Terms and Conditions
The following Terms and Conditions apply to all Contests/Giveaways/Promos run by the DOM Family and its brand companies and subsidiaries, inclusive, but not limited to: the DOM Family, évolur, Mia Moda and Dream On Me. All references to The DOM Family in the Terms and Conditions laid out below include The DOM Family and its brand companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the DOM Family through an outsourcer or temporary employment agency.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. Terms not defined in these Contest/Giveaway/Promo Terms and Conditions have the same meanings as in the Official Terms and Conditions of this Contest/Giveaway/Promo (where available) and of this website.
ELIGIBILITY:
Unless otherwise specified in a Contest/Giveaway/Promo, the following are ineligible to participate in the Contest:
(a) employees of The DOM Family and its brand companies, affiliates, subsidiaries, advertising, promotion, fulfillment or other coordinating agencies, individuals providing services to the DOM Family through an outsourcer or temporary employment agency during the Contest/Giveaway/Promo Period, and their respective immediate family and persons living in their same household (as the case may be)
(b) non-natural persons (including corporations and other business entities); and
(c) any person located outside of the USA
ENTRIES:
No mechanically reproduced mail-in entries are allowed and any use of robotic, automatic, programmed or the like entry methods will void all such entries by such methods. The DOM Family is not responsible for (i) late, lost, illegible, misdirected, damaged, incomplete, improperly submitted, undeliverable or otherwise irregular Contest/Giveaway/Promo entries; (ii) theft, destruction, unauthorized access to or alterations of entry materials; or (iii) phone, electrical, network, computer, hardware, software program or transmission malfunctions, failures or difficulties.
Any Contest/Giveaway/Promo entries (including any content therein) that are submitted, transmitted or otherwise made available to the DOM Family (via its website or otherwise) shall remain the sole and full responsibility of entrant. Accordingly, entrant represents and warrants to the DOM Family that any entry submitted in connection with the Contest/Giveaway/Promo:
(a) is true, accurate, current, complete and not misleading, fraudulent or deceptive;
(b) does not and will not violate any applicable state, federal or local laws (including regulations pertaining to sedition, obscenity or abuse);
(c) does not and will not violate the rights of any third party, including, without limitation, copyrights, trademark rights, patent, trade secret and/or any other intellectual property rights and any rights of publicity or rights of privacy;
(d) is not obscene, offensive, defamatory, and does not contain vulgar or profane language, as determined by the DOM Family; and
(e) will not subject the DOM Family to any form of liability or prejudice whatsoever.
Submission of an entry constitutes each entrant’s certification that the entry is entrant’s own original work. By submitting any entry, entrant hereby grants the DOM Family and its successors and assigns a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable (through multiple tiers) and transferable license to use, copy, transmit or otherwise distribute, perform, modify, create derivative works based upon, incorporate into other works, publicly perform and display the entry or any portion thereof, in or through any medium, whether now known or hereafter created in any manner without further compensation during or after the Contest/Giveaway/Promo Period. Nothing herein shall constitute an employment, joint venture, or partnership relationship between entrant and the DOM Family.
In the event of any dispute, an online Contest/Giveaway/Promo entry is deemed submitted by the registered internet or e-mail account holder associated with such entry. Telephone or facsimile entries are deemed submitted by the registered account holder of the associated telephone line. In all other cases, the Contest/Giveaway/Promo entry is deemed submitted by the name indicated thereon. Satisfactory proof of association shall be furnished to the DOM Family without fail.
Except where prohibited, by participating in the Contest/Giveaway/Promo and/or winning any prize, entrant consents to the use of his/her name, photo and/or likeness, biographical information, entry and statements attributed to entrant (if true) for advertising and promotional purposes, including without limitation, inclusion in the DOM Family’s newsletters and the DOM Family’s web domains, without additional compensation. See the section on “Personal Information”. All entries become property of the DOM Family and none will be acknowledged or returned.
PRIZES:
The odds of winning a prize depend on the total number of eligible entries received. No cash or other substitution of prizes is permitted, except at the sole option of the DOM Family for a prize of equal or greater value. The DOM Family will not replace any lost, damaged, or stolen prizes. Winners are solely responsible for any and all federal, state, provincial and local taxes, if any, that apply to prizes. If a prize is mailed, the winner assumes the risk of the prize’s safe arrival as well as shipping costs. Prizes are offered “as is” with no written, express, or implied warranty.
Winners will be notified by e-mail within ten (10) business days of the prize determination, and may be required to sign and return an affidavit of eligibility and publicity/liability release within seven (7) days of notification. If a selected winner cannot be contacted, is ineligible, fails to claim a prize and/or, where applicable, an affidavit of eligibility and publicity/liability release is not received in a timely manner, is incomplete or modified, the prize may be forfeited and the decision to choose another winner or end the contest is made at the sole discretion of The DOM Family. Allow 6 to 8 weeks for delivery of prizes.
If a prize involves a trip to an event, the DOM Family is not obliged to replace tickets or award a substitute prize or give any form of compensation should the winner be unable to undertake such trip for any reason (including, without limitation, event cancellation, acts of God, travel restrictions or medical disabilities).
PERSONAL INFORMATION:
The DOM Family may collect personal data about entrants online, in accordance with its Privacy Policy and as may be more specifically set forth in these Contest/Giveaway/Promo Terms and Conditions or the Contest/Giveaway/Promo Official Rules. Please review these Contest Terms and Conditions, the Contest Official Rules and the DOM Family’s Privacy Policy. By participating in the Contest/Giveaway/Promo, entrants hereby agree to the DOM Family’s collection and use of their personal information and acknowledge that they have read and accepted these Contest/Giveaway/Promo Terms and Conditions, the Contest/Giveaway/Promo Official Rules and the DOM Family’s Privacy Policy.
THIRD PARTY WEBSITES:
Where a Contest/Giveaway/Promo involves access to or use of a third party website (“Third Party Website”), entrant understands and agrees that:
(a) The DOM Family has no control over the Third Party Website whatsoever;
(b) Entrant is solely and fully responsible for his dealings with the Third Party Website and is alone responsible for making whatever investigation he or she feels is needed or useful before commencement of dealings, and taking all precautions deemed necessary to protect himself or herself from viruses, worms, Trojan horses, malware and other harmful or destructive materials potentially residing on the Third Party Website; and
(c) The DOM Family disclaims all responsibility for any harm resulting from entrant’s access to or use of a Third Party Website.
The DOM Family assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to or alteration of entries, or any problem or technical malfunctions of any telephone network or line, computer online systems, servers, or providers, computer equipment, software, failure of any online Contest/Giveaway/Promo entry to be received on account of technical problems or traffic congestion on the Internet or at any website (including a Third Party Website), or any combination thereof, which may limit an entrant’s ability to participate in the Contest.
GENERAL:
ANY ATTEMPT BY AN ENTRANT OR ANY THIRD PARTY TO CIRCUMVENT, TAMPER, DISRUPT OR DAMAGE THE CONTEST/GIVEAWAY/PROMO ENTRY PROCESS, THE DOM FAMILY WEBSITE OR TELEPHONE SYSTEMS, DEFRAUD OR GAIN AN UNFAIR ADVANTAGE, ENGAGE IN UNSPORTSMANLIKE, DISRUPTIVE, ANNOYING, HARASSING OR THREATENING CONDUCT, OR OTHERWISE UNDERMINE THE FAIRNESS, INTEGRITY AND LEGITIMATE OPERATION OF THE CONTEST/GIVEAWAY/PROMO, WILL RESULT IN AUTOMATIC DISQUALIFICATION FROM THE CONTEST/GIVEAWAY/PROMO AND MAY CONSTITUTE A VIOLATION OF CRIMINAL AND CIVIL LAWS. THE DOM FAMILY RESERVES ALL RIGHTS, INCLUDING THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES), TO THE FULLEST EXTENT OF THE LAW, INCLUDING THE POSSIBILITY OF CRIMINAL PROSECUTION.
Entrant agrees to release, discharge, indemnify, defend and hold harmless the DOM Family, its parent company, affiliates, subsidiaries, its business partners, prize providers, and promotion and advertising agencies, and directors, officers, employees and agents of any and all of the aforesaid, and any other organizations related to the Contest/Giveaway/Promo, from and against any claim, damages or liability due to any injuries, losses or damages to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from receipt, enjoyment, ownership, possession, use, misuse or inability to use any prize, or participation in the Contest/Giveaway/Promo or a related activity, whether under contract, tort (including negligence), warranty or any other applicable sources of law, including, without limitation (i) any condition caused by events beyond the DOM Family’s control that may cause the Contest/Giveaway/Promo to be disrupted or corrupted; (ii) any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Contest/Giveaway/Promo; and (iii) any printing or typographical errors in any materials associated with the Contest/Giveaway/Promo.
IN NO EVENT WILL THE DOM FAMILY BE LIABLE TO YOU FOR ANY DIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION IN THE CONTEST/GIVEAWAY/PROMO, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND WHETHER OR NOT THE DOM FAMILYS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
The DOM Family assumes no responsibility for any administrative or typographical errors in the course of operating the Contest/Giveaway/Promo or in the Contest/Giveaway/Promo Official Rules or these Contest/Giveaway/Promo Terms and Conditions. The DOM Family reserves the right, in its sole discretion, to cancel, modify or suspend the Contest/Giveaway/Promo in whole or in part, in the event of fraud, technical or other difficulties or if the integrity of the Contest are compromised, without liability to the entrant. The DOM Family reserves the right to disqualify any entrant or winner, as determined by the DOM Family, in its sole discretion. The Contest/Giveaway/Promo is subject to these Contest/Giveaway/Promo Terms and Conditions and the Contest/Giveaway/Promo Official Rules and all applicable federal, state, provincial and local laws and regulations apply. As stated above, the Contest/Giveaway/Promo is void where prohibited or restricted by law. By participating in the Contest/Giveaway/Promo, you acknowledge that you have read these Contest/Giveaway/Promo Terms and Conditions and the Contest/Giveaway/Promo Official Rules and agree to abide by them and by the decisions of the DOM Family, which are final and binding on all matters pertaining to the Contest/Giveaway/Promo. These Contest/Giveaway/Promo Terms and Conditions and the Contest/Giveaway/Promo Official Rules are governed by the law of the State of New Jersey, excluding rules governing choice of laws. Any action, suit or case arising out of, or in connection with, this Contest/Giveaway/Promo or these Contest Terms and Conditions or the Contest/Giveaway/Promo Official Rules must be brought in either the federal or state courts in New Jersey.
The DOM Family is the official timekeeper for the Contest/Giveaway/Promo.