Giveaway Rules

New Year/New You, Makeover Giveaway

OFFICIAL RULES

NO PURCHASE NECESSARY. PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The New Year/New You Makeover Giveaway (“Giveaway”) is sponsored by Waterwalk Production Co. (“Sponsor”). The entry period for the Giveaway will begin on December 16^th, 2019 at 12:00:00 AM Eastern Time and ends on January 12th, 2020 at 11:59:59 PM Eastern Time (the “Entry Period”). The computer clock of Sponsor is the official time-keeping device for the Giveaway.

ELIGIBILITY: The Giveaway is open only to legal residents of the United States who are at least 21 years old at the time of entry (or who are considered a legal adult in their place of residence). The Giveaway is void in Hawaii, Alaska, Puerto Rico, Guam, U.S. Territories, and outside of the continental United States, and where restricted or prohibited by law, rule or regulation. All United States federal, state, and local laws and regulations apply. All entrants must be willing and able to travel, as further described herein.
HOW TO ENTER: To enter visit MarlaWynne.com

during the Giveaway Period. Enter the Giveaway by completely entering your true and correct information on the registration form in the required fields (Required fields include: Full Name, Telephone Number, Email Address, Full Mailing Address, and Zip Code) along with:

A photo (a “Photo”) of yourself;
Your standard clothing size in accordance with HSN standard size chart; and,

A brief explanation of why you would like to have a makeover.

In order to qualify for entry into the Giveaway, the Photo submitted in connection with your Entry must:

Display yourself in the best possible light and be suitable for display and publication ((i.e., may not be obscene or indecent, including but not limited to nudity);
Not violate the proprietary or privacy rights of any third party (e.g., it must not use individuals’ names without the appropriate consents, in whole or in part; refer to public figures; contain materials embodying the names, likenesses, or other identifying elements of any person, living, or dead);
Be your original work, and your use and Sponsor’s use of the Photo must not contain the intellectual property of another party, must not have been previously published or used in commerce, and must not have won any awards prior to or outside of this Contest;
Not violate any law, statute, ordinance, or regulation;
Not constitute disclosure of any confidential information owned by any third party;
Not, in the sole and unfettered judgment of Sponsor, contain words, images or statements considered offensive or inappropriate, including without limitation, to individuals of any race, ethnicity, religion, sexual orientation, or socioeconomic group, nor contain material that is unlawful, sexually explicit (including without limitation nudity), libelous or content that potentially infringes on a third party’s rights;
Be in keeping with Sponsor’s reputation and image, at Sponsor’s sole discretion; and
Comply with all terms and conditions of these Official Rules.

Entries will be deemed to be submitted by the natural person acting as the authorized account holder of the email address submitted with the Entry. Limit one entry per person.

Employees of Waterwalk Production Company (“Sponsor”), and its agents, affiliates, subsidiaries, employees, directors, sales representatives, distributors, retailers, partners (including Waterwalk, Plus Model Magazine, Fashion Over Fifty, Doll 10, Martino and HSN Inc. (“HSN”)), and each of their respective parent companies, advertising, fulfillment, promotion, and interactive agencies, contractors and any others engaged in the development, production or distribution of promotion materials for this Giveaway (collectively “Giveaway Parties”), and their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are ineligible to enter or win. Sponsor reserves the right to determine and verify the eligibility qualifications of any potential winner.

All entries submitted that are not in compliance with these Official Rules are void. Incomplete entries are void, including any inappropriate, incomplete or duplicative entries. Neither Sponsor, nor Giveaway Parties, assumes any responsibility for late, lost, illegible, or misdirected entries.

You are responsible for any fees associated with internet access, device usage charges, or any other charges incurred in connection with your entry.

By entering, you accept and agree to these Official Rules, including all eligibility requirements.

ALTERNATE MEANS OF ENTRY: To enter via mail, hand-print your true and correct information including all required fields (Required Fields include: Full Name, Full Mailing Address, Email Address and Zip Code) along with photo (a “Photo”) of yourself; Your standard clothing size in accordance with HSN standard size chart; A brief explanation of why you would like to have a makeover. Agree in writing to opt in to receive email or mail communication from Sponsor and Giveaway Participants and Mail your completed entry to: MarlaWynne, 121 West 36^th Street, Suite 112 New York, NY 10018. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late, incomplete, illegible, misdirected or postage-due entries. No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind or (ii) any incorrect data contained in any giveaway entry. Mail-in entries must be received on or before 11:59:59 PM Eastern Time January 12^th 2020 to be eligible for the drawing. All entries become the property of Sponsor and Giveaway Participants and will not be returned or acknowledged. Limit of one entry per person, per email address, per phone number, per mailing address throughout the Giveaway Period.

WINNERS AND GIVEAWAY

Each qualifying Entry, including the associated Photo, will be submitted directly to Sponsor. Entrants who are over the age of 21 and who provide Sponsor with the information requested will be eligible. Accordingly, the selection will be made by Sponsor based on:

The entrant’s brief explanation of why they would like a makeover overall which should be inspirational and motivating to peers.
The entrants’ willingness and availability to participate in the “Makeover” as described below.

At the end of the Entry Period, a Winner will be selected and vetted by Sponsor at their discretion. Sponsor will notify Winner by email, or telephone and will arrange to have the Winner be interviewed by Sponsor via telephone or video conference. Sponsor and its agents will not be liable for the inability to notify the Winner, whether due to inaccurate entry information, change of email address, or otherwise. Failure to comply with all instructions in the notification, or if the notification is returned as non-deliverable, may result in disqualification of the Entry and the selection of an alternate Winner. Winner will have two calendar days (which time period may be extended by Sponsor, in its sole discretion) from notification to meet with a Sponsor as described above and if Winner does not do so within this time period, Winner will be deemed to have forfeited the chance to be selected for the Giveaway and an alternate Winner may be selected based in accordance with these Official Rules.

The Sponsor will select, based on the Criteria, one Winner to receive the Giveaway as defined below. Beginning on or about January 13th, 2020, Sponsor will notify the Winner by email or telephone. Sponsor and its agents will not be liable for inability to notify the Winners, whether due to inaccurate entry information, change of email address, or otherwise. Failure to comply with all instructions in the notification, or if the notification is returned as non-deliverable, will result in disqualification of the Entry and the selection of an alternate Winner. Winner will have two calendar days (which time period may be extended by Sponsor, in its sole discretion) to claim a Giveaway and if a Winner does not do so within this time period, she will be deemed to have forfeited the chance to win the Giveaway and an alternate Winner may be selected.

One (1) winner will be selected and the “Giveaway” is comprised of:

Winner will receive and must be available to travel to Tampa, FL February 3^rd-5^th That winner will receive a round trip coach class flight to Tampa Florida; Hotel Accommodations (three days, two nights) stay in Tampa, Florida at the Hilton Carillon or other similar accommodation (selected at the sole discretion of the Sponsor) incidentals and ground transportation are not included;
Winner will receive a MarlaWynne/WynneLayers outfit to be styled by MarlaWynne (subject to availability in HSN’s Stock); and
The opportunity to participate in (during the trip to Tampa Florida) a hair styling by Martino Cartier (or other stylist if Martino Cartier is unavailable at the sole discretion of HSN and Sponsor) and makeup application by Doll 10 (or other makeup artist if Doll 10 is unavailable at the sole discretion of HSN and Sponsor) and appear on live television broadcasted by HSN throughout the day on February 4^th 2020, where the makeover will be held and filmed.

The approximate retail value of the Giveaway is US$ 2,500 including travel, hotel, and outfit. The actual retail value of the Grand Prize may vary based on point of departure, fluctuations in the cost of airfare and hotel accommodations. Trip package includes roundtrip coach-class airfare from a major airport near the applicable Winner’s home (determined by Sponsor in its sole discretion) to the destination. The hotel accommodations will consist of one single-occupancy room. Although Sponsor will make reasonable efforts to provide the trip on the dates set forth above, including receipt of all required releases, the timing, and dates of the trip will be in the Sponsor’s sole discretion. For the avoidance of doubt, each Winner must be available to travel to Tampa Florida and receive the benefits of the Giveaway on the dates and at the times specified by Sponsor; and any failure to do so will result in forfeiture of the Winner’s claim to the Giveaway. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any travel arrangements. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All tickets issued in conjunction with the Giveaway are not eligible for frequent flyer miles, and no code-sharing flights may be used. Any other costs are the sole responsibility of the Winner, including all ground transportation to and from airports and in Tampa Florida.

Any federal, state, and local taxes and any duties on the Giveaway is the sole responsibility of the Winner as applicable. No substitution or transfer of giveaway permitted except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Giveaway for one of equal or greater value if the Giveaway should become unavailable for any reason. Giveaway may not be used in conjunction with any other promotion or offer.

Sponsor has the right to conduct a background check of all records of Winner, at its own discretion, including civil and criminal court records and police reports. The sponsor may take all steps necessary to corroborate any information provided to Sponsor by any potential Winner. If a felony conviction is found, Sponsor has the right, in its sole discretion, to disqualify the individual from participating in any type of publicity in relation to the Giveaway or any public aspects of the Giveaway

To find out who won this Giveaway, send a self-addressed stamped envelope to Sponsor at [MarlaWynne, 121 West 36^th, Suite 112, New York, NY 10018]. Requests received after February 4^th, 2020 will not be honored.

RELEASE

The information provided by Sponsor in connection with the Giveaway is for informational purposes only. Upon submission of your entry or other material or information to Sponsor Parties in connection with this Giveaway, you grant Sponsor Parties a worldwide, perpetual, non-terminable, irrevocable, transferable, license to access, use, distribute, perform, reproduce, display, modify, create derivative works based upon, and sublicense such information and content for the purpose of providing the Giveaway, prizes, and for all other business purposes of Sponsor.

By entering this Giveaway you hereby certify that you have complied with all the rules of this Giveaway and that you have committed no fraud or deception in entering this Giveaway or in claiming any prize. By entering this Giveaway you grant Sponsor Parties the right to print, publish, broadcast, and use universe-wide in any media now known or later developed at any time or times, your name, account name, portrait, picture, voice, likeness, biographical information, and any information or content submitted with your Entry for any purpose, including for advertising and promotional purposes without additional consideration, except where prohibited by law.

As between you and Sponsor, all Entries become the property of Sponsor. By submitting an Entry into the Giveaway, you irrevocably assign and transfer all rights, title and interest in your Entry to Sponsor, including without limitation, all ideas, concepts, copyrighted, or copyrightable materials embodied in or represented by your Entry, and all intellectual property rights contained therein, including without limitation, all rights of persons and owners of property appearing therein. You agree to indemnify the Sponsor for all costs and damages relating to any claims made regarding the ownership or use of the materials in your Entry. You irrevocably waive any and all moral or similar rights you may have in your Entry, including without limitation, any and all attribution and integrity rights. For the avoidance of doubt, Sponsor shall have right to publish, use, reproduce, license, sell, manufacture, cut, edit, combine, augment, adapt and modify your Entry in any way and in any form or medium (including without limitation separating visual and aural elements and exploiting them separately) without territorial, time, use or other restrictions, and for any and all purposes, including without limitation, advertisements, in any and all media now known hereafter to become known worldwide without further compensation to you or any other person or entity.

BY ENTERING THE GIVEAWAY OR ACCEPTING ANY PRIZE, EACH ENTRANT AGREES TO BE BOUND BY THESE OFFICIAL RULES AND AGREES THAT SPONSOR PARTIES, AND ALL OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, WILL HAVE NO LIABILITY WHATSOEVER FOR, AND WILL BE HELD HARMLESS BY, THE ENTRANT FOR ANY AND ALL LIABILITY FOR ANY INJURY, LOSS, OR DAMAGE OF ANY KIND TO PERSONS, INCLUDING DEATH, AND PROPERTY, DUE IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF THE PRIZE OR PARTICIPATION IN THIS GIVEAWAY OR ANY PRIZE-RELATED ACTIVITY. SPONSOR PARTIES DISCLAIM ALL WARRANTIES AND EACH SELECTED WINNER WAIVES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH ENTRANT AGREES TO RELEASE, INDEMNIFY AND HOLD SPONSOR PARTIES, THEIR PARENT COMPANIES, THEIR AGENTS AND AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS OF LIABILITY, LOSS OR DAMAGE, JUDGMENTS, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) ARISING OUT OF OR INCURRED IN CONNECTION WITH THEIR PARTICIPATION IN THIS CONTEST OR THE ACCEPTANCE OR USE/MISUSE OF ANY PRIZE AWARDED BY SPONSOR.

GENERAL

Sponsor Parties are not responsible or liable for any events beyond their control, which may cause this Giveaway to be stopped, including cancellation of the HSN event and/or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries, nor are they responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any email or entry to be received by Sponsor on account of technical problems, human error, filtering or traffic congestion on the internet or at any website, insufficient space in an entrant’s account to receive messages or any combination thereof, including any injury or damage to entrant’s or any other person’s computer relating to or resulting from participation in this giveaway or downloading any materials in this Giveaway. If for any reason, this Giveaway is not capable of being conducted as planned, including due to tampering, unauthorized intervention, typographical errors, technical failures, fraud, low participation, or any other causes beyond the reasonable control of Sponsor Parties that corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Sponsor Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend this Giveaway. Sponsor Parties reserve the right in their sole discretion to disqualify any individual found to be tampering with the entry process or the operation of this Giveaway or to be acting in violation of these Official Rules or any other promotion, or in an unsportsmanlike or disruptive manner. When used herein, the words “includes” and “including” and their syntactical variations shall be deemed followed by the words “without limitation.” ANY ACT OR ATTEMPT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ACT OR ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ACT OR ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.

All applicable federal, state, provincial and local laws and regulations apply. This Giveaway and all matters, issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants, winner, and Sponsor in connection with this Giveaway shall be governed by and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions, which might otherwise cause the application of the laws of any jurisdiction other than the State of New York. Any action seeking legal or equitable relief arising out of or relating to the Giveaway or these Official Rules shall be brought only in the courts located in the Southern District of New York.