NO PURCHASE NECESSARY. Go to POSHCOUTURE.COM and share your favorite POSHCOUTURE nail designs or looks! Submit a photo of your nail designs in POSHNAILS.COM ("Photo") from any of your Twitter®, Facebook® or Instagram® accounts using #POSHYNAIL.
SUBMITTING YOUR PHOTO TO POSHCOUTURE, POSHYNAILS, #POSHYNAIL CONSTITUTES YOUR FULL AND UNCONDITIONAL AGREEMENT TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH ALL THE TERMS AND CONDITIONS THEN DO NOT SUBMIT YOUR PHOTO.
1. For good and valuable consideration, the receipt and sufficiency of which hereby is acknowledged, by submitting my photo, I hereby irrevocably grant to HCG, Inc., its subsidiaries, affiliates and assigns (hereinafter "POSHCOUTURE") the absolute, non-exclusive, worldwide, royalty free, no-cost, perpetual right, license and permission to use and otherwise exploit my Photo, and all images, text and materials depicted therein, in whole or in part, on POSHCOUTURE' public website and other POSHCOUTURE social media sites now known or hereinafter created throughout the world, including, without limitation, the right to display, reproduce, exhibit, distribute, copy, edit, change, modify, add to, subtract from or create derivative works there from.
2. By uploading, posting or sending your Photo to POSHCOUTURE or any of POSHCOUTURE' social media pages, you hereby warrant that the Photo is your original creation, has not been copied, recreated, reproduced, previously published, derived from or otherwise taken in whole or in part from any other work and the Photo does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, or violate applicable laws or regulations. You also warrant and represent that each person in the Photo has given their written permission and consent to be included in the Photo and displayed publicly on POSHCOUTURE' website and other POSHCOUTURE social media sites and that you shall furnish such permission and consents promptly to POSHCOUTURE upon request.
3. I hereby agree that POSHCOUTURE may use the Photo, or any derivative works created there from, alone or in conjunction with my name and or my online identified (e.g. a Twitter or Instagram handle), in connection with its trade and any advertising and promotional purposes in any media now existing or hereafter created in any territory throughout the world without any compensation due me or any additional consents or permissions from me or any third party and without prior notice, approval or inspection. I further agree to indemnify and hold POSHCOUTURE, its officers, directors, and employees (collectively the "Releases") harmless from any and all claims by any third party against any of the Releases (and related damages, expenses, costs, including reasonable attorney's fees, liabilities, verdicts, judgments and settlements) arising out of use of my Photo or any breach of my representations herein, including but not limited to claims of infringement or violation of trademark, copyright, or other intellectual property rights, rights of publicity, or rights of privacy. Upon submission of my Photo I hereby release POSHCOUTURE and Releases from, and irrevocably waive, any and all claims that POSHCOUTURE' use of my Photo with or without my name, including but not limited to use on POSHCOUTURE' social media sites, infringes or violates my rights in my Photo or any work or material contained in my Photo.
4. Photos that include any of the following are not eligible for posting on POSHCOUTURE' website or other POSHCOUTURE social media pages and will immediately be deleted: (i) name, image or likeness of any identifiable celebrity or famous person; (ii) any trademark, logos, brand name or trade name (or variations or parodies of them) of any company or person other than POSHCOUTURE; (iii) any materials that are determined, in POSHCOUTURE's sole and exclusive judgment, to be profane, obscene or contain nudity or defamatory material; or (iv) words, symbols or other material considered in the opinion of POSHCOUTURE to be offensive to persons based on race, national origin, ethnicity, religion, gender, sexual orientation, disability, or socioeconomic or demographic characteristic or to be likely to harm POSHCOUTURE' or another company's or person's reputation.
5. All Photos must comply with these Official Terms and Conditions. I understand and agree that nothing herein shall obligate POSHCOUTURE to display or otherwise use my Photo and that POSHCOUTURE may decline posting my Photo or choose to delete my Photo from its website or any of its social media websites at any time for any reason whatsoever. You may submit multiple Photos, however each Photo must be substantially different from your other entries. Photos will not be returned or acknowledged. POSHCOUTURE reserves the right to cancel, suspend and/or modify its websites, social media pages and these Terms and Conditions at any time.
6. If for any reason POSHCOUTURE's website or other social media pages are not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, integrity or proper conduct the website or social media pages, POSHCOUTURE reserves the right, at its sole discretion to cancel, terminate or modify its websites and/or social media pages. POSHCOUTURE shall not have any liability resulting from (i) any person's ability or inability to upload or download any Photo onto any of POSHCOUTURE' social media sites; (ii) technical problems or malfunctions that affect POSHCOUTURE' website or social media sites which affect or prevent the viewing of the Photos and/or website; (iii) lost, faulty, illegible, distorted, jumbled, garbled, delayed, or intercepted or otherwise un-received, Photos or data transmissions; (iv) unauthorized tampering, interference, hacking activities or viruses, bugs, worms or illicit code, or (v) any condition beyond POSHCOUTURE' control.
7. Facebook®, Twitter®, Instagram®,and other similar social media forums are registered Trademarks of their respective companies and not affiliated with POSHCOUTURE. Any submission via these or other similar social media sites are subject to all rules and regulations of such sites. If you choose to submit your Photo using your mobile phone, standard data fees may apply.