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Mally Beauty 100,000 Facebook Fan Sweepstakes

OFFICIAL RULES

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

1. Entry Period: The 100,000 Facebook Fan Sweepstakes (the "Sweepstakes") entry period begins at 10 AM EST on 2/7/14 and ends at 11:59 PM EST on 2/21/14 (the "Entry Period”). All entries must be received during the Entry Period to be eligible. Eastern Standard Time shall control for all purposes of this Sweepstakes. Mallygirl, LLC (“Mally Beauty”) shall be the official timekeeper for the Sweepstakes. The Sweepstakes is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited or restricted by law or regulations.

2. Eligibility: The Sweepstakes is open only to legal residents of the United States who are 18 years of age or older at the time of entry (“Entrants”).  Proof of residency and age may be required. Employees of Mally Beauty, Facebook, Inc. and their respective subsidiaries, divisions, affiliates, advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. In order to enter the Sweepstakes or receive a prize, Entrants must fully comply with the Official Rules and, by entering, Entrants represent and warrant that they agree to be bound by these Official Rules and the decisions of the Mally Beauty, whose decisions shall be binding and final in all respects relating to this Sweepstakes.

3. How to enter: To enter the Sweepstakes during the Entry Period, go to the Mally Beauty Facebook page during the Entry Period and click on the 100,000 Mallynistas Facebook tab (https://www.facebook.com/mallybeauty/app_19955724690648) with your name, address, age and what being a Mallynista means to you.  You must also agree to Facebook’s Terms of Use and Privacy Policy.

There is a limit of one (1) entry per Entrant. Mally Beauty reserves the right, in its sole discretion, to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules.  Use of script, macro or any device to participate is prohibited. Entries by the same person in excess of the entry limits will be disqualified. All submissions become the property of Mally Beauty upon receipt and will not be acknowledged or returned. By submitting an entry, Entrant agrees to the grant of rights set forth below and to have his/her entry posted on the Internet. Any attempt by any Entrant to enter by using multiple/different social media accounts, identities or any other method will void that person’s entries and he/she may be disqualified from further participation in the Sweepstakes.

4. Selection of Winners:  The first 1,000 Entrants (Winners”) will each receive the prize described below and 3 grand prize winners (“Grand Prize Winners”), who will each receive the Grand Prize described below, will be selected in a random drawing conducted on or about 2/28/14 from among all Entrants. Winners will be subject to verification of eligibility and compliance with these Official Rules, in Mally Beauty’s sole discretion. By entering this Sweepstakes, Entrants acknowledge and agree that the Mally Beauty’s decisions are final in all matters relating to this Sweepstakes. Odds of winning depend on the nature, quality and number of eligible entries received.

5. Prizes:   Each Winner will receive a Mally Beauty 5-piece Mini Starlight Eyeliner Collection, having an approximate retail value (“ARV”) of $30.00.  The Grand Price Winners will each receive the Merry Mally Mega Kit, having an ARV of $750.00.  These items will be mailed as soon as the Winners’ and Grand Prized Winners’ mailing address are verified, but not later than two (2) weeks after selection and notification.

No transfer, refund, cash redemption, substitution, cash equivalent or replacement of prize permitted by winner, except that Mally Beauty reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). In the event the ARV of a prize is different from the actual retail value of that prize, the difference will not be awarded in cash. Prizewinners are solely responsible for the reporting and payment of all applicable federal, state, and local taxes (if applicable) associated with the receipt of any prize. Any portion of the prize not accepted or unclaimed and/or unused by any winner will be forfeited and will not be substituted. In no event, will more than the stated number of prizes be awarded.

6. Winner Notification: The Winners and Grand Prize Winners will be notified via email from Mally Beauty within approximately one week after the Entry Period.    Mally Beauty shall have no liability for any winner notification that is lost, intercepted or not received by potential winner for any reason. In Mally Beauty's sole discretion, a selected potential winner may be disqualified and required to forfeit the prize, and an alternate potential winner may be selected in accordance with these Official Rules from among the remaining eligible Entrants if selected potential winner: (a) cannot be reached for whatever reason after a reasonable effort has been exerted; (b) declines or cannot accept, receive or use the prize for any reason; (c) is found to be ineligible to enter the Sweepstakes or receive the prize; or (d) cannot or does not comply with any provision of these Official Rules. Forfeited or unclaimed prizes may not be awarded. Mally Beauty is not obligated to contact potential winners in any other manner than otherwise mentioned in these Official Rules. Selected prize winners may be required to complete  (as directed by Mally Beauty) an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (the "Affidavit") for him/herself. If prizewinner does not comply with these requirements, in Mally Beauty's sole discretion, the prize may be forfeited and an alternate winner may be selected, in Mally Beauty’s sole discretion, in accordance with these Official Rules from among the remaining eligible Entrants. Mally Beauty reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any.

In the event of a dispute regarding the identity of an individual who actually submitted an online entry, the entry will be deemed submitted by the authorized account holder of the email account.  "Authorized account holder" is defined as the natural person who is assigned to an email account 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 show proof of being the authorized account holder.

7. Grant of Rights: Except where prohibited by law, by accepting a prize, winners agree and acknowledge that Mally Beauty and any of its designees may, without any limitation or further compensation, use winners’ full names, city and states of residence, photographs or other likenesses, entries, pictures, portraits, voices, testimonials, biographical information (in whole or in part), and/or statements made by winners regarding the Sweepstakes or Mally Beauty, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Mally Beauty, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, social media, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval (“Publicity Release”).

8. No Tampering, Right To Cancel, Modify: Mally Beauty shall not have any obligation or responsibility, including any responsibility to award any prize to entrance, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human, or technical error of any kind; (c) entries who have committed fraud or deception in entering or participating in this Sweepstakes or claiming the prize; (d) Internet, telephone, electronic, hardware, software, network or computer malfunctions, failures, or difficulties; (e) typographical, printing or other errors or omissions in these Official Rules, in any Sweepstakes-related advertisements or other materials, or other problems or errors of any kind whether computer, network, mechanical, human, electronic, typographical, printing or otherwise including, without limitation, errors or problems which may occur in connection with the administration of the Sweepstakes, in the processing of entries, in the selection or announcement of winners or in the awarding of prizes; (f) any inability of the winner to accept the prize for any reason; (g) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, whether, or any other similar event beyond Mally Beauty’s reasonable control; or (h) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Sweepstakes or accepting the prize.

If for any reason, this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, phone malfunctions, or any other causes beyond Mally Beauty’s control, which affects the proper conduct of the Sweepstakes, Mally Beauty reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes. In such event, Mally Beauty may, in its sole discretion, award prizes in a random drawing from all eligible entries received up to the date of cancellation or suspension. Mally Beauty also reserves the right to disqualify any individual who tampers with the entry process.

Mally Beauty further reserves the right to cancel or suspend part or all of this Sweepstakes if any associated social media platform changes its rules or guidelines during the course of the Sweepstakes so as to interfere with Mally Beauty’s intended conduct of this Sweepstakes.

PLEASE NOTE THAT ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE MALLY BEAUTY RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES AT LAW OR IN EQUITY FROM ANY SUCH PERSON(S) RESPONSIBLE TO THE FULLEST EXTENT PERMITTED BY LAW.

9. Release of Liability; Disclaimer of Warranty: By participating in the Sweepstakes, Entrants and each winner agrees to release and hold harmless Mally Beauty, Facebook, and each of their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur, in whole or in part, directly or indirectly, in connection with preparation for, or participation in, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to Entrants’ or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes. Entrants and winner acknowledge that Mally Beauty has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof, including, but not limited to, express warranties provided by the supplier of the prize(s) (or any component thereof) or their affiliates. 

10. Use of Data: All information submitted by Entrants will be treated according to Mally Beauty’s privacy policy and any social media platform’s privacy policy upon which Entrants’ information may be provided. By participating in the Sweepstakes and providing other personally or non-personally identifiable information, entrants hereby agree (a) to Mally Beauty’s collection and usage of their personal information and acknowledge that they have read and accepted Mally Beauty’s Privacy Policy and (b) Entrant is providing such information to Mally Beauty and not to any social media platform, including Facebook.  In the event of any inconsistency between the Terms of Use/Privacy Policy and these Official Rules, then these Official Rules shall control.

11. Disputes: Except where prohibited by law, by entering the Sweepstakes, Entrants agree that (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with entering the Sweepstakes but in no event attorneys' fees; and (c) under no circumstances will any Entrant be permitted to obtain any award for, and Entrant hereby waives all rights to claim punitive, exemplary, indirect, special, incidental or consequential damages, any other damages (whether due to negligence, strict liability, contract or otherwise), other than actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the Entrants and Mally Beauty or the Released Parties in connection with the Sweepstakes, shall be governed by, construed and enforced in accordance with the laws of the State of Maryland without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the Maryland. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state court located in Maryland, and Entrants hereby consent to the personal and exclusive jurisdiction of such courts with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules or Sweepstakes and waive any right of change of venue, forum non conveniens and any like right. Entrants hereby waive any right to a trial by jury, and both Mally Beauty and all Entrants hereby waive a trial by jury.  The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Mally Beauty's failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. The value of the prizes set forth above represents Mally Beauty's good faith determination of the ARV thereof and such determination is final and binding and cannot be appealed.

12. Winners List: To obtain a complete copy of the official Rules and Regulations or the names of the Winners, send a self-addressed, stamped envelope to 901 Dulaney Valley Road, Suite 902, Towson, Maryland 21204. Please specify whether you want a copy of the Rules and Regulations or the Winners’ names. VT residents may omit return postage.

13. Rules Requests: The Official Rules are available online at www.mallybeauty.com/100000-fans-rules

14. Mally Beauty Disclaimer: This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Facebook. Any and all questions, comments, or complaints regarding the Sweepstakes must be directed to Mally Beauty, not to Facebook. All third party trademarks referenced in the administration of this Sweepstakes are property of their respective owners. Mally Beauty’s use of such trademark(s) is solely to describe the sweepstakes process and not to suggest any affiliation or sponsorship.