights and proprietary rights therein and thereto in exchange for the prize, which shall include, without limitation, all copyrights, including the right to exploit, edit, modify, create derivative works, post, publish, perform, distribute and otherwise use winner’s Entries in any and all media (whether now known or hereafter conceived) for any purpose.
12. Other Promotion Conditions. This Promotion is subject to all applicable federal, state and local laws. By submitting an Entry, each Participant hereby irrevocably: (i) agrees to waive any right to claim ambiguity in this Promotion or these Official Rules, and (ii) releases, discharges, and shall indemnify and hold harmless the Released Parties, from and against any and all claims, damages, liabilities or losses incurred, asserted or claimed by Participant or any third party due to, relating to, or arising out of or in connection with, any injuries, damages, liabilities or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Promotion or in any Promotion-related activity. By submitting an Entry, each Participant further hereby irrevocably (i) releases, discharges, and shall indemnify and hold harmless the Released Parties from any and all claims, damages, losses or liabilities brought or asserted by any third party due to, relating to, or arising out of or in connection with Participant’s Entry or Participant’s conduct in connection with this Promotion, including without limitation claims arising in connection with rights under trademark, copyright, or other intellectual property rights, right of publicity, right of privacy or defamation or other proprietary right or rights of third parties; (ii) releases, discharges, and shall indemnify and hold harmless the Released Parties from any and all claims, damages, losses or liabilities that any commercial, advertising, presentation, Web content, or any other material subsequently produced, presented and/or prepared by or on behalf of the Released Parties infringes on the rights of Participant or any third party with respect to Participant’s Entry or the use thereof by any of the Released Parties; and (iii) forever waives any rights of privacy or publicity, intellectual property rights, or other proprietary rights, and any other legal rights that may preclude the Released Parties’ use of its Entry, and agrees to never use or assert any claims against the Released Parties for use of such Entry or otherwise exercising the rights granted under these Official Rules with respect to such Entry. Released Parties are not responsible for any damage to a Participant’s system or data which is occasioned by, or resulting from, participating in this Promotion or by downloading any information necessary to participate in the Promotion.
ANY ATTEMPT BY AN INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE THE PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW. The Sponsor also reserves the right to cancel, terminate or modify the Promotion if fraud, misconduct, attacks or technical failures destroy the integrity of the Promotion, or if a computer virus, bug, or other technical problem or attack corrupts the administration or security of the Promotion, as determined by Sponsor, in its sole, exclusive and absolute discretion. If the Sponsor, in its sole, exclusive and absolute discretion, elects to terminate the Promotion, Sponsor reserves the right, but shall not have the obligation, to award the prize from among all valid and eligible Entries received as of the termination time/date, based on the criteria set forth above. Sponsor reserves the right to prohibit the participation of a Participant if fraud or tampering is suspected or if the Participant fails to comply with any requirement of participation as stated herein or with any provision in these Official Rules. Entries generated by script, macro, or other automated means, or by any means which subvert the entry (or voting) process, are void. Sponsor assumes no responsibility for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of, Entries.
14. Limitation On Liability. In no event shall any of the Released Parties be liable to any Participant for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from any (i) errors, mistakes, or inaccuracies of content or (ii) personal injury or property damage, of any nature whatsoever, resulting from Participant’s acceptance of any prize, or any lost, incomplete or mis-directed Entries or associated data or content. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction. The Released Parties are not responsible for incorrect or inaccurate Entry information whether caused by Internet users or by any equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the Entries. Released Parties are also not responsible for computer system, phone line, hardware, software or program malfunctions or other errors, failures or delays in computer transmissions or network connections that are human or technical in nature. Entries that have been tampered with are void. Sponsor reserves the right to disqualify any Participant that Sponsor determines, in its sole, exclusive and absolute discretion, has threatened the operation of this Promotion or violates these Official Rules.
Participants specifically acknowledge that none of the Released Parties shall be liable for the content of any Entry or other third-party conduct that is defamatory, offensive, or illegal, or that infringes or violates third-party rights and that the risk of harm or damage from the foregoing rests entirely with Participants.
15. Disputes and Governing Law. As a condition of participating, each Participant agrees that (i) all causes of action arising out of or connected with this Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, excluding attorneys’ fees and court costs, and under no circumstances will Participant be permitted to obtain awards for, and Participant hereby waives all right to claim, punitive, incidental, consequential, or any other damages. By entering, Participant agrees that all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law rules. By entering, Participants also consent to the exclusive jurisdiction of, and venue in, the federal, state and local courts in Cook County, Illinois and hereby waive any claim or defense of lack of personal jurisdiction or forum non conveniens. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. If any provision of these Official Rules is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other provision.
Each Participant agrees to waive any and all rights that it (or any party claiming by, through or for it) has, has had, may now have or hereafter will have under the provision of Section 1542 of the Civil Code of the State of California or any similar provision in any other jurisdiction. The Promotion is void where prohibited.
16. Winners List and Official Rules. To receive the name of the winners, send a self-addressed, stamped envelope to: Dyson, Inc., 600 W Chicago Ave, Suite 275, Chicago, IL 60654. Winners List request must be received by March 31, 2018, and will be fulfilled following the awarding of the Prizes. For a copy of the Official Rules, send a self-addressed stamped envelope to Dyson, Inc., 600 W Chicago Ave, Suite 275, Chicago, IL 60654. Vermont residents may omit return postage.mit return postage.