Curallux’s “CapillusPro Giveaway CES 2020”

Official Rules

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. PROMOTION DESCRIPTION: The Curallux, LLC “CapillusPro Giveaway CES 2020” (“Contest”) begins at 9:00:00 AM Pacific Time (“PT”) on January 9, 2020 and ends at 11:59:59 PM (PT) on January 10, 2020 (“Contest Period”). The Contest provides Entrants with the opportunity to win a CapillusPro manufactured and sold by Curallux, LLC. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Curallux, LLC with a principal business office located at 1715 N.W. 82 Avenue, Miami, Florida, 33126, USA (“Sponsor”), which shall be final and binding in all respects.

2. ELIGIBILITY: The Contest is open to individuals attending the CES 2020 (“Entrants”) from January 9-10, 2020. The Contest is open only to those at least eighteen (18) years of age or the age of majority in their state or province of primary residence. Sponsor and its parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, managers and employees (collectively, the “Promotion Entities”), and their respective immediate family members and/or those residing in the same household of each are ineligible to enter the Contest or win a prize. Void in Quebec and where prohibited by law.

3. HOW TO ENTER: To enter, individuals attending the CES 2020 must follow the @Capillus Facebook, Instagram, Twitter or LinkedIn account, post a picture of themselves with the CapillusPro to Facebook, Instagram, Twitter or LinkedIn while visiting Curallux’s booth during the CES 2020 (booth number 44302), and such post must include tagging @Capillus and the hashtag #CESCapillus (“Post”). To view these Official Rules, visit the website www.curallux.com/contestrules (the “Website”). Each Post entered into the Contest must meet the following “Post Requirements” (any Post that, in Sponsor’s sole and absolute discretion, violates the following criteria will be disqualified):

(a) the Post must not infringe a third party’s copyright or trademarks, privacy, or other intellectual property rights;

(b) the Post must NOT contain material which is (or promotes activities which are) sexually explicit, obscene, pornographic, violent (e.g., relating to murder, the sales or use of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing or which is otherwise inappropriate, in the sole discretion of the Sponsor, nor may a Post contain any derogatory references to any Promotion Entity or any other person or entity including brands or trademarks of any Promotion Entity or any other person or entity;

(c) the Post must be uploaded to Facebook, Instagram, Twitter or LinkedIn by the end of the Contest Period in order to be considered. No late entries will be accepted; and

(d) any Post that does not meet the above criteria for any reason, may be reposted as long as it is reposted before the end of the Contest Period.

There is a limit of one (1) entry per Entrant. Posts must be posted by the end of the Contest Period to be eligible for the Contest. No substitutions of Posts or new versions of Posts will be accepted under any circumstances past the end of the Contest Period.

Posts which violate any of these requirements will be deemed ineligible to be included in the Contest and the Post will be disqualified at the Sponsor’s sole discretion. The Sponsor reserves the right to disqualify, in its sole and absolute discretion, any Post deemed inappropriate or that does not comply with these Official Rules. Except as otherwise stated in these Official Rules, any personal information collected in connection with this Contest will be used in accordance with the privacy notice found on the Website.

4. WINNER SELECTION: The winning Post made by an entrant will be selected by the Sponsor in its sole discretion (“Winner”). The Winner will be contacted by direct message through his or her Facebook, Instagram, Twitter or LinkedIn account on or before January 13, 2020. If the Winner fails or refuses to respond to Sponsor’s Facebook, Instagram, Twitter or LinkedIn direct message notifying him or her selection as the Winner within three (3) days of notification, the Winner may be disqualified, and an alternate Winner may be selected. Sponsor shall have no liability for any Winner notification that is lost, intercepted or not received by a Winner for any reason. If any Winner does not respond within the time required by Sponsor, or if the Winner notification is returned as undeliverable for any reason to any Winner, such Winner will be considered to have forfeited and an alternate Winner may be selected at the discretion of Sponsor. If any Winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines his or her status as a Winner for any reason, such Winner will be disqualified and Sponsor may select a new Winner at its discretion.

[For Canadian residents only: To claim a prize, a potential Winner must first correctly answer, without assistance of any kind, a mathematical skill-testing question at a mutually agreed-upon time. The question must be answered correctly within a pre-determined amount of time. In the event that it is not answered correctly, the selected person will be disqualified, and an alternate Winner may be selected at the discretion of Sponsor.]

5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Entrant that enters this Contest represents and warrants as follows: (i) the Post is the Entrant’s own original work; (ii) the Post does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity; and (iii) the Post does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each Entrant hereby agrees to (a) not hold the Promotion Entities responsible for, and (b) reimburse the Promotion Entities in connection with, any and all third party claims, actions or proceedings of any kind and any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Entrant hereunder.

6. PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be given pursuant to any other agreement entered into between Sponsor and any Entrant or Winner of the Contest, each Entrant irrevocably grants the Sponsor and its designees and their respective successors, assigns and licensees, the right to use such entrant’s name, likeness, and biographical information in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.

7. PRIZE: One (1) Prize will be given to the Entrant selected as the Winner of the Contest. The Prize is a CapillusPro manufactured and sold by Curallux, LLC, which will be shipped to the Winner at the expense of the Sponsor (“Prize”).

8. GENERAL PRIZE CONDITIONS: The Winner shall be solely responsible for any required or applicable federal, state, provincial and/or local taxes and the reporting consequences thereof, and for any other fees or costs associated with the Prize. Sponsor reserves the right to withhold the Prize for any breach of the Official Rules.

9. GENERAL: Entrants agree that the Promotion Entities (a) except in respect of death or personal injury caused by negligence shall not be responsible or liable for any losses, damages or injuries of any kind resulting from participation in the Contest or any Contest-related activity, or from Entrants’ acceptance, receipt, possession and/or use or misuse of the Prize, and (b) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to the Prize, including, without limitation, to such Prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an Entrant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, or stolen posts, Post notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from awarding the Prize or continuing with the Contest as contemplated herein by any event beyond its control, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for any reason before the designated end date, Sponsor will (if possible) select the Winner from all eligible, non-suspect Posts received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.

10. FURTHER DOCUMENTATION: If Sponsor desires to secure additional use for the Winning Post or other documents as Sponsor may reasonably require in order to accomplish the purposes and intents of these Official Rules, then the Winner agrees to sign the same upon Sponsor’s request therefor.

11. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF FLORIDA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OR CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.

12. SELECTED WINNER INFORMATION: The winning selection of the Contest shall be available on January 13, 2020 and thereafter. To be informed of the winning selection, send a self-addressed stamped envelope to: “CapillusPro Giveaway CES 2020” – Selected Winner, c/o Curallux, LLC, Attn: Legal Department, 1715 N.W. 82 Avenue, Miami, Florida, 33126, USA.

¹ “Photo” means “light”; “Bio” means “life”; “Modulation” means “a change” in something; Therefore, in photobiomodulation, light is used to cause a change in living organisms.  
² A Protective Mechanism of Visible Red Light in Normal Human Dermal Fibroblasts: Enhancement of GADD45A-Mediated DNA Repair Activity; Journal of Investigative Dermatology (2017) 137, 466-474.  
³ Non-ionizing radiation cannot disrupt the atoms and molecules within the body, and therefore cannot damage tissue in living organisms.
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