Loving Every Curl Sweepstakes Official Rules

Nourish and Shine® Loving Every Curl Sweepstakes

 

Official Rules


NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

 

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED.  VOID WHERE PROHIBITED BY LAW.  AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

 

ENTRY VIA NOURISHANDSHINE.COM ONLY AND INTERNET CONNECTION REQUIRED.   

 

NOTE TO ALL MINOR ENTRANTS:  YOU MUST ASK YOUR PARENT OR LEGAL GUARDIAN FOR PERMISSION AND HELP TO ENTER.  EACH WINNER’S PARENT/LEGAL GUARDIAN WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND REQUIRED TO EXECUTE THE PRIZE ACCEPTANCE DOCUMENTS OR THE PRIZE MAY BE FORFEITED.

 

BY ENTERING (OR OTHERWISE PARTICIPATING IN) THE SWEEPSTAKES, ENTRANTS (AND AN ENTRANT’S PARENT OR LEGAL GUARDIAN ON HIS/HER BEHALF IN THE CASE OF A MINOR ENTRANT) AGREE TO THESE OFFICIAL RULES, WHICH ARE A BINDING CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING.  WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.


  1. Eligibility. The Nourish and Shine® Loving Every Curl Sweepstakes (the “Sweepstakes”) is sponsored by JCS Beauty Holdings, LLC (“Sponsor”) and is open only to individuals (not groups) who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia and who are at least eighteen (18) years of age at the time of entry.  Employees, officers and directors of JCS Beauty Holdings, LLC, its associated and parent entities, including Quality King Distributors, Inc., and each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies and other prize suppliers (collectively, the “Sweepstakes Entities”), and each of such employees’, officers’ and directors’ immediate family members and/or those living in the same household (whether legally related or not) of each, are not eligible to enter the Sweepstakes or win a prize.  For purposes of this Sweepstakes, immediate family members are defined as spouse, partner, parents, legal guardians, in-laws, grandparents, siblings, children and grandchildren and those living in the same household shall mean people who share the same residence at least three (3) months a year, whether legally related or not.  Void where prohibited by law.  By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these “Official Rules” and the decisions of Sponsor, including the interpretation of these Official Rules and its exercise of discretion, which will be final and binding in all respects.  Each minor entrant’s parent or legal guardian agrees to be bound by these Official Rules both individually and on behalf of the entrant.

 

  1. Entry Period. The Sweepstakes begins on or about 9:00 a.m. Eastern Time (“EST”) on Thursday, February 3, 2022 and runs through Wednesday, February 9, 2022 through 11:59 p.m. EST (the “Sweepstakes Entry Period”). 

 

  1. How to Enter. There is One (1) method of entry for this Sweepstakes, as follows:  

 

(i)            Website Form Method of Entry.  To participate and enter this Sweepstakes via Sponsor’s website entry form, located at NourishandShine.com, individuals will need a device or access to a device (e.g., mobile phone, tablet or computer) that can access the Internet.  To enter, during the Entry Period, follow the call-to-action provided for the Sweepstakes on NourishandShine.com on how to enter.  The call-to-action for this Sweepstakes will require entrants to complete the entry form that is hosted on NourishandShine.com, requiring the entrant to submit first and last name, as well as a valid e-mail address for prize notification, if the entrant is chosen as a winner.  Additionally, entrants may opt-in to receiving text message prize notification, but providing a mobile/cell number and agreeing to text messaging from Sponsor is not a requirement for prize selection or for valid entry to the Sweepstakes.  Sponsor may not receive entries that fail to strictly follow the posting instructions set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  Entries not received by Sponsor will not be entered into the Sweepstakes.  Entries must be submitted by 11:59 PM EST on February 9, 2022 for entry into the Sweepstakes pool. 

Multiple entries per entrant are NOT permitted.  Sponsor may not receive entries that fail to strictly follow the call-to-action set forth in these Official Rules and Sponsor is not responsible for failure to see or receive an entry.  In the event of a dispute concerning who submitted an entry, the entry will be declared to have been made by the registered email account holder of the email address submitted for the potentially winning entrant, but only if that person meets all other eligibility criteria or if that person is the approving parent or legal guardian of a minor participant who meets all of the eligibility criteria.  A registered “account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.  Potential winners may be required to provide Sponsor with proof that he/she/they is the registered account holder for the email address associated with the account for the potentially winning entry.  If a dispute cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible.  Any damage made to any website will be the responsibility of the registered account holder of the email address for the account submitted at the time of entry. Sponsor may run multiple campaigns, contests, sweepstakes or other promotions simultaneously.  Entry into one (1) campaign, contest or sweepstakes does not constitute entry into any other and with respect to this Sweepstakes.  Minor entrants must obtain their parent or legal guardian’s permission prior to entering.

 

MOBILE DISCLOSURE: If you opt to receive Sponsor’s messages, including any prize notification or other Sweepstakes-related messages, via text message to your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter), standard text messaging rates will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier.  Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance.  Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes.  Participation in this Sweepstakes by mobile phone and text message means that you understand that you may receive additional text messages from Sponsor relating to this Sweepstakes, including to notify you if you are a potential winner in this Sweepstakes, which will be subject to the charges pursuant to your carrier’s rate plan.  Text messaging may not be available from all mobile phone service carriers and handset models.  Cell phone service may not be available in all areas.  Check your phone’s capabilities for specific instructions.

 

  1. Intellectual Property.

Each entrant, by participating in the Sweepstakes, 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.  Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor.  Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Sweepstakes.

  1. Representations, Warranties and Indemnity. Each entrant represents and warrants that he, she or they has read, understands and will follow the Official Rules.  Entrants further represent and warrant that their submission and all materials and matter therein: (a) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (b) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (c) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof.  Each entrant further represents and warrants that he, she or they has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she/they has not previously granted, assigned or otherwise hypothecated his/her/their submission or any images, text and materials depicted therein to any other third party.   Further, each entrant represents and warrants that Sponsor’s use of any submission or any images, text and materials depicted therein shall not violate an agreement to which such entrant is a party.  Entrants agree to indemnify and hold the Released Parties (defined below) harmless from and against any third party claim, to the extent arising out of or relating to any breach of any representation, warranty or covenant made by such entrant in connection with his, her or their acceptance of these Official Rules or Sweepstakes activities.

  2. Selection of Winner and Prize Claiming. There will be One (1) winner(s) selected in this Sweepstakes.

 

The potential winner will be selected through a random drawing from all entries received during the Entry Period and announced within one week of the end of the Entry Period about or by February 16, 2022, 11:59 PM EST.  At the close of the Entry Period, a winner will be selected at random from all qualifying entries submitted by 11:59 PM EST on February 9, 2022.  The potential winner will be notified as described below within a commercially reasonable time after the drawing.  The potential winner will be contacted by Sponsor through either an email message to the account email address submitted through the Call-to-Action for Sweepstakes entry, or to the mobile phone as a text message (if entrant elects to receive text messaging) and will also be announced on the Nourish and Shine Social Media Accounts (Facebook and Instagram platforms).  Notification is deemed to have occurred immediately upon the messages being sent to the potential winner.  The Sweepstakes Entities are not responsible for failure of a potential winner to contact Sponsor after being notified he/she/they is a potential winner.  It is the potential winner’s responsibility to set his, her or their email or mobile text account settings to accept contacts by Sponsor and to timely check his/her/their account for any messages.  Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners.  Decisions of the Sponsor as to the selection of the winner will be final.  Failure to claim a Prize within Forty-Eight (48) hours after receiving notification will be deemed a relinquishment of the prize and Sponsor can select a new winner from the applicable Entry Period qualifying entries and begin the notification process anew.

 

The potential winner may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his, her or their prize.  If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected.  Non-compliance shall result in disqualification and award of the prize to an alternate winner.  Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prizes.  If a potential prize winner is found to be ineligible, or if he, she or they has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines the prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected.  If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the prize set forth in these Official Rules, the winner, or alternate winner, as the case may be, of the advertised prize available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes.  Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.  The Sweepstakes Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winner, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.

 

  1. Odds. Odds of winning will depend upon the total number of eligible entries received.

 

  1. Prizes and Values. The winner of this Sweepstakes will receive One (1) Nourish and Shine® Loving Every Curl Prize Pack Bundle which contains one of each of the following Nourish and Shine Products: Curl Defining Cream, Incredible Curls Cream, Liquid Gel Curl Primer, Foaming Curl Primer, Restorative Butter, and Revitalizing Leave-In Conditioner.  The Nourish and Shine® Loving Every Curl Prize Pack Bundle has an approximate retail value of Eighty-Three Dollars and Ninety-Four Cents (ARV MSRP $83.94 USD).  Sponsor is not responsible for and a winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.  Prizes are non-transferable, with no cash redemptions, equivalents or substitutions, except at Sponsor’s sole and absolute discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with his/her prizes, the Sponsor may elect, to provide winner with the approximate value of such item in cash or award an alternate prize of comparable or greater value.  All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The ARV of the prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winner may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which she/he/they resides, in the name of his/her/their parent or legal guardian, for the actual value of the prize received.  Unclaimed prize will be forfeited.  Prize, if legitimately claimed, will be awarded.  Prize, if shipped, will only be mailed to the verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole and absolute discretion.  Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize or any prize that is undeliverable or does not reach a winner because of an incorrect or changed address.  If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.  No more than the stated number of prizes will be awarded.  The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.  The total ARV of the prize awarded in this Sweepstakes is: Eighty-Three Dollars and Ninety-Four Cents (ARV MSRP $83.94 USD).

 

  1. Publicity Release. Subject to applicable law, winner irrevocably grants to the Sweepstakes Entities and each of their licensees, and its and their successors, assigns and sub-licensees, the right and permission to use his/her/their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Sweepstakes, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prizes to the winners.  Entrants agree not to issue any publicity concerning the Sweepstakes Entities.

 

  1. Tampering with Sweepstakes. The Sweepstakes Entities are not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Persons found tampering with or abusing any aspect of this Sweepstakes, or whom Sponsor believes to be causing malfunction, error, disruption or damage may be disqualified.  Additionally, any attempt to cheat the Sweepstakes, as determined at the sole and absolute discretion of Sponsor, may result in immediate disqualification of the entrant, as well as other possible consequences, including disqualification from any and all existing and future sweepstakes.  ANY ATTEMPT BY A PERSON TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK ALL LEGAL AND EQUITABLE REMEDIES FROM AND AGAINST ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.  Sponsor reserves the right, at its sole and absolute discretion, to disqualify (or terminate the prize of) any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.  If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted on social media via a Sponsor update and/or on the site(s) where these Official Rules have been posted.

 

  1. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes or prize.  Sponsor additionally reserves the right, in its sole and absolute discretion: (a) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (b) to disqualify any entrant found to be, or suspected of: (i) tampering with the entry process or the operation of the Sweepstakes; (ii) acting in violation of these Official Rules; or (iii) acting in an un-sportsmanlike manner.

 

  1. Waivers, Disclaimers and Releases. By participating in the Sweepstakes, entrants agree to release, discharge and hold harmless the Sweepstakes Entities, and each of their respective directors, officers, employees, agents, successors and assigns (“Released Parties”) from and against any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize).  Without limiting the generality of the foregoing, entrants agree that the Released Parties: (a) have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (b) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Sweepstakes; and (c) will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (i) by the wrongful, negligent or unauthorized act or omission on the part of the Suppliers or any of their agents, servants, employees or independent contractors, (ii) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (iii) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties, and (iv) by any cause, condition or event whatsoever beyond the control of the Released Parties.  Entrants agree and that the Released Parties shall have no responsibility or liability for discontinued prizes; human error; incorrect or inaccurate transcription of registration and/or account information; any technical malfunctions of the telephone network, computer online system, computer dating mechanism, computer equipment, software, or Internet service provider utilized by Sponsor; interruption or inability to access the Released Parties’ respective websites, or any online service via the Internet due to hardware or software compatibility problems; any damage to participant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes; any lost/delayed data transmissions, omissions, interruptions, viruses, bugs, defects; errors, typos or misprints in these Official Rules, in any Sweepstakes-related advertisements or other material and/or any other errors or malfunctions, even if caused by the negligence of the Released Parties.  Each entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against the Released Parties and hereby acknowledge that the Released 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 a prize, including express warranties provided exclusively by a Supplier that may be sent along with a prize.  Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes.  Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived.  Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”  The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.

 

  1. Entry Information and Sweepstakes Communications. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrants provide to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.

 

  1. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of New York, 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.

 

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 

  1. Dispute Resolution. The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in New York County, New York and any other court with jurisdiction over the parties.  In arbitration, there is no judge or jury and review is limited.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to entrant’s residence); provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in New York County, New York.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

 

  1. List of Sweepstakes Winners/Official Rules Requests. To receive the names of the winners, send a stamped self-addressed envelope to: “Nourish and Shine’s Loving Every Curl Winners List”, c/o JCS Beauty Holdings, LLC, 630 Third Avenue, Suite 602, New York, NY 10017.   Please indicate which Sweepstakes winners list you are requesting by referencing the name of the Sweepstakes in your request.  For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Nourish and Shine Living Every Curl Sweepstakes Official Rules”, c/o JCS Beauty Holdings, LLC, 630 Third Avenue, Suite 602, New York, NY 10017 prior to the end of the Entry Period.  Please indicate which Sweepstakes Official Rules you are requesting by referencing the name of the Sweepstakes in your request.  Vermont residents may omit return postage with Official Rules requests.

 

  1. Miscellaneous. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on and website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.  

 

  1. Sponsor. This Sweepstakes is Sponsored by JCS Beauty Holdings, LLC (Nourish and Shine Brand), 630 Third Avenue, New York, New York 10017.  Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, Sponsorship or affiliation with Sponsor or the Sweepstakes. 

//End of Official Rules//