How To Enter: Beginning 9/30/2009 at 12:00:00 AM (ET) through 10/30/2009 at 11:59:59 PM (ET) ("Promotion Period"), visit http://newsletter.nexxus.com ("Web Site") and follow the on-screen instructions and link to complete and submit the Nexxus Just In Time For Fall Sweepstakes ("Promotion") entry form. Limit one (1) email per person for the Promotion. Entries that are forged, altered, garbled, or generated using a macro, robotic, script or other forms of automatic entry will be disqualified. Entries made by any other individual or any entity, and/or originating at any other web site, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Promotion. Entries become the property of Alberto-Culver USA, Inc. ("Sponsor") and will not be returned or acknowledged. Entries must be received by Sponsor during the Promotion Period. The Web Site's database clock will be the official timekeeper for this Promotion. For purposes of this Promotion, an entry is "received" when the Web Site's servers record the entry information. Proof of submission (such as an automated computer receipt confirming entry or "thanks for entering" screen or message) does not constitute proof of receipt by Sponsor for purposes of obtaining an entry in this Promotion. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor will be disqualified.
- ELIGIBILITY: Open to legal residents of any one (1) of the fifty (50) United States and the District of Columbia who are at least 21 years old at time of entry. Void where prohibited. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) are not eligible to enter or win. For the purpose of this Promotion, "members of their immediate family" are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
- Winner Selection AND ODDS: One (1) winner will be selected on or about three (3) business days after the end of the Promotion Period from among all eligible entries received during the Promotion Period. Drawing will be conducted by representatives chosen in Sponsor's sole discretion, and whose decisions are final. Odds of winning will depend on the total number of eligible entries received.
- Prize, Approximate Retail Value ("ARV") AND NOTIFICATION: One (1) winner will receive one (1) Michelle watch, one (1) bottle of Nexxus Dualiste Volume Shampoo (11oz.), one (1) bottle of Nexxus Dualiste Volume Conditioner (11oz), one (1) can of Nexxus Comb Thru hairspray (10oz.), and one (1) can of Nexxus Mousse Plus (10.6oz). Approximate Retail Value of the prize: $552.69. All prize details not specified herein will be determined in Sponsor's sole discretion. Winner will be notified that he/she may have won a prize in this Promotion (subject to Sponsor's verification procedures and requirement to comply with these Official Rules) via phone, e-mail or postal mail, at Sponsor's discretion, on or about 10/30/2009. Winner may be required to complete, sign, return and have notarized an Affidavit of Eligibility, a Liability Release, where legally permissible a Publicity Release, and tax forms, which may require winner to provide his or her Social Security Number, within seven (7) days following the date of first attempted notification. If potential winner does not respond according to the instructions contained in the notification, the prize may be forfeited and an alternate winner selected in Sponsor's sole discretion. The Affidavit of Eligibility, Liability Release, Publicity Release and tax forms are subject to verification by Sponsor. If any prize, prize notification or Promotion-related communication is rejected, faulty or returned as undeliverable or if potential winner cannot be reached after a reasonable attempt has been made by Sponsor (as determined by Sponsor in its sole discretion), such potential winner may be disqualified and an alternate winner may be randomly selected.
- CONDITIONS OF PARTICIPATION: Entrants must have a valid e-mail address and it is entrant's responsibility to update Sponsor of any change in e-mail address. Promotion Entities (defined below) are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant's e-mail account to receive email messages. Promotion Entities are not responsible, and may disqualify any entrant, if entrant's e-mail address is not functioning or if it is changed without prior written notice to Sponsor. All expenses not specifically included in prize description as being provided as part of the prize and all taxes are the sole responsibility of the winner. No transfer, assignment, cash redemption or substitution of a prize permitted, except in Sponsor's sole discretion. Sponsor reserves the right to substitute the prize or portion thereof for an item of equal or greater value for any reason, including, without limitation, in the event the prize or portion thereof becomes unavailable. If legitimately claimed, the prize will be awarded. Sponsor will not replace any lost, mutilated or stolen prize or portion thereof. If 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 prize will be awarded. All federal, state and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Promotion. Acceptance of the prize constitutes permission for Sponsor and its promotion and advertising agencies to use winner's name and/or likeness, voice, picture, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes throughout the world in any media without additional compensation, notice, review or approval, unless prohibited by law. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
- LIMITATION OF LIABILITY: By ENTERING THE PROMOTION, EACH ENTRANT agrees to RELEASE, hold HARMLESS AND INDEMNIFY Sponsor, its advertising and promotion agencies and EACH OF their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and employees (collectively "PROMOTION Entities") for any LIABILITY WHATSOEVER FOR injury or damage OF ANY KIND SUSTAINED, caused or claimed to be caused IN CONNECTION WITH participation in, PREPARING FOR, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR PROMOTION-RELATED ACTIVITY or acceptance, POSSESSION, AWARDING, MISUSE or use of the prize, including, without limitation, any injury, damage, death, loss, OR accident to person or property. The winner agrees that the prize is awarded "as is" with no warranty, representation or guarantee, either express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use and enjoyment of the prize, including, without limitation, its quality, merchantability or fitness for a particular purpose. EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS: "CERTAIN CLAIMS NOT AFFECTED BY A GENRAL RELEASE. 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."
- GENERAL RULES: Promotion Entities are not responsible or liable for any of the following, whether caused by a Promotion Entity, the entrant or by human error: electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission; theft or destruction or unauthorized access to or alterations of entry materials; technical, network, mechanical, telephone equipment, electronic, computer, hardware or software failures, malfunctions or limitations of any kind; inaccurate transmissions of or failure to receive entry information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; any lost, late, incomplete, illegible, mutilated, or misdirected entries, e-mail, mail, or Promotion-related correspondence or postage-due mail; viruses; interrupted or unavailable cable or satellite systems; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sponsor is not responsible for any printing, typographical, mechanical or other error in these Official Rules, any Promotion-related advertisements or other materials, the printing of the offer, administration of the Promotion or in the announcement of the prize. Promotion Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Promotion Entities' sole control. If for any reason the Promotion is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Promotion. Sponsor reserves the right to select winner from eligible entries received as of the termination date in its sole discretion. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may disqualify and prohibit an entrant from participating in a Promotion if it determines that said entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is a discrepancy or inconsistency between or among disclosures or other statements contained in any Promotion-related materials or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), the discrepancy will be resolved in Sponsor's sole discretion. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified potential winner's name may have been shown or announced on the Web Site or elsewhere. Any person who supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. If there is a dispute as to the identity of an entrant, the prize will be awarded to the authorized account holder of the email address submitted in the entry form, but only if that person meets all other eligibility criteria. The "authorized account holder" is defined as the natural person to whom the email address is assigned by an internet service 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 winner may be requested to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor's satisfaction, the entry will be deemed ineligible. Caution: Any attempt by an ENTRANT to damage any Web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such ENTRANT to the fullest extent of the law.
- DISPUTES/CHOICE OF LAW: Except where prohibited, as a condition of participating in this Promotion, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Promotion Entity, claims and causes of action arising out of or connected with this Promotion, or the prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and entrant further waives all rights to have damages multiplied or increased.
- OFFICIAL RULES: For a copy of these Official Rules, print out these pages or send a self-addressed, stamped envelope prior to the end of the Promotion Period to Alberto Culver, 2525 Armitage Avenue, Melrose Park, IL 60160, Attn: Nexxus online promotion. Vermont residents may omit return postage with Official Rules requests.
- WINNER'S LIST. For a list of winners, send a self-addressed, stamped envelope to: Alberto Culver, 2525 Armitage Avenue, Melrose Park, IL 60160, Attn: Nexxus online promotion. Requests must be received no later than six (6) months following the close of the Sweepstakes.
- SPONSOR: The Sponsor of this Promotion is Alberto-Culver USA, Inc., 2525 Armitage Avenue, Melrose Park, IL 60160.
This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Illinois, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Cook County, Chicago, Illinois, and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Promotion.