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Terms & Conditions
1. NO PURCHASE NECESSARY.
2. ELIGIBILITY: Purple for the Planet (“Promotion”) is open to residents of the United States approved who are eighteen (18) years of age or older. Employees and the immediate families or employees of Sambazon (“Sambazon”), its affiliates, and subsidiaries; wholesaler distributors and their employees and their immediate families; retail licensees and their employees and their immediate families; advertising and promotion agencies and their employees and their immediate families are ineligible. By participating in this Promotion, participants agree to be bound by the Promotion Terms and Conditions (“Terms and Conditions”)
3. By participating (“Participant”), Participant grants permission to the Sambazon and its parent companies, affiliates, subsidiaries, agents and licensees to use the entrant’s name, biographical information, likeness, social media name, social media handle(s), persona, hashtags and profile information, for purposes of advertising and trade and other commercial purposes, without further notice or compensation, in perpetuity.
4. PROMOTION PERIOD: Promotion begins at 12:00 AM EST on April 22, 2019 and ends at 12 AM PST on May 23, 2019 (“Promotion Period”)
Sambazon reserves the right to modify any of the Terms and Conditions or details set forth herein, including, but not limited to, the methods by which people may participate, at any time, with notice, which may be in the form of email, site updates, or the like, even though these changes may affect a person’s ability to participate in the Promotion. Sambazon reserves the right to terminate or temporarily suspend the Promotion at any time, for any reason, with notice, even though termination may affect a person’s ability to participate in the Promotion. If you continue to participate in the Promotion once changes are made, you are acknowledging your acceptance of any and all changes to these terms and conditions. You are responsible for remaining knowledgeable of any and all changes that Sambazon may make to these terms and conditions.
Sambazon reserves the right to discontinue the participation privileges of any person who engages in any fraudulent activity, or uses the Promotion in a manner inconsistent with these terms and conditions, or with any federal, state or local laws, statutes or ordinances. In addition, Sambazon shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary in its sole discretion. All questions or disputes regarding eligibility for the Promotion, or a person’s compliance with these terms and conditions will be resolved by the Sambazon in its sole discretion.
It is expressly understood and agreed that the essence of the Promotion relies on Sambazon making a donation/purchase in good faith with Rainforest Trust for a charitable cause. Sambazon does not assume responsibility to verify how such charitable funds are used or in accordance with any applicable laws once dispersed to Rainforest Trust. The foregoing donation shall be capped an amount of Thirty-Five Thousand Forty U.S. Dollars ($35,040).
Sambazon is not responsible for incorrect or inaccurate transcription of information, for problems associated with the Promotion or utilized by any participant, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone network, cellular network, or electronic transmission, for problems relating to computer equipment, software, inability to access any website or online service, or for any other technical or non-technical error or malfunction.
Participant acknowledges that there are risks of personal injury (including but not limited to: permanent damage to hair, eyes, scalp, allergic reactions, and burns due to chemical alteration of the Participants hair), illness and possible loss of life (“Risks”), which may result from participating in the Promotion. Sambazon does not encourage any Participant to take part in these Risks. Participant acknowledges that their involvement in the Promotion is voluntary and assumes all of the Risks.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL SAMBAZON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTION, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Participant, as a condition of participation in the Promotion, agrees to indemnify, defend and hold harmless Sambazon and affiliated companies, their vendors, their advertising, promotion and public relations agencies, co- sponsoring companies and their affiliates and agencies, and all officers, directors, employees and agents of the aforesaid entities, from any and all claims and costs, including attorneys’ fees, relating to, arising from or in connection with participation in this Promotion. In so doing, Participant releases and indemnifies the aforesaid entities and individuals from liability for injuries or damages of any kind arising from or in connection with participation in this Promotion.
As a condition of participating in the Promotion, Participant agrees that (1) any and all disputes, claims, and causes of action arising out of or connected with Sambazon shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association. Arbitration will take place in Los Angeles, CA; (2) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in the Promotion, but in no event attorneys’ fees; and (3) under no circumstances will any person be permitted to seek recovery for, and such person hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waives any and all rights to have damages multiplied or otherwise increased.
All issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of participant and the Sambazon in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of California, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California; provided, however, that any issues or questions arising out of such person’s participation in a promotion governed by specific rules that provide for the application of the laws of another jurisdiction shall be governed by the law of the jurisdiction stated in those rules.
These Terms and Conditions constitute the entire agreement between the Promotion participants and Sambazon pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms and conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these terms and conditions, which will otherwise remain in full force and effect.
For any questions regarding the Promotion or these Terms and Conditions, please contact [email protected]