Urban Skin Rx – My Shade Photo Filter
Terms and Conditions
Urban Skin Rx My Shade Photo Filter (the “Program”) begins July 1, 2016 at 12:00:00 PM Eastern Standard Time (“EST”). Participation in the Program is only open to the public, internationally, who are sixteen (16) years of age or older. Anyone under the age of majority in their state, (eighteen (18) in most states, nineteen (19) in Alabama and Nebraska, and twenty-one (21) in Mississippi) at the time of submission must also have the consent of one of his or her parents or legal guardian, and a parent or other legal guardian must agree to the enforceability of these Terms and Conditions. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Urban Skin Rx (“Sponsor) and their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to participate. By participating, Poster (“You” or “Your”) agrees to be bound by these Terms and Conditions and the decisions of the Sponsor, which are binding and final on matters relating to this Program.
- How to Participate
To create your own My Shade post (“Submission”), 1) visit myshadeis.dev (the “Website”); 2) complete the two (2) statements in the “No Shade but #MyShade is” section in regards to your complexion and/or skin tone; 3) upon completion of the statements, upload a photo from your desktop or mobile device. The chosen photo will become the background image for your statements; 4) upon uploading your Submission you will be able to share Submission via Facebook, Twitter or Email, or will be able to save your Submission to your device. The Sponsor will screen all submitted Posts and all approved Submissions will be published to the My Shade photo gallery on the Website. You may submit more than one (1) Submission but each Submission must be unique.By submitting a Submission, you hereby grant permission for the Submission to appear on Urban Skin Rx and its affiliates branded websites and social platforms. You agree that Released Parties (as defined below) are not responsible for any unauthorized use of Submission by third parties. Released Parties do not guarantee the posting of any Submission.
By submitting a Submission, you represent and warrant that the work submitted is original to you and that neither it nor its contents infringes upon or violates the rights of any third party. If your Submission includes likenesses of third parties or contains elements not owned by you (such as, but not limited to, company logos) you must be able to provide legal releases for such use in a form satisfactory to Sponsor or your Submission will not be posted to the gallery. Submissions may not defame or invade the publicity rights or privacy of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.
- Requirements of Submissions
Submissions may not contain, as determined by the Sponsor, in its sole discretion, any content that:
- Is sexually explicit; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
- Promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
- Is obscene or offensive; endorses any form of hate or hate group;
- Defames, misrepresents or contains disparaging remarks about other people or companies;
- Contains trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission or contains copyrighted materials owned by others (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media), without permission;
- Contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- Contains any individual other than the you and/or any materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without providing legal releases for such use in a form satisfactory to Sponsor;
- Contains look-alikes of celebrities or other public or private figures, living or dead;
- Communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
- Violates any law.
By submitting a Photo, you represent and warrant that your Photo is original to you, that the Photo has not been previously published, has not won previous awards and that neither it nor its contents infringes upon or violates the rights of any third party, including any copyrights, trademarks, rights of privacy, publicity or other intellectual property. By submitting a Photo, you warrant and represent that you consent to the submission and use of the Photo in the Program and to its use as otherwise set forth herein.
By submitting an Photo, you acknowledge and agree that Sponsor may receive other Entries under this Promotion that may be similar or identical to the Photo submitted by you, and you waive any and all claims you may have had, may have, and/or may have in the future, that any other Photo reviewed and/or used by Sponsor may be similar to your Photo and you understand that you will not be entitled to any compensation because of Sponsor’s use of such other similar or identical material.
- General Conditions
Released Parties (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, garbled, illegible submission; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Program, including, without limitation, errors or difficulties which may occur in connection with the administration of the Program and the processing of submission, Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Program or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Program or website or who are in violation of these Terms and Conditions, as solely determined by Sponsor, will be disqualified and all associated submissions will be void. Should any portion of the Program be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Submission, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Program. Posters, by participating, agree that Sponsor, Real Time Media, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in this Program. Each Poster, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval. In the event of a dispute regarding submissions received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
Except where prohibited by law, as a condition of participating in this Promotion, participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will participant be permitted to obtain awards for, and participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (i.e., costs associated with participating in this Promotion), and participant further waives all rights to have damages multiplied or increased.
- — USE OF DATA
You grant to Urban Skin Rx, affiliates and or related entities (collectively “Urban Skin Rx”) the right to use your social media handle, moniker, name and/or your photographs(s), upload, video, comment, testimonial, likeness and other submissions in addition to those you have tagged with #UrbanSkinRx or a Urban Skin Rx-campaign hashtag (“Your Post”) in perpetuity and for any brand marketing, advertising and promotional purposes, including but not limited to on urbanskinrx.com, in social media, on third party retail sites featuring Urban Skin Rx, print materials, in-store or digital advertising. Urban Skin Rx may use, reproduce, distribute, combine Your Post with other materials, alter and/or edit it in any manner in its sole discretion. You hereby represent and warrant that (i) you own all rights in and to your posts, (ii) you have permission from any person(s) appearing in Your Post to grant the rights herein, (iii) you are not a minor, (iv) Urban Skin Rx use of Your Post will not violate the rights of any third party or any law and, (v) if Your Post contains a testimonial you further agree that it is a true and accurate expression of your honest belief based on use of Urban Skin Rx products and that you have disclosed receipt of any free product or incentives in exchange for providing Your Post.
You hereby release, discharge and agree to hold Urban Skin Rx and any person acting on Urban Skin Rx’s behalf harmless from any liability related in any way with the use of your post.