Montco Happening Ultimate Makeover Contest: Terms & Conditions

From time to time, Montco Happening LLC (“MH”) and Happenings Media LLC (“HM”) (collectively referred to as “Company”) may offer and/or co-Company contests, sweepstakes, raffles, promotions and games on the Service. Each of these activities may be governed by specific rules listed below. By participating in any such activities, you will become subject to those rules and we urge you to read any applicable rules. To the extent that the terms and conditions of such rules conflict with this Agreement, the terms and conditions of such rules shall control.

The terms and conditions set forth in this Terms of Use Agreement (“Agreement”) govern your visit to and use of the online and/or mobile services, website, and software provided on or in connection with the service provided by MH and HM including without limitation http://www.happeningsmedia.com, and http://montco.happeningmag.com.com (collectively the “Service”). This Agreement applies to all visitors, users, and others who access the Service (“Users”).

THIS AGREEMENT CONTAINS A MANDATORY INDIVIDUAL ARBITRATION AND CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

The Company may, in its sole discretion, modify or update this Agreement from time to time, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last updated’ date at the top of this page. Your continued use of the Service after any such change constitutes your acceptance of the new Terms of Use. If you do not agree to any of these terms or any future Terms of Use, do not use or access (or continue to access) the Service.

THIS CONTEST IS INTENDED FOR PARTICIPATION ONLY IN THE MONTGOMERY COUNTY, PENNSYVANIA AREA. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY OR HAVE NOT REACHED 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THE OFFICIAL RULES BELOW.

NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited.

ELIGIBILITY: The Montco Happening Ultimate Makeover Contest (“Promotion”) is offered and open only to female legal residents of the Territory who are 18 years of age or older at time of entry.
PROMOTION PERIOD: All times referenced herein are United States Eastern Standard Time (EST). Company administrator’s server/computer is the official time-keeping device for the Promotion. Promotion starts on or about on July 1, 2016, and ends on or about March 1, 2017 (“Promotion Period”).
HOW TO ENTER: Beginning July 1, 2016:

(Step 1) Visit http://montco.happeningmag.com
(Step 2) Fill out the makeover application form through August 5, 2015.
(Step 3) In early September, the stories behind finalists will be shared on Montco Happening and readers will be able to vote for the winner through the end of October.

As a part of the entry form you will be asked to indicate your agreement to the following:

I consent to my images, story, first name, and last initial being publicly available over the internet for the purposes of promoting and operating this contest as described in the Official Rules.
I affirm that I am a female aged 18 years or older and eligible to enter this contest and agree to be bound by the Official Rules of the contest and agree to be contacted via email regarding my entry.
I consent to Montco Happening, Happenings Media, and all other Bucks Happening Ultimate Makeover Contest Companys, subsidiaries, and vendors processing the data and photos I am providing for the purposes of this contest as described in the Official Rules.

Failure to agree to these statements will void your entry.

The Story, Photographs, and Entry Form collectively are your “Entry Materials” or “Entry.” Entries accepted online only; entries submitted via any other channel(s) will not be eligible for the Promotion. You must have an email address to enter

Entries must be received by Montco Happening by 12:00 p.m. noon EST on August 5, 2015. By entering, Entrants understand and agree that submitted eligible Entries in whole or in part will be posted online for public viewing, streaming (i.e., “digital transmission”), downloading (i.e., “digital distribution”). By submitting an Entry, Entrant agrees to be contacted by Company with notices and reminders pertaining to the Promotion.

Entry Materials become the property of MH, HM, and any associated contest Companies and will not be returned. Entrants may not enter through a club (or similar method), with multiple email and/or street addresses, nor shall entrants use any other device or artifice to enter more than the permitted number of times. Any use of online contest clubs (or similar methods), robotic, automatic, macro, programmed or like entry or voting methods will void all such entries by such methods, and disqualify any entrant using such methods. In case of dispute, Entry will be declared made by the authorized account holder of the e-mail address submitted at the time of Entry. “Authorized account holder” is defined as the natural person who is assigned to an email address 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.

REQUIREMENTS FOR ENTRY MATERIALS: Photographs submitted must not contain any third party’s intellectual property (trademarks, logos, trade names), nor must any other person appear in the photograph. Entries must contain a fully completed Entry Form, name, email address, story and both before photographs must be complete to be eligible for the Promotion; incomplete Entries will be immediately disqualified.

Definition of Intellectual Property: For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

BY ENTERING THIS CONTEST YOU CONSENT TO YOUR PHOTOS, STORY, FIRST NAME AND LAST INITIAL BEING USED GLOBALLY.

By submitting an Entry or accepting any prize, entrants represent and warrant that their Entry Materials, in whole and in part, (i) are the original creations of the entrant and/or entrant holds all right, title and interest in and to them (and is able to show written proof of same if requested), (ii) they have not been copied in whole or in part from any other work, (iii) they do not violate or infringe any copyright, trademark or other intellectual property rights or any other right of any person or entity.

By entering, at the time you submit your Entry (in whole or in part) to Company, and whether or not your Entry is selected as a finalist or winner, you grant to Company an irrevocable perpetual right and license in and to the Entry Materials, in whole and in part, and all the intellectual property rights therein including derivatives, throughout the world, and further agree to execute all documents and perform all acts deemed necessary by Company to protect Company’s license in the intellectual property. You will not now or in the future be paid for your Entry or for granting Company any of these rights. By submitting your Entry, you understand and agree it may be used in whole or in part by Company worldwide, royalty-free for any purpose and in any media or medium whatsoever now known or hereinafter developed (including without limitation print, broadcast, radio, digital and on-line) without further compensation or review. You also acknowledge and agree your Entry Materials or any element thereof may be used in whole or in part, alone or in combination with other works, and that they may be changed, altered, edited or modified, used in distorted, illusory or composite form, or in any other manner, as solely determined by Company at any time during or after this Promotion.

Winner: The winner will be selected by December 1, 2016 and will be notified by email by December 31, 2016. The winner will receive a makeover package including a variety of beauty and wellness related services.

Company will notify each winner with five (5) business days after the time and date listed on the Contest Description Page via e-mail to the winner’s registered e-mail address (the “Winner Notification”). A winner must respond to the Winner Notification from his/her registered e-mail address within 48 hours of receipt of the Winner Notification and, in order to be eligible to accept a prize, must include in such response: (i) winner’s full legal name, (ii) current residential mailing address, (iii) phone number, and (iv) date of birth. If a winner fails to respond to the Winner Notification in the time and in the manner required, or if a Winner Notification is returned as undeliverable, such Winner will be disqualified and will be deemed to have forfeited his/her prize. It is the sole responsibility of an entrant to notify Company of any changes in his/her name and/or address. Each winning entrant must sign and return any documents, if requested, within the time period stipulated by the Company. Failure to comply with this requirement may result in disqualification. Any notification returned as undeliverable may result in disqualification and the prize will be awarded to another entrant. A list of the winner(s) will be provided upon request.

Winner will be required to participate in a series of articles, videos, and events to be publicized online via MH and HM. Winner will be required to maintain a weekly journal during the makeover in order to share the experience with MH and HM readers.

Prizes: The prize(s) of a contest, its approximate value, and any other prize details will be listed on the Contest Description Page for that particular contest. A contest prize is non-transferable, non-redeemable for cash and may not be applied as a credit towards a different Company offering. All taxes associated with the receipt or use of a prize is the sole responsibility of a winner. Company reserves the right to withhold any taxes as required by applicable law.

GENERAL CONDITIONS: In the event of noncompliance, if an Entrant becomes noncompliant or ineligible during the Promotion Period, or if a potential winner cannot be reached using the information provided on their Entry, or if a winner fails to timely return or properly complete any requested release documents, it will result in prize forfeiture and an alternate winner will not be selected. Unclaimed, unredeemed, undeliverable, returned or forfeited prizes will not be (re)awarded.

LIMITATION OF LIABILITY

BY PARTICIPATING, ENTRANTS AGREE TO RELEASE, DISCHARGE AND HOLD HARMLESS THE COMPANYAND ITS PARENT COMPANY, AFFILIATES, AND SUBSIDIARY COMPANIES, ADVERTISING AND PROMOTION AGENCIES, ADVERTISERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS, CONSULTANTS, REPRESENTATIVES AND AGENTS FROM AND AGAINST ANY AND ALL ALLEGED AND/OR ACTUAL CLAIMS, CAUSES OF ACTION, DEMANDS, LOSSES, SETTLEMENTS (WHETHER OR NOT LITIGATION IS COMMENCED), LIABILITIES AND DAMAGES OF ANY KIND WHATSOEVER EXISTING NOW OR ARISING IN THE FUTURE (INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PERSONAL INJURY, DEATH, DISABILITY AND PROPERTY DAMAGE, VIOLATION OF PROPRIETARY, PUBLICITY, PRIVACY OR ANY OTHER RIGHT), COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ FEES, COURT COSTS, SETTLEMENTS AND DISBURSEMENTS) DIRECTLY OR INDIRECTLY ARISING OUT OF USE OF THE ENTRY MATERIALS, THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF A PRIZE, PARTICIPATION IN ANY CONTEST AND/OR PRIZE-RELATED ACTIVITIES, ACCESS TO THE WEBSITE OR ANY OTHER PROMOTIONAL SITES/PAGES, AND/OR OTHER PARTICIPATION IN THIS CONTEST. Participants covenant not to sue any released party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind this release. Please note that by initiating an Entry for purposes of this Promotion, you give the Company permission, among other things, to send you Contest-related communications and reminders.

THE SERVICE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICE OR PRODUCTS IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND PRODUCTS ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, HAPPENINGS MEDIA AND BUCKS HAPPENING, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, OR CORRECT; THAT THE SERVICE WILL MEET YOUR REQUIREMENTS; THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SERVICE.

HAPPENINGS MEDIA LLC AND MONTCO HAPPENING LLC DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE HAPPENINGS MEDIA AND MONTCO HAPPENING SERVICE OR ANY HYPERLINKED WEBSITE OR SERVICE, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

FEDERAL LAW, SOME STATES, PROVINCES AND OTHER JURISDICTIONS DO NOT ALLOW EXCLUSIONS AND LIMITATIONS OF CERTAIN IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BUCKS HAPPENING OR HAPPENINGS MEDIA ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO OR USE OF OUR SERVICE OR PRODUCTS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICE; (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE BY ANY THIRD PARTY; (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE THROUGH THE SERVICE; AND/OR (VII) USER CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY. IN NO EVENT SHALL HAPPENINGS MEDIA LLC, BUCKS HAPPENING LLC ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS, OR LICENSORS BE LIABLE TO YOU FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AMOUNT EXCEEDING ONE DOLLAR.

THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THIS AGREEMENT GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE. THE DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS OF LIABILITY UNDER THIS AGREEMENT WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

In no event will Contest Entities, their parents, affiliates, subsidiaries and related companies, their advertising or promotion agencies and/or all their respective officers, directors, employees, independent contractors, representatives and agents be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of your participation in this Promotion, Promotion-related activities, or access to, and use of, any participating Internet site(s) and/or mobile applications, or the downloading from and/or printing material downloaded from said site(s) and/or applications. Without limiting the foregoing, everything on the Websites are provided “AS IS” without warranty of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties

THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF PENNSYLVANIA WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in this Promotion, Entrants agree that any and all disputes that cannot be resolved between the parties and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, exclusively before a court located in Bucks County, Pennsylvania having jurisdiction.

MISCONDUCT: You are solely responsible for your interactions with other contest entrants and Company users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. Company shall have no liability for your interactions with other Users, or for any User’s action or inaction.

Your conduct; Disclaimer: Company reserves the right, but is not obligated, to reject and/or remove any User Content that Company believes, in its sole discretion, violates these provisions. You understand that publishing your User Content on the Service is not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other rights organization. Company takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You shall be solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that HM and MH shall not be liable for any damages you allege to incur as a result of User Content.

Company reserves the right at its sole discretion to disqualify or refuse entry to any person who (i) tampers with the registration process, the operation of a contest or a Company web site; (ii) acts in an unsportsmanlike or disruptive manner, or with the intent to annoy or harass another person; or (iii) is otherwise in violation of these Official Contest Rules.

ARBITRATION: For any dispute with Company, you agree to first contact us at info@happeningsmedia.com and attempt to resolve the dispute with us informally. In the unlikely event that Company has not been able to resolve a dispute it has with you after attempting to do so for a period of sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any Happenings Media claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by the American Arbitration Association (“AAA”). The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Company from seeking injunctive or other equitable relief from the courts as necessary to protect any of Company’s proprietary interests.

Class Action/Jury Trial Waiver: ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND.

No Waiver: No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

RELEASE BY ENTRANTS: By entering the contest, each entrant indemnifies, releases and agrees to hold harmless Company and its parents, subsidiaries, affiliates, owners, employees from any liability whatsoever for any claims, costs, losses, or damages of any kind (including, but not limited to those related to, personal injury, death, damage to property, infringement of proprietary rights, rights of publicity, or privacy or defamation and attorney fees) arising out of or in connection with: (1) entering a contest; (2) acceptance or use of any prize; or (3) any other act or omission arising out of or relating to the contest.