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Video Contest Terms & Conditions

I LOVE GET FRESH VIDEO CONTEST TERMS AND CONDITIONS These TERMS AND CONDITIONS (“Terms and Conditions”) are an agreement made between The Beauty Market Ltd. Dba GET FRESH, a Delaware corporation, and any person (collectively “you” or “your”) who accepts them in conjunction with entering the I LOVE GET FRESH VIDEO Contest (the “Contest”). You must click your acceptance to these Terms and Conditions before you will be permitted to enter the Contest. GET FRESH provides its Contest Site, www.getfresh.net/videocontest.html (the “Contest Site”), and allows you to participate in the Contest subject to these Terms and Conditions. Please read these Terms and Conditions carefully BEFORE using the Contest Site. This Agreement constitutes a legal agreement between you and us.

BY SUBMITTING YOUR ENTRY FORM, YOU EXPRESSLY AGREE TO AND CONSENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED AND YOU MAY NOT ENTER OR OTHERWISE PARTICIPATE IN THE CONTEST. You are only authorized to access the Contest Site or enter the Contest if you agree to abide by all applicable laws and these Terms and Conditions. Any additional terms and conditions proposed by you which are in addition to or which conflict with these Terms and Conditions are expressly rejected by GET FRESH and shall be of no force or effect. If you do not agree with the Terms and Conditions, you should leave the Contest Site immediately. Materials on the Contest Site are primarily owned by GET FRESH, but may also include materials owned by third parties and posted on the Contest Site by virtue of a license, grant or some other form of agreement between the third party and GET FRESH. Any rights not expressly granted herein are reserved to GET FRESH. MODIFICATIONS AND UPDATES CHANGES ARE PERIODICALLY MADE TO THE INFORMATION CONTAINED IN THESE TERMS AND CONDITIONS. GET FRESH MAY MAKE CHANGES TO THE INFORMATION AVAILABLE ON THIS CONTEST SITE AT ANY TIME AND AT ITS SOLE DISCRETION. The most current version of these Terms and Condition can be reviewed by clicking on the "Terms of Use" link located at the bottom of each page of the Contest Site. These notices, terms and conditions are subject to change in the sole and absolute discretion of GET FRESH. All updates, enhancements, new features and or the addition of additional web properties (in the form of additional web pages or Contest Sites) are immediately subject to these terms and conditions. Your continued use of the Contest Site constitutes your continued acceptance to all such notices, terms and conditions as modified. USE OF SITEGET FRESH may, in its sole discretion and without notice, deny any person or company's access to the Contest Site or any portion of the Contest Site. As a condition of your use of the Contest Site, you will not use the Contest Site for any purpose that is unlawful or prohibited by these Terms and Conditions. You may not use the Contest Site in any manner that could damage, disable, overburden or impair any GET FRESH server or interfere with any other party's use or enjoyment of the Contest Site and services offered through the Contest Site. You may not attempt to gain unauthorized access to others’ accounts, information, computer systems or networks connected to the GET FRESH server or to any of the services or products offered via the Contest Site, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Contest Site. This Contest Site, any portion of this Contest Site and any software, products or services obtained herein may not be decompiled, disassembled, reverse engineered, uploaded, reproduced, modified, distributed, transmitted, duplicated, copied, sold, resold, displayed, performed, published, licensed, used to create derivative works from, transferred or otherwise exploited for any commercial purpose that is not expressly granted by GET FRESH. GET FRESH further reserves the right to pursue any legal action available against you or any other user of the Contest Site whose use violates the state, federal or local law or these Terms and Conditions. GET FRESH reserves the right to refuse service, terminate accounts, including, but not limited to, accounts created by you or any other contestant of the Contest in order to post an entry video (the “Entry Video”), and remove or edit content in its sole discretion. Availability of this Contest Site or particular information or services herein is subject to change without notice. VALIDITY AND ACCURACY OF DATA: GET FRESH DOES NOT REPRESENT OR WARRANT THAT ANY INFORMATION PROVIDED BY GET FRESH IS COMPLETE OR FREE FROM ERROR, AND DOES NOT ASSUME, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO ANY PERSON OR ENTITY FOR LOSS OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN THE CONTEST SITE, WHETHER SUCH ERRORS OR OMISSIONS RESULT FROM NEGLIGENCE, ACCIDENT, OR OTHER CAUSE. YOU SHALL BE SOLELY RESPONSIBLE FOR OBTAINING ANY AND ALL NECESSARY LICENSES, CERTIFICATES, PERMITS, APPROVALS OR OTHER AUTHORIZATIONS REQUIRED BY FEDERAL, STATE OR LOCAL STATUTE, LAW OR REGULATION APPLICABLE TO YOUR USE OF THE CONTEST SITE. GET FRESH MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE LEGALITY OR PROPRIETY OF THE USE OF THE CONTEST SITE IN ANY JURISDICTION, STATE OR REGION. PARTICIPATION IN THE CONTEST Your participation in the Contest is subject to the Contest’s official rules (the “Official Rules”), which you can find at www.getfresh.net/videocontest.html. You must comply with all the rules, regulations, terms and conditions set forth in the Official Rules. All of the information you provide to GET FRESH in order to participate in the Contest or otherwise must be true, accurate, and complete. Any fraud or deception in connection with the Contest, including, but not limited to any attempt to influence the outcome of the Contest other than by participating in the Contest as expressly permitted in the Official Rules, will be considered a breach of the Official Rules and will result in disqualification from the Contest if discovered prior to the announcement of a winner. Such discovery, if you are declared a winner and awarded the prize (as described in the Official Rules), will obligate you to return to GET FRESH the entire value of the prize and, in addition, GET FRESH may pursue any and all available legal and equitable remedies against you. CHILDREN UNDER 18: Contestants must be 18 years of age or older. If you are under 18, you may visit the Contest Site only with involvement of a parent or guardian.

CONTENT LICENSE When you provide GET FRESH any content, including, but not limited to the Entry Video posted by you to the Contest Site, you grant us an exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity and database rights you have in the content, in any media known now or in the future. You agree that if you provide GET FRESH with your written content, photographs, videos, including the Entry Video, name and/or image of yourself that GET FRESH shall have the unlimited right to use such written content, photographs, videos, including the Entry Video, name and/or image (in whole or in part) in connection with promoting, advertising, marketing and/or selling GET FRESH's services or other products and services associated with the Contest Site. GET FRESH's rights include, but are not limited to, the right to reproduce, display, distribute, edit, alter and change your written content, photographs, videos, including the Entry Video, images and any other materials you provide us in connection with your use of the Contest Site. You waive any claim of "moral rights" arising out of GET FRESH's use of your written content, photographs, videos, including the Entry Video, name and/or images. Unless otherwise agreed, GET FRESH may edit, copy, publish, distribute, translate and otherwise use in any medium any such materials that you forward to GET FRESH and will own exclusively all such rights, titles and interest and shall not be limited in any way in its use, commercial or otherwise. GET FRESH is and shall be under no obligation to: (1) maintain any of your materials in confidence; (2) to pay to you or any contestant any compensation for any such materials; or (3) to respond to any of your or any other contestant’s materials. You represent and warrant to GET FRESH that you own all right, title and interest in and to any written content, photographs, videos and other works that you submit to GET FRESH, including, but not limited to the Entry Video. LINKS TO THIRD PARTY SITES: The Contest Site may contain links to other Websites (“Linked Sites”). Linking to such Linked Sites will let you leave the Contest Site. Unless otherwise indicated, GET FRESH is not affiliated with any of the Linked Sites. The Linked Sites are not under the control of GET FRESH and GET FRESH is not responsible for the contents of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. GET FRESH does not endorse or make any representations about any Linked Site, any information, software or other products or materials found in a Linked Site, or any results that may be obtained from using these links. GET FRESH is providing these links only as a mere convenience, and the inclusion of any link does not imply endorsement by GET FRESH. If you decide to access any of the third party Contest Sites linked from this Contest Site, you do so entirely at your own risk. LIMITATION OF LIABILITY THIS CONTEST SITE AND ALL INFORMATION, CONTENT, SERVICES, GOODS, ADVERTISEMENTS, DOCUMENTS AND RELATED GRAPHICS PROVIDED HEREIN ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS CONTEST SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERROR. GET FRESH MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CONTEST SITE OR THE INFORMATION, CONTENT MATERIALS, OR PRODUCTS INCLUDED ON THIS CONTEST SITE. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, GET FRESH AND ITS AFFILIATES, OFFICERS, DIRECTORS AND EMPLOYEES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. GET FRESH DOES NOT WARRANT THAT THE CONTEST SITE IS COMPATIBLE WITH YOUR EQUIPMENT OR THAT THE RELATED SERVICES THEREIN ARE FREE OF ERRORS, VIRUSES, WORMS, "TROJAN HORSES" OR ANY OTHER HARMFUL, INVASIVE OR CORRUPTED FILES AND IS NOT LIABLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH DESTRUCTIVE FEATURES. IN NO EVENT, SHALL GET FRESH AND OR ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTUOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS CONTEST SITE OR INFORMATION AVAILABLE FROM GET FRESH THROUGH THIS CONTEST SITE. RELEASE AND INDEMNIFICATION You release GET FRESH and their officers, directors, agents, affiliates, joint ventures and employees from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with your use of the Contest Site. If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You will indemnify and hold GET FRESH and their officers, directors, agents, affiliates, joint ventures and employees, harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of (a) these Terms and Conditions; (b) your use of the Contest Site; and (c) your participation in the Contest. COPYRIGHT All content and otherwise protectable features of this Contest Site, including but not limited to the design, arrangements, layout, software, text, graphics and images were created by or at the direction of GET FRESH, are the property of GET FRESH and are protected by United States and international copyright laws. NO PORTION OF THIS CONTEST SITE MAY BE COPIED, IMITATED OR RETRANSMITTED UNLESS EXPRESS PERMISSION TO DO SO IS GIVEN BY GET FRESH IN WRITING. The compilation, collection, arrangement, and assembly of all content on this site is the exclusive property of GET FRESH and is protected by United States and international copyright laws. All software used on this site is the property of GET FRESH or its software suppliers and is protected by United States and international copyright laws. The images used on this Contest Site are the property of their respective copyright owners, and are used by GET FRESH pursuant to express authorization from the copyright owners or their agents. Any use, including, the reproduction, modification, distribution, transmission, republication, or display, of the content, images and software on this Contest Site is strictly prohibited.

COPYRIGHT INFRINGEMENT POLICY: You may not use the Contest Site to transmit, route, provide connections to or store any material that infringes copyrighted works, trademarks or otherwise violates or promotes the violation of the intellectual property rights of any third party. GET FRESH, pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the “Act”), reserves the right, but not the obligation, to terminate your license to use this Contest Site if it determines in its sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. GET FRESH accommodates and does not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), GET FRESH has implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act. All claims of infringement must be submitted to GET FRESH in a written complaint that complies with the requirements below and is delivered to our designated agent to receive notification of claimed infringement: By mail: Get Fresh 1548 18th Street Santa Monica, CA 90404 United States of America By phone:310-315-0020 Contact us by e-mail at contest@getfresh.net. In addition, any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark or other proprietary right must include the following information: A physical or electronic signature of a person authorized to act on behalf of (1) the owner of an exclusive right that is allegedly infringed or (2) the person defamed. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site is covered by a single notification, a representative list of such works at that site. Similarly, for materials that are defamatory or infringe patent, trademark, or other proprietary rights of a third party, please submit a list of such materials. Identification of the material that is claimed to be infringing, to be the subject of infringing activity, or that is claimed to be defamatory and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. Information reasonably sufficient to permit GET FRESH to contact you, such as your address, telephone number, and/or electronic mail address. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright or other proprietary right owner, its agent, or the law. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed or on behalf of the person defamed.

TRADEMARKS “I LOVE GET FRESH VIDEO Contest” and “get fresh” along with all logos, other trade names, trademarks, services marks, whether registered or not, set forth on this Contest Site (the “GET FRESH Trademarks”) are the sole property of GET FRESH. The GET FRESH Trademarks may not be used in connection with any product or service that is not owned by GET FRESH in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits GET FRESH. Any trademarks not owned by GET FRESH that appear on this Contest Site are the property of their respective owners and may not be used in connection with any product or service that is not owned by the trademark owners in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the trademark owners. All of the above trademarks may not be copied, downloaded or otherwise exploited without the permission of GET FRESH or the owner of such trademark, service mark or trade name, except as explicitly permitted by the trademark owner. SEVERABILITY: If any provision of these terms, conditions and notices are found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions with remain in full force. RESOLUTION OF DISPUTES: These Terms and Conditions shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between contest participants, without regard to conflict of law provisions. You and GET FRESH agree to submit exclusively to the jurisdiction and venue of the Circuit Court for the County of Los Angeles, State of California.



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