The Mary Kay® “Find Your Pretty Place” Contest

Official Rules

THIS CONTEST IS INTENDED FOR PARTICIPATION ONLY IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (“TERRITORY”) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY, UNITED STATES LAW. DO NOT PARTICIPATE IN THE CONTEST IF YOU ARE NOT A LEGAL RESIDENT OF AND PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY OR YOU OTHERWISE DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES.

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. INTERNET ACCESS & VALID E-MAIL ADDRESS REQUIRED TO ENTER.

1. CO-SPONSORS:
   Mary Kay Inc., 16251 Dallas Parkway, Addison, TX 75001-6801. ABC National Television Sales, Inc., 77 West 66th Street, New York, NY 10023.
2. ADMINISTRATOR:
   LeadDog Marketing Group, Inc., 159 W. 25th Street, 2nd Floor, New York, NY 10001.
3. ELIGIBILITY:
   Contestants must be women 18 or older and legal residents of and currently physically residing in the 50 United States or the District of Columbia at time of entry.
   
   Employees of American Broadcasting Companies, Inc., ABC National Television Sales (collectively “ABC”), Mary Kay Inc. (“Mary Kay”), LeadDog Marketing Group, Inc., any organizations responsible for sponsoring, fulfilling or administering the Contest or supplying the prizes, and/or each of their respective parent, subsidiary, affiliated and successor companies, and immediate family and household members of such individuals, are not eligible to enter or win. Mary Kay Independent Beauty Consultants (“Consultants”) are not eligible to enter by, through or on their own behalf. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. Potential winners may be required to provide proof of eligibility upon request prior to prize award. Void where prohibited or restricted by law.
4. HOW AND WHEN TO ENTER:
   Contest begins at or about 12:01 a.m. on 2/22/10 and ends at 11:59 p.m. on 3/28/10 (“Promotion Period”). For purposes of these Official Rules (“Rules”), all times and days are Eastern Time. Administrator’s clock is the official time-keeping device for this Contest.
   
   To enter, go to www.findyourprettyplace.com during the Promotion Period and complete and submit the Internet Official Entry Form in its entirety, including your full name, mailing address, telephone number (with area code), date of birth, email address, and your Morning Story (collectively, “Entry”). The personal information collected by Mary Kay when you enter the Contest will be shared with Sponsors and Contest Administrator for purposes of offering/administering this Contest, including prize fulfillment. (For Mary Kay’s complete privacy policy, direct your Internet browser to http://www.marykay.com/privacystatement.aspx?tab=home.
   
   Your Morning Story should communicate how you feel in the morning when you wake up and start your day, and may consist of either (i) Up to three Photo(s) and Essay; OR (ii) a Video (“Submission”).
   1. Photo and Essay. If you select Photo and Essay, your Submission must include both photo(s) and an essay in order to be eligible. Upload your photo or photos illustrating your Morning Story and type your essay describing your Morning Story in the text box portion of the entry form, then click the “Submit” button. Essay must be no more than 150 words. Essay must be submitted online as part of the entry form (e-mail attachments will not be accepted). Maximum one (1) photo file may be uploaded; maximum 3 photographs may be included within the file, no larger than 3MB total in file size and in one of the following file formats: GIF, JPG, PDF, Word Document (.doc) or PowerPoint (.ppt). Photo or photos should be in color and recent (within the past 6 months). If entering with essay and photo, both essay and photo must be submitted in the same online session; piecemeal or partial submissions will not be accepted and are void. Internal image adjustments made within the camera are acceptable. However, externally modified (e.g. brightness adjusted or cropped), professionally enhanced or touched-up photographs will be disqualified.
   2. Video. If you select Video, upload a video describing and/or showing your Morning Story and click the “Submit” button. Video must be original (DO NOT COPY OTHERS’ WORKS) thirty (30) seconds in length or less and in either Windows Media or QuickTime file formats for online digital entry. Video file cannot exceed 5MB in size.
   Your face must clearly and prominently feature in your Submission. If you are not alone in your Submission, you must identify yourself in your photo and essay or video. All entries must be received before or by 11:59 p.m. ET on 3/28/10, when Contest ends. Repetitive automated electronic submission of entries is specifically prohibited and such entries are void. No joint or group entries will be accepted and such entries are void. ENTRY MUST BE SOLELY YOUR ORIGINAL WORK, OR YOU MUST HAVE BEEN ASSIGNED (AND BE ABLE TO DEMONTRATE SUCH IN WRITING) ALL RIGHT, TITLE AND INTEREST IN AND TO THE WORK FROM THE CREATOR/OWNER OF THE COPYRIGHT.
   
   Limit one (1) Entry per person or email address (regardless of whether one person has more than one email address or more than one person uses the same email address). IF YOU SUBMIT AN ESSAY AND PHOTO, YOU MAY NOT ALSO SUBMIT A VIDEO; IF YOU SUBMIT A VIDEO, YOU MAY NOT ALSO SUBMIT AN ESSAY AND PHOTO. Entries sent through unauthorized channels, agents or third parties will be disqualified. In the event of a dispute regarding Entry received from multiple users having the same email account, the authorized subscriber of the email account at the time of entry will be deemed to be the contestant, not the name on the entry form. Authorized account subscriber is the natural person who is assigned the email address by the Internet Service Provider (ISP), online service provider, or other organization responsible for assigning email addresses.
   
   FOR ALL SUBMISSIONS: Do not include any names, logos, trademarks or other third party content/property not owned by or wholly licensed to you in your Submission. Submission must not have been submitted to any other competition or contest or have been published elsewhere. If Sponsors determine, in their sole discretion, that Submission is inappropriate, indecent or unfit for publication, or if any Submission does not comply with the requirements set forth in these Rules, such Submission/Entry will be disqualified. Submission must not promote or advocate any cause (political, religious or otherwise) other than contestant’s participation in the Contest and the Contest theme (as indicated above). Submissions may not (and Sponsors and Contest Administrator reserve the right to disqualify any Entries that): 1) include nudity or what Sponsors, in their sole discretion, considers to be obscenity, pornography, racially offensive, sexually explicit, and/or offensive language/content, hate speech, drug/alcohol/tobacco usage or any illegal activity; 2) disparage Sponsors or any other party, including but not limited to their products, brands, services or trademarks; or are not appropriate for TV/Online broadcast (at Sponsors’ sole discretion); 3) contain acts of violence or aggression; or 4) contain any music. If a Submission is unable to be viewed by Contest Administrator for any reason whatsoever, that Entry shall be disqualified (and Released Parties, as defined below, will not contact potential contestant and will not be responsible or liable for inability to view Submission).
   
   By participating in this Contest, each contestant warrants and represents that she has fully complied with these Official Rules and that her Entry/Submission: (1) does not violate any law or regulation; (2) does not violate or infringe any right of any third party, including but not limited to intellectual property rights (such as but not limited to rights of copyright, trademark or patent) or rights of publicity or privacy; (3) does not include any person except the entrant, and if not, entrant has obtained written permissions from all persons that appear in the Submission, including the videographer or photographer if not entrant (if any person/videographer or photographer is a minor, such written permission has been obtained from such person’s/videographer or photographer’s parent/legal guardian. Upon Sponsor’s request, winner must submit proof of obtaining all necessary consents); (4) is not defamatory, slanderous or libelous, scandalous or obscene and does not portray any person in a false light; (5) is entirely contestant's own original work and/or contestant owns or controls all right, title and interest in and to the Submission, in whole or in part, including but not limited to its copyright; (6) has not been created for or submitted to any other competition or contest; (7) does not contain any virus, bugs, or other deleterious material; (8) does not contain the trademark, tradename or logo of any third party (but may contain a trademark, tradename or logo of Mary Kay); (9) does not name, depict or describe any person (living, dead, or fictional) other than the contestant and other persons who have given their written permission to appear in Submission (if such persons are minors, their parents/legal guardians have given their written permission); and (10) does not contain any material that is protected by copyright other than the copyright owned exclusively by the contestant, including but not limited to product labels (except those of Mary Kay). By entering, each contestant agrees to indemnify and hold harmless Released Parties (as defined below) from any threatened or actual claims, actions or liability arising out of or related, in whole or in part, to the Released Parties’ publication, broadcast, or use of a Submission, in whole or in part, or any of the rights granted by a contestant.
   
   If for any reason the Contest is not capable of running as planned, including but not limited to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, acts of God or civil disturbance or other causes that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest or render it impractical or impossible to complete or fulfill the Contest as originally planned (as determined by Sponsor in its sole discretion), the Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify and/or suspend the Contest. If terminated, Sponsor will conduct the Contest, select potential prize winners and make prizes available in a manner determined by Sponsor, at its sole discretion, to be fair, appropriate and consistent with these Official Rules. Notice of such action will be posted on www.findyourprettyplace.com.
   
   Sponsors Mary Kay, ABC, Administrator, and each of their respective parent, subsidiary, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the “Released Parties”) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, or illegible Entries, any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, destruction or unauthorized access to or alteration of Entries/Submissions or any problems or technical malfunctions of any telephone network or lines, computer systems, servers, or internet providers, computer equipment, software, failure of any e-mail or Entry/Submission to be received on account of technical problems or traffic congestion on the Internet or at any website, or for any other errors or malfunctions of any kind, whether technical, computer, typographical, printing, human or otherwise, or any combination thereof, including without limitation, errors or malfunctions which may occur in connection with the administration of the Contest, processing of Entries/Submissions, announcement of the prizes, or in any Contest related materials. Released Parties are not responsible for any injury or damage to any person’s (be it a contestant’s or a third party’s) computer related to or resulting from participation in or downloading any materials from this Contest. Persons who tamper with or abuse any aspect of the Contest, entry process, or website or who are in violation of these Rules, as solely determined by the Sponsor, will be disqualified and his/her Entries voided. And, Sponsor and/or Contest Administrator may take any other actions deemed appropriate in their sole discretion so as to protect their rights; in no event will disqualification be the sole remedy available to Sponsor and/or Contest Administrator.
   
   Contestants must provide a valid mailing address, telephone number and email address. Once submitted, all Entries become the property of Sponsor and will not be returned.
5. PRIZE(S):
   One (1) Grand Prize: Grand Prize Winner will receive a Mary Kay® Girls Night Out Party (“Party”) for Winner and up to 20 guests. Party includes light hors d’oeuvres and non-alcoholic beverages (“Catering”) and a Mary Kay product gift bag for winner and each guest in attendance. Party will be held at a location to be determined by Mary Kay at or near winner’s residence. Party menu is at sole discretion of Sponsors. Sponsors will provide Catering deemed suitable and appropriate, in Sponsors’ sole discretion, for winner and up to 20 guests. If winner expects fewer than twenty (20) guests for party, Catering/gift bags will be provided in amounts deemed appropriate by Sponsors in their sole discretion for actual number of anticipated guests and winner will not receive any compensation or alternate prize in conjunction therewith. Any guest who is not of the age of majority must be accompanied to Party by his/her parent or legal guardian who will also count as a guest. Winner is solely responsible for all other expenses related to the Party not specified herein.
   
   Party must occur prior to March 28, 2011. If potential Grand Prize Winner is unable to schedule Party by February 1, 2011, Party will be forfeited in full and Released Parties will have no further obligation to such potential Grand Prize Winner. All Party arrangements not specified in these Rules must be made by Grand Prize winner (i.e. transportation to/from Party venue for Party guests). Approximate Retail Value (“ARV”) per gift bag: $30. Total ARV of Grand Prize: $2,700. Subject to the terms herein, Grand Prize winner will be seen in Mary Kay television and/or online promotional content (“Promotional Visual”), which may include use of the winner’s Submission, in whole or in part, or may require an additional television or photo shoot in New York City or at a location near winner’s residence (“Shoot”), to be determined by Sponsors in their sole discretion.
   
   For Promotional Visual portion of prize, by participating, contestants understand and agree that:
   • Promotional Visual is subject to availability and production exigencies that will be determined by Sponsors in their sole discretion;
   • Should the Shoot portion of the prize be awarded, to receive Promotional Visual, winner may be required to travel on specific dates to be determined at Sponsors’ sole discretion, with the date of travel being tentatively scheduled for April or May 2010 (potential winner will be notified of actual date of travel at time of prize notification);
   • Promotional Visual may be non-speaking, and the duration, context, content and all other aspects of the Promotional Visual will be at the sole discretion of the Sponsors and/or any crew involved in the production of the Promotional Visual, with winner having no right of review or approval whatsoever;
   • Taping, if any, of Promotional Visual does not constitute a representation by Sponsors that Promotional Visual will appear on television or online more than once (or be otherwise broadcast in any medium) and such omission shall not result in any liability to Sponsors; and (v) Grand Prize winner must follow all instructions of Sponsors and/or any crew involved in the production of the Promotional Visual, with the understanding that failure to follow such instructions, inappropriate or anti-social behavior, as determined by Sponsors in their sole discretion, could lead to immediate termination of trip should the Shoot portion of the prize be awarded without warning or compensation of any kind.
   Without in any way limiting the foregoing, Sponsors are not responsible for termination, cancellation or preemption of Promotional Visual or any part thereof, or for other circumstances that make it impractical or impossible to fulfill the Promotional Visual portion of the Grand Prize. THIS ELEMENT OF THE GRAND PRIZE HAS NO RETAIL VALUE, AND IF IT BECOMES IMPRACTICAL OR IMPOSSIBLE TO FULFILL THIS ELEMENT, OR IF GRAND PRIZE WINNER CANNOT PARTICIPATE IN THE PROMOTIONAL VISUAL ON THE DATES SPECIFIED BY SPONSORS, OR FOR ANY OTHER REASON WITHIN SPONSORS’ ABSOLUTE DISCRETION (ASSUMING THAT THE SHOOT PORTION OF THE GRAND PRIZE IS AWARDED), SPONSORS’ ONLY OBLIGATION WILL BE TO PROVIDE THE REMAINDER OF THE GRAND PRIZE.
   
   SPONSORS MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO ANY PRIZE (OR ANY PRIZE ELEMENT), INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, EXCEPT AS MAY BE PROVIDED BY THE MANUFACTURERS.
   
   AS SET FORTH ABOVE, SPONSORS WILL DETERMINE IN THEIR SOLE DISCRETION WHETHER THE SHOOT COMPONENT OF GRAND PRIZE IS NECESSARY; AND, SHOULD SPONSORS DETERMINE THAT THE SHOOT IS NOT NECESSARY, SPONSORS’ LIABILITY TO GRAND PRIZE WINNER WILL BE LIMITED TO THE AFOREMENTIONED GRAND PRIZE PARTY COMPONENTS (AND, SPONSORS SHALL HAVE NO OBLIGATION TO AWARD THE TRIP PRIZE COMPONENT DESCRIBED IN THIS PARAGRAPH). If deemed necessary, Shoot may consist of the following elements: [1] Round-trip coach class air transportation for Winner and one (1) adult guest on a Sponsor-selected carrier between a Sponsors-selected major U.S. airport near Winner’s residence (“airport of origin”) to a Sponsors-selected airport in the New York City area (Sponsors may substitute train or car service transportation if Winner resides within approximately 250 miles of New York City, as determined by Sponsors in their sole discretion); [2] up to two (2) nights’ standard hotel accommodations (double occupancy, room and tax only); [3] Ground transfers between New York City area airport and Hotel; [4] Lunch and Dinner (excluding alcoholic beverages) while in New York City (up to a total of $500 for all meals). Travel arrangements must be booked through Sponsors’ agent. Travel arrangements cannot be changed in any way once booked and confirmed. Travel elements not redeemable for cash or transferable. Trip is subject to availability and other restrictions. Valid government-issued identification is required for air travel. Sponsors may choose (in their sole discretion) to conduct the Shoot at a location at or near winner’s residence. ARV of New York City Shoot: $2,000. Total ARV of Grand Prize (if New York City Shoot is included): $4,700.
   
   One Hundred (100) First Prizes: Each First Prize winner will receive one (1) Mary Kay “Morning Makeup Kit” Gift Bag that includes: TimeWise® Microdermabrasion Set, Mary Kay® Ultimate Mascara in black, Fragrance Free Satin Hands Pampering Set, Mary Kay® Tinted Lip Balm Sunscreen SPF, plus a limited edition coffee mug. ARV: $125 each. Total ARV of all First Prizes: $12,500.
   
   Total ARV of all prizes: $15,200. Total ARV of all prizes (if New York City Shoot is included): $17,200.
   
   All costs, expenses and incidentals associated with the acceptance and use of the prize not specifically listed herein as being awarded are the sole responsibility of Grand Prize Winner (including but not limited to: round-trip transportation between Grand Prize Winner’s residence and Party location, phone calls, fax, incidentals, gratuities, additional banquet charges, parking, taxes, and all other costs not otherwise mentioned herein.) Scheduling of Party is subject to availability (winner may not be able to have party on his/her choice of date), and some blackout dates and restrictions may apply.
   
   Prize award subject to verification and compliance with these Rules. Any federal, state and local taxes are the sole responsibility of the Grand Prize Winner, who will receive an IRS Form 1099 reflecting the final actual value of the Grand Prize. Each prize is non-refundable, non-transferable and may not be redeemed for cash or otherwise substituted by any winner in whole or in part. Sponsor reserves the right, in its sole discretion, to substitute a prize (or portion thereof) of comparable or greater value. All prize details are at Sponsors’ sole discretion.
   
   By accepting the Grand Prize, winner grants Sponsors, and their licensees, sublicensees, successors, and assigns (collectively, the “Rights Holders”) an exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable license and right to use, perform, exhibit, reproduce, distribute, and/otherwise exploit the Submission, in whole or in part, in any manner and in any media now known or hereafter devised.
   
   By accepting a First Prize, winner grants Rights Holders a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicensable license and right to use, perform, exhibit, reproduce, distribute, and/otherwise exploit the Submission, in whole or in part, in any manner and in any media now known or hereafter devised.
   
   For both Grand Prize and First Prize winners, the rights granted pursuant to the above-indicated license include, without limitation, the right to: (a) change, alter, distort, edit, or revise the Submission, in whole or in part and any element thereof; and (b) use, exploit, and make derivative works from the Submission, be it alone or in conjunction with other works of Rights Holders’ sole choosing, in any and all media (now known or hereafter devised). Both Grand and First Prize winners further waive any so-called “moral rights” in connection with their Submission and acknowledge that he/she has no right of review or approval of any use of Submission by Rights Holders. Should Rights Holders use Submission, Rights Holders have no obligation to attribute the Submission to winner; and, if Rights Holders elect to attribute the Submission to winner, Rights Holders will determine in their sole discretion, without review or approval by winner, the content, duration and context of such attribution. Nothing herein in any way obligates Rights Holders to use any Submission. Winner understands and agrees that he/she will receive no compensation award (other than the Grand or First Prize, as appropriate) in conjunction with winner’s grant of rights in the Submission to Rights Holders. Winner further agrees, upon Rights Holders’ request and without compensation of any kind to complete, sign and return any additional documents and/or take any other actions that may be required by Rights Holders so as to record, perfect and effect the preceding grant of rights in the Submission. Winner agrees to release and hold harmless the Sponsors, Rights Holders, and other Released Parties from any and all liability in conjunction with such grant of rights in the Submission.
6. HOW AND WHEN WINNERS WILL BE SELECTED AND NOTIFIED:
   The official judging panel, consisting of designated representatives of the Sponsors, will select winning entries from among all eligible entries received. Judging will be based on the following criteria: creativity/originality of Entry (25%); relevance to theme (25%); and perceived overall potential for on-air appeal to the Mary Kay audience (50%). In the event of a tie, the entry from among all such tied entries with the higher/highest score in overall potential for on-air appeal to the Mary Kay audience will be deemed the winning entry. The judging will be conducted on or about 4/5/10.
   
   One hundred (100) Potential First Prize Winners will be selected from all eligible entries received, subject to confirmation of eligibility. One (1) Potential Grand Prize winner will be selected on or about 4/5/10 from among all eligible Entries received during the Promotion Period. By participating, contestants agree to be bound to these Rules and the decisions of the Sponsor and the judging panel, which shall be final and binding in all respects.
   
   Potential winners will be notified by phone and/or email (at Sponsor’s discretion) on or about 4/5/10. To claim Grand Prize: (a) Potential Grand Prize Winner must provide proof of age, identity and residency satisfactory to Released Parties; (b) Potential Grand Prize Winner must execute and return an Affidavit of Eligibility/compliance with Rules, a Liability Release, Indemnification, and (unless prohibited by law) a Publicity Release and a Grant of Rights in Submission within three (3) days of the date printed on the prize notification. In addition, Sponsors may require First Prize winners to execute and return an Affidavit of Eligibility/compliance with Rules, a Liability Release, Indemnification and (unless prohibited by law) a Publicity Release and a Grant of Rights in Submission within indicated time period, should Sponsor decide to use First Prize Winners (and/or her Submission) in Mary Kay television and/or online content. Nothing herein shall be interpreted as in any way obligating Sponsors to use any First Prize winner or First Prize winners’ Submission in any television or online content.
   
   If potential winners do not reply to such notification within specified time period, an e-mail notification is undeliverable after up to 3 attempts and/or the Affidavit of Eligibility, Release and Indemnification, a Publicity Release, and/or any other required documents are not returned to Sponsors within specified time period for any reason, winner may be disqualified and an alternate winner selected. The Shoot portion of the Grand Prize (if deemed necessary in Sponsors’ sole discretion) will only be awarded to an alternate winner, time permitting. IF SPONSORS DEEMS THE SHOOT NECESSARY, Guest of Grand Prize winner must be 18 or older and must sign and return a Travel Companion Release prior to issuance of travel documents.
7. RELEASES:
   By participating in this Contest and/or accepting a prize, each contestant agrees: (i) to release the Released Parties from any and all alleged and/or actual actions, claims, injury, loss, liability, 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), costs and expenses (including, without limitation, reasonable attorneys’ fees, court costs, settlement and disbursements) arising out of or related to, directly or indirectly, in whole or in part, from participation in this Contest, participation in any Contest-related activities, and/or acceptance, possession, use and/or misuse of any prize (including travel or activity related thereto); and (ii) the Released Parties’ use of any of the rights granted by contestants (including but not limited to the Released Parties’ right to use a contestant’s name, voice, likeness, biographical data, city and state of residence in programming, advertising, promotional materials, or on a Winners List), in any and all media now or hereafter discovered (including without limitation the World Wide Web), worldwide in perpetuity, without further compensation, notification or permission, to the extent permitted by law. Further, by accepting prize, Grand Prize Winner agrees without additional compensation to participate, at time of Sponsors’ sole choosing, in interviews and/or other publicity activities which may include filming and/or audio recording and/or electronic recording, as may be determined by Sponsors from time to time in their sole discretion; and, winner further understands and agrees that the content of such interviews/publicity activities shall be the sole property of Sponsors, to the extent permitted by law, and winner agrees, upon Sponsors’ request, without further compensation to complete and sign any and all documents deemed necessary by Sponsors so as to record, perfect or effect Sponsors’ rights in said content.
   
   Released Parties are not obligated to use any of the above mentioned information or materials, but may do so and may edit, adapt and distort such information or materials, at Sponsors’ sole discretion, without further notification, review, permission, obligation or compensation. SPONSORS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES WHATSOEVER (EXPRESS OR IMPLIED) OF ANY KIND, INCLUDING THAT A WINNER WILL APPEAR IN ANY MARY KAY AND/OR ABC TV ON-LINE CONTENT, ADVERTISING OR OTHER MATERIALS, OR THAT A CONTESTANT WILL RECEIVE FUTURE ACTING OR MODELLING CONTRACTS, OR ANY OTHER PROFESSIONAL OR OTHER BENEFIT OF ANY KIND BY VIRTUE OF THEIR PARTICIPATION IN THIS CONTEST.
   
   Released Parties shall not be liable to winners or any other person for failure to execute the Contest, or supply a Prize or any part thereof, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any similar or dissimilar event beyond their reasonable control.
8. DISPUTES: ARBITRATION/CHOICE OF LAW:
   Except where prohibited, contestants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective, and (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (3) under no circumstances will contestant be permitted to obtain awards for and contestant hereby waives all rights to claim punitive, incidental and consequential damages 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 contestant and/or Released Parties in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of New York, without regard for conflicts of law doctrine of New York or any other jurisdiction, and all proceedings shall take place in the City of New York, County of New York.
9. WINNER’S LIST:
   For the names of the prize winners, available after 4/30/10, mail a self-addressed, stamped envelope to: Mary Kay “Find Your Pretty Place” Winners, c/o LeadDog Marketing Group, 159 West 25th Street, 2nd Floor, New York, NY 10001. Requests received after 5/31/10 will not be honored.