A. SPONSOR
Xtreme Lashes, LLC. 24127 W. Hardy Road, Suite C, Spring TX 77373
B. ELIGIBILITY
Open only to legal residents of the 50 United States (including the District of Columbia)
18 years of age or older at the time of entry, who have also successfully completed a Training
Program conducted by the Sponsor and received a passing evaluation score, and whose customer
accounts are in good standing with the Sponsor.. Consumers who have not successfully completed
a Sponsor conducted Training Program are not eligible. International Franchisees, Employees,
independent contractors (including those currently acting in the capacity of Certified Trainer
for the Sponsor), interns, officers, directors, agents and representatives of Sponsor and its
respective distributors, sales representatives, suppliers, wholesalers, and anyone connected
with the production and distribution of this Contest and their immediate families (mother, father,
sister, brother, child, husband or wife, and their respective spouses, regardless of where they
reside), and those living in the same household of any such individuals, whether or not related
are ineligible.
Sponsor will give away two (2) identical prizes. One prize will be awarded to the account holder
with more than one qualified Lash Stylist (Multi-Stylist accounts) that purchases the most Product
during the contest period. The other prize will be awarded to the account holder with one qualified
Lash Stylist (Individual Account) that purchases the most Product during the contest period. ANY
RETURNS OR EXCHANGES OF THE PRODUCT BETWEEN JULY 6, 2010 AND SEPTEMBER 1, 2010 WILL BE DEDUCTED
FROM THE PURCHASE TOTAL FOR THE PURPOSE OF THIS CONTEST.
Chain salon account holders (for the purpose of this Contest, a chain salon is a business
establishment with 3 or more locations) are ineligible.
Void where prohibited by law. Participation constitutes account holder’s full and unconditional
agreement to these Official Rules and the Sponsor’s decisions, which are final and binding in all
matters related to the Contest. In order to win the Grand Prize, all requirements must be met. This
Contest is subject to all applicable federal, state and local laws and regulations.
C. TIMING
The Contest begins at 12:00 AM Tuesday, July 6, 2010 Central Time (“CST”) and orders for the Product
will count towards the Contest totals through 11:59 PM on Tuesday, August 3rd, 2010 CST (the “Contest period”).
Product Orders totals (minus returns and/or exchanges of the Product) will be tabulated by Sponsor on
September 1, 2010. The prize will be shipped via FedEx® Ground to each winning account holder on Tuesday,
September 7th, 2010. Sponsor’s computer is the official time-keeping device for the Contest.
D. HOW TO ENTER
Account holder(s) must place purchase orders for the Product via the desired customer account by
logging into their accounts online or via phone contact with Sponsor’s Customer Service Team during
the Contest period. In the event of a dispute as to the identity of an account holder, the prize
will be awarded to the person identified in the “Billing Address” section of the winning customer
account. In the case of the Multi-Stylist account holder, the person identified in the billing address
has the discretion to decide what to do with the prize; however, Sponsor strongly encourages distribution
of the prize to the Lash Stylist on the account who has sold the most units of the Product at the time
of the receipt of the prize, provided such individual is eligible according to these Official Rules.
Orders must be completed, meaning Product must be paid for and accepted, to count towards the total
number of Product(s) purchased. Sponsor is not responsible for late, lost, stolen, incomplete, misdirected,
delayed, garbled, inaccurate, or undelivered orders, or for telephonic, human or computer failures,
problems or errors, interruptions in service due to system upgrades, repairs, modifications or other
causes, failures or malfunctions of connections, satellite, network, cable, Internet Service Provider
(ISP), phones, phone lines or telephone systems, traffic congestion on the internet, technical or
mechanical malfunctions, or other malfunctions or errors, whether caused by equipment, programming,
human error or otherwise relating to or in connection with the Contest, including, without limitation,
errors which may occur in connection with the administration of the Contest, the processing of orders
or the announcement of the prizes; or for any injury or damage to participant's or any other person's
computer relating to or resulting from participation in this Contest, or for printing, typographical,
human or other errors appearing in these Official Rules or other Contest-related materials. Sponsor
reserves the right, in its sole discretion, to void any orders of entrants whom Sponsor believes have
attempted to tamper with or impair the administration, security, fairness or proper play of this Contest
or is in violation of these Official Rules.
Information collected will be used in accordance with the Sponsor's privacy policy: Sponsor respects
the privacy of Contest entrants and values their trust. Sponsor will not sell any information about Contest
entrants to any third party, although each entrant must agree to the Publicity Policy in Section H of these
Rules. Sponsor will use information submitted in Product orders to determine the eligibility of the entrants
and the Contest Winners.
E. WINNER SELECTION AND VERIFICATION
Two (2) GRAND PRIZE Winners will be selected, the Multi-Stylist account holder and Individual Stylist
account holder that have purchased the most units of the qualified Product during the Contest period
(minus returns of Product or exchanges of Product through September 1, 2010) . The Winner(s) will be
selected when all of the Contest entries have been tabulated and all Product purchases from each customer
account have been electronically counted and verified.
The Winners will be notified by telephone and/or email using the contact information provided on their
customer accounts and may be required to complete an affidavit of eligibility. Sponsor shall have no liability
for any winner notification that is lost, intercepted or not received by the Winners for any reason. For
example, Sponsor is not responsible if a potential prize winner does not receive his or her Winner notification
or corresponding prize because a fraudulent or bogus e-mail address or other inaccurate contact information
was provided at the time of Product order placement or if the e-mail sent to a Winner is misdirected or bounces
back or is intercepted by SPAM or other e-mail filters. If, despite reasonable efforts, a Winner does not
respond within seven (7) business days of the first 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 or
her prize and an alternate Winner may be selected. Sponsor will successively attempt to contact up to two (2)
potential Winners of prize in accordance with such procedure, and if there is still no confirmed Winner of the
prize in question after such attempts have been made, the applicable prize may go un-awarded. If any potential
Winner is found to be ineligible, or if he or 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 Winner may be selected.
Confirmed Winners must allow two to four (2-4) weeks after the conclusion of the Contest period for their prize
to be delivered. Winners shall be solely responsible for all federal, state and/or local taxes, and the reporting
consequences thereof, and for any other fees, costs and expenses related to acceptance and use of prize.
Qualified Product will include the individual Black Pearl GlideLiners as well as other Black Pearl GlideLiners
that are contained in the filled GlideLiner Display and the GlideLiner Design Kit. Since the filled GlideLiner
Display contains seven (7) Black Pearl GlideLiners, the purchase of this item will count as a purchase of seven
(7) Black Pearl GlideLiners.
F. PRIZE
ONE GRAND PRIZE for each Winner: One (1) custom made genuine Akoya black pearl necklace and one (1) pair of
custom made, genuine Akoya black pearl earrings manufactured by Banks International Jewelry, Inc.
Estimated value $350.
Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole
discretion. Sponsor reserves the right to substitute the prize for one of equal or lesser value if the designated
prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with
prize receipt and/or use. Odds of winning the prize depend on the number of eligible Product Purchases received
during the Contest period.
G. PUBLICITY
Except where prohibited, participation in the Contest constitutes winner's consent to Sponsor's and its agents'
use of winner's name, likeness, photograph, opinions and/or hometown and state (or province) for Contest purposes
in any media, worldwide, without further payment or consideration.
H. GENERAL RELEASE AND FORCE MAJEURE
It is each entrant’s responsibility to ensure that he/she has complied with the conditions contained in these
Official Rules, and each person who enters the Contest does so at their own risk. Entrants agree that the Sponsor
and Banks International Jewelry, Inc. shall not be responsible or liable for any losses, damages or injuries of
any kind resulting from participation in the Contest, or from entrants’ acceptance, receipt, possession and/or
use or misuse of any prize. Sponsor assumes no responsibility for any damage to an entrant’s computer system which
is occasioned by accessing the Sponsor site or for any computer system, phone line, hardware, software or program
malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or
technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete,
illegible, misdirected, misprinted, late, lost, damaged or stolen Product orders or prize notifications; or for
lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites,
or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer,
telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of
any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
A potential Winner may be requested to provide the Sponsor with proof that the potential Winner is the authorized
account holder of the Customer ID associated with the winning account. If a dispute cannot be resolved to Sponsor's
satisfaction, the Winner will be deemed ineligible. Sponsor reserves the right, without prior notice and at any time,
to modify, extend, suspend, or terminate the Contest for any reason if Sponsor determines, in its sole discretion,
that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions
or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity,
administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event Sponsor
is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control,
including but not limited to fire, flood, natural or man made epidemic of health of other means, earthquake, explosion,
labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist
threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation,
public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control
(each a “Force Majeure” event or occurrence), then Sponsor shall have the right to modify, suspend, or terminate
the Contest. If the Contest is terminated, in whole or in part, before the designated end date, Sponsor will select
Winner based on all eligible Product Orders received as of the date of the event giving rise to the termination. Only
the type and quantity of prizes described in these Official Rules will be awarded, and inclusion in such Contest shall
be each entrant's sole and exclusive remedy under such circumstances. Any prizes that are not duly claimed in accordance
with these Official Rules will not be awarded. By participating in the Contest and redeeming a prize, the Winner hereby
releases and agrees to hold the Sponsor and Banks International Jewelry, Inc. harmless from and against any and all
costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole
or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or the receipt,
use or misuse of any prize. The invalidity or unenforceability of any provision of these rules shall not affect the
validity or enforceability of any other provision. In the event that any provision is determined to be invalid or
otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance
with their terms as if the invalid or illegal provision were not contained herein.
I. Governing Law
All issues and questions concerning the construction, validity, interpretation and enforceability of these official
rules or the rights and obligations of the participant or Sponsor in connection with the Contest shall be governed
by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law or
conflict of law rules or provisions that would cause the application of any other State’s laws. Any dispute arising
under this Agreement shall be settled by arbitration in the State of Texas in accord with such procedures as may be
acceptable to the parties.
J. ANNOUNCEMENT OF WINNER
The Contest Winner will be announced via Sponsor’s monthly Newsletter and website thirty (30) days after the
end of the Contest period. To be notified in writing of the Name, City and State of the Winner or for a copy of
these Official Rules, send a self-addressed, stamped envelope to: Marketing and PR, c/o Xtreme Lashes, LLC, 24127
W. Hardy Road, Suite C, Spring, TX 77373.
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