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Tria Beauty "Emmanuelle’s Summer Must-Haves" Sweepstakes OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

Eligibility: The Tria Beauty “Emmanuelle’s Summer Must Haves” Sweepstakes (the “Sweepstakes”) is open and offered only to legal residents of Canada (excluding the province of Quebec) who have the age of majority in his or her province of residence at the time of entry. Employees of Tria Beauty Inc. and American Sweepstakes & Promotion Company, their immediate families (parent, child, sibling or spouse) and/or household members and any other persons or entities associated with this promotion are ineligible to enter or win. Void where prohibited by law.

SPONSOR/ADMINISTRATOR:The Sweepstakes is sponsored by Tria Beauty Inc., 4160 Dublin Blvd., Dublin, CA 94568 (the “Sponsor”) and administered by American Sweepstakes & Promotion Company, 300 State St. Suite 402 Rochester, NY 14614 (the “Administrator”).

AGREEMENT TO OFFICIAL RULES: By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Winning the Grand Prize is contingent upon fulfilling all requirements set forth herein.

How to Enter: The Sweepstakes begins at 12:00:01 a.m. Eastern Daylight Time (“EDT”) on May 29, 2012 and ends at 11:59:59 p.m. EDT on August 15, 2012 (“Sweepstakes Period”). The Sponsor’s computer is the official time-keeping device for the Sweepstakes. Eligible Entrants can enter the Sweepstakes by going to the Sponsors’ Website (www.TriaBeauty.ca/summermusthaves) (the “Website”) during the Sweepstakes Period and completing the Sweepstakes registration form. Each Entrant will be required to provide their complete name, date of birth, mailing address (including city, state, zip code), daytime telephone number and e-mail address. All entries must be received by 11:59:59 p.m. EDT on August 15, 2012. Limit one (1) entry person per mailing and/or e-mail address during the Sweepstakes Period. All entries become the exclusive property of Sponsor and will not be acknowledged or returned.

GENERAL CONDITIONS: If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (a) infection by computer virus, bugs, (b) tampering, unauthorized intervention, (c) fraud, (d) technical failures, or (e) any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsor reserves the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award the Grand Prize using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsor reserves the right, at its sole discretion, to disqualify any individual deemed to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsor’s Website; or (b) acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsor, the Administrator, and their respective parent companies, employees, officers, directors, volunteers, members, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim, action, injury, loss, damage or cause of action arising out of or relating to participation in the Sweepstakes, acceptance or receipt of any prize, use or misuse of any prize, or participation in any prize-related activity, including, but not limited to: (a) any technical errors that may prevent an entrant from submitting an entry; (b) unauthorized human intervention in the Sweepstakes; (c) printing errors; (d) errors in the administration of the Sweepstakes or the processing of entries; or (e) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of any prize. Released Parties assume no responsibility for 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. Released Parties are not 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 e-mail or entry to be received by Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, including any injury or damage to participant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Participants agree that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, statutory, express or implied (including but not limited to the implied warranties of merchantability, title and fitness for a particular purpose), in fact or in law, relative to the Sweepstakes. Without limiting the generality of the foregoing, the Sponsor does not make any express or implied warranties or representations with respect to the Sweepstakes or its websites and Sponsor shall not be liable for the consequence of any interruptions or errors related thereto.

DRAWING AND NOTIFICATION: The potential Grand Prize Winner will be selected in a random drawing from among all eligible entries received by the Administrator whose decisions are final and binding. The Grand Prize drawing will be conducted on or about August 25, 2012. Odds of winning will depend on the total number of eligible entries received throughout the Sweepstakes Period. The Grand Prize Winner will be contacted by telephone (a message will not be left) and/or by email. If a potential Grand Prize Winner cannot be contacted within three business (3) days after the first attempt to contact him/her, the Sponsor may select an alternate potential winner in his/her place at random from the remaining entries.

PRIZES: There will be one (1) Grand Prize awarded following the conclusion of the Sweepstakes Period. The Grand Prize Winner, upon confirmation of eligibility, will receive the following prize package:

  • A $1000 gift card (AmEx/Visa) for summer shopping
  • Dermalogica® Eye Cream with SPF 30
  • Charles David® Nude wedges
  • Mineral Fusion® All Natural Body Lotion
  • Alexx and Jae® 100-percent recycled tank tops
  • Tria Hair Removal Laser
The Grand Prize package has an Approximate Retail Value (“ARV”) of $1,700.

ADDITIONAL PRIZE CONDITIONS: To be declared the Grand Prize Winner, the selected Entrant must answer correctly without assistance of any kind, whether mechanical, electronic or otherwise, a mathematical skill-testing question posed by mail or telephone. If the selected Entrant fails to correctly answer the question he/she will be disqualified and another entrant will be randomly chosen. The potential Grand Prize winner who correctly answers the skill-testing question will be notified by telephone and/or mail and/or email at the Sponsors’ discretion using the contact information provided at the time of entry. If the potential winner is determined to be less than the age of majority in his/her province of residence, then the potential winner will be disqualified and an alternate winner will be selected in their place.

The potential Grand Prize Winner will be required to sign an Affidavit of Eligibility and Liability/Publicity Release to be returned within seven (7) business days of written notification, or prize may be forfeited and an alternate winner selected. In Sponsor’s sole discretion, if a prize or prize notification is returned as unclaimed or undeliverable to a potential winner, if the potential Grand Prize Winner fails to return requisite document within the specified time period, or if the potential Grand Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and an alternate winner will be selected for the prize at issue. The value of the Grand Prize must be reported as income to the Grand Prize Winner and the Grand Prize Winner will be responsible for all local, state, and federal taxes associated with the receipt of a prize. The Sponsor reserve the right in its sole discretion to substitute any prize package with another prize of equal or greater value in the event that the prize (or any component thereof) is not available as determined by the Sponsor in its sole discretion.

ALL EXPENSES OR COSTS ASSOCIATED WITH ACCEPTANCE OF THE GRAND PRIZE PACKAGE NOT MENTIONED HEREIN ARE THE SOLE RESPONSIBLITIY OF THE GRAND PRIZE WINNER. GRAND PRIZE WINNER WILL NOT HAVE THE RIGHT TO SUBSTITUTE ANOTHER PRIZE PACKAGE. ANY DIFFERENCE BETWEEN THE STATED APPROXIMATE RETAIL VALUE OF ANY PRIZE AND THE ACTUAL VALUE OF SUCH PRIZE WILL NOT BE AWARDED. ANY UNCLAIMED PRIZE WILL NOT BE AWARDED.

GENERAL: By accepting the Grand Prize, where permitted by law, the Grand Prize Winner grants to the Released Parties and those acting pursuant to the authority of Sponsor and the Released Parties (which grant will be confirmed in writing upon Sponsor’s request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time the Grand Prize Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, LOSS PROFIT, CLAIMS OF THIRD PARTIES, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Grand Prize Winner also acknowledges that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize.

USE OF DATA: All information submitted by Entrants will be treated according to Sponsor’s privacy policy, available at http://www.triabeauty.com/info/privacy-policy.htm. By participating in the Sweepstakes and providing your e-mail address, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s Privacy Policy.

DISPUTES: By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; 2.) Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrants and Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by, and construed in accordance with United States law. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts of California, and the parties consent to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating to these Official Rules. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsor’s good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed. If the actual value of any prize turns out to be less than the stated ARV, the difference will not be awarded in cash.

WINNERS LIST REQUEST: To request confirmation of the name and address of the Grand Prize Winner, please send a self-addressed, stamped business size envelope, by October 15, 2012, to: ASC/TRIA “Emmanuelle’s Summer Must Haves” Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.