ENTER FOR YOUR CHANCE TO WIN NO PURCHASE NECESSARY TO PLAY THE $10,000 ULTIMATE MAKEOVER PRESENTED BY CAPE FEAR AESTHETICS/ FAYETTEVILLE PLASTIC SURGERY. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS GIVEAWAY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OFFICIAL RULES CONTEST IS OPEN ONLY TO LEGAL RESIDENTS OF NORTH CAROLINA WHO LIVE IN THE SOUTHEASTERN PORTION OF NORTH CAROLINA AND ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF ENTRY. By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects. 1. PROMOTION PERIOD. Promotion begins 12:01 AM ET Thursday, January 28, 2016 and will continue until 11:59 PM ET Sunday, March 27, 2016. 2. SPONSORSHIP. This Promotion is sponsored by Fayetteville Plastic Surgery/Cape Fear Aesthetics, 2053 Valleygate Drive, Ste. 102, Fayetteville, North Carolina 28304 (910) 323-3757 (Individually and collectively, "the Sponsor"). 3. ELIGIBILITY. This contest (the "Promotion") is only open to legal residents of North Carolina who are at least 18 years old as of the date of entry, except officers, directors, members, employees and agents of the Sponsor, the judging committee, or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals. 4. HOW TO ENTER. a. Visit www.fayobserver.com/contests and click on the $10,000 Ultimate Makeover link. b. Complete registration form in its entirety. c. Upload a recent, full-length photo of yourself along with why you need a makeover in 100 words or less. 5. WINNER SELECTION AND NOTIFICATION. a. Once the contest is complete, the judging committee will select up to 30 finalists. Those finalists will be notified via email. Finalists must attend a consultation on either April 28th or April 29th. Specific appointment times will be set. b. Once the consultations are complete, three (3) winners will be selected. A grand prize winner who will receive the Ultimate Makeover and two additional winners who will receive non-surgical procedures. c. Cape Fear Aesthetics/Fayetteville Plastic Surgery physicians will make the final determination of what kind of surgical or non-surgical procedures winner will receive. d. All decisions made by the Sponsor will be final. 6. WINNER RESPONSIBILITIES. a. All three (3) winners must: i. Limit disclosure of being selected. Selection is Confidential Information and can only be shared only with entities having a need to know (family, employer, family physician, etc.) and shall not disclose to any third party (whether an individual, corporation, or other entity) without prior written consent by Sponsor. Winners shall satisfy their obligations under this paragraph if it takes affirmative measures to ensure compliance with these confidentiality obligations by its employees, agents, consultants and others who are permitted access to or use of the Confidential Information. If Confidential Information is shared prior to the makeover reveal on June 17, 2016, the winner will forfeit their prize and will be billed for any services provide up to that point. ii. Not announce they have won in any other media, social media, etc. iii. Be available during the month of May for consultations, photos and interview. iv. Be available early June for hair and clothing fitting v. Attend Ladies Night Out at the Crown Expo Center on Friday, June 17, 2016 and be there from 3:30pm until 8pm. b. In addition to the dates above, the grand prize winner must be available on June 4, 2016 for surgical procedure(s) and additional dates as required for follow-up. c. If a winner cannot accept prizes as stated in these rules, the prize will be forfeited in its entirety and an alternate winner may be selected. No substitution, cash redemption or transfer of prize. d. All winners will be required to sign release forms, consent and confidentially forms e. Winners must be able to pass a medical screening. f. Winners must not have had a baby or have been pregnant in the past 12 months leading up to the contest start date or be pregnant at the time of the makeover. g. Winner must acknowledge they are in general good health, as determined by their primary care manager as well as clinical staff of Cape Fear Aesthetics/Fayetteville Plastic Surgery, to undergo any procedures. Cape Fear Aesthetics/Fayetteville Plastic Surgery, licensors and other Service Providers reserve the right to refuse treatment for any reason. Winners must receive services as outlined in Prize Description below. Any violations may cause the participant to forfeit rewards. 7. PRIZE DESCRIPTION. a. As mentioned above in item 5b – there will be three (3) winners: A grand prize winner and two additional winners. Prizes are as follows: i. Grand Prize Winner will receive – Hair style, make-up, clothes and surgical and/or non-surgical procedure(s). Cape Fear Aesthetics/Fayetteville Plastic Surgery physicians will make the final determination of what kind of surgical or non-surgical procedures winner will receive. Prize valued at more than $10,000. ii. Winner #2 and #3 will receive – Non-surgical procedure(s). Cape Fear Aesthetics/Fayetteville Plastic Surgery physicians will make the final determination of what kind of surgical or non-surgical procedures winner will receive. Prize valued at approximately $1,000. 8. TAXES. All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility. The winners are individually responsible for all taxes. All winners must provide their social security number and a 1099 will be issued by the Sponsor. 9. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received. 10. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted. 11. CONSENT AND RELEASE. a. By entering the Promotion, each entrant releases and discharges the Sponsor, judging committee, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Sponsor Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). b. Except where prohibited: i. acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name, likeness, opinions, biographical information, hometown and state of such winner for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor in any media, worldwide, without further payment or consideration; ii. acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; iii. any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release; and iv. winners will not be compensated for time, mileage or any other costs incurred to claim prize. 12. DISCLAIMERS. a. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible. b. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. c. Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. d. Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. e. SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. f. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. g. Participants agree that the Sponsor, its Licensors and other Service Providers and their respective managers, members, officers, directors, agents, suppliers and employees shall not be liable for losses or injuries of any kind resulting from acceptance or use of prizes, participation in contest, or any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, or any combination thereof, or any misdirected entries, or delayed data transmissions. Participants also agree that the individuals and entities listed in this paragraph are not responsible or liable for any injury or damage to a participant related to or resulting from participation in any part of this contest. IT IS PARTICIPANT’S RESPONSIBILITY TO READ AND UNDERSTAND ALL INFORMATION WHICH ACCOMPANIES PRIZES CONCERNING USE, RISKS AND MAINTENANCE. h. The Sponsor reserves the right to cancel, suspend and/or modify the contest and award the prizes from among eligible entries received prior to such action if any fraud, technical failures or any other factor beyond the Sponsor’s reasonable control impairs the integrity or proper functioning of the contest, as determined by the Sponsor in its sole discretion. 13. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of North Carolina. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Raleigh, North Carolina. Should there be a conflict between the laws of the State of North Carolina and any other laws, the conflict will be resolved in favor of the laws of the State of North Carolina. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages. 14. REGISTRATION INFORMATION. All information will become property of the Sponsor and will be stored and may be used for marketing purposes. Information transmitted electronically or otherwise will generally be treated as nonconfidential and nonproprietary. The Sponsor will not sell or trade your information with other companies. If you do not wish to receive any further contact, send an e-mail to: [email protected] or contact us at (800) 722-0457 or (910) 323-0701. All decisions are final and prizes are nontransferable. The Sponsor reserve the right to discontinue contests and drawings at its discretion. No duplicate entries accepted.
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