SUNLESS INCORPORATED FREE SUNLESS TANNING SESSION
CERTIFICATE TERMS AND CONDITIONS
By establishing a LiveSunless account and accepting a Sunless Incorporated (“Sunless”) certificate for one free sunless tanning session at the participating Sunless location stated on the certificate (“Certificate”), you hereby agree to these terms and conditions (“Terms”).
Certificate: Certificates will be issued by Sunless to individuals who create a LiveSunless account no later than 11:59:59 PM Eastern Time on April 30, 2011. Certificates will only be valid at the participating Sunless location stated on the Certificate and for first-time Sunless users or individuals who have not used Sunless tanning services since April 1, 2010. One Certificate per individual and per household. One use per Certificate. Only the LiveSunless account creator named on the certificate may use the Certificate issued in connection with the creation of the LiveSunless account. Certificate may not be combined with any other promotional offer. Certificates have no cash value. No purchase necessary. Void where prohibited. Approximate retail value of each Certificate is $30.
Eligibility: Employees of Sunless, including any affiliate or subsidiary, and their relatives, including but not limited to spouses, parents and children, are not eligible. Must be 18 or older to participate.
Privacy Policy: Information collected in connection with the creation of a LiveSunless account will be used to create a user profile accessible through the LiveSunless mobile application, whereby users may identify LiveSunless approved locations, watch videos, receive special offers, and enter posts to the LiveSunless community, Facebook and/or Twitter about the LiveSunless experience. All collected information is subject to Sunless’ Privacy Policy, as the policy may be amended from time to time by Sunless. Your creation and use of a LiveSunless account is subject to Sunless’ Terms of Use, as such terms may be amended from time to time by Sunless. For a copy of Sunless’ current Privacy Policy and/or Terms of Use, please contact Sunless at (877) 668-8826 or visit http://www.LiveSunless.com.
General: By creating a LiveSunless account and using the LiveSunless Certificate received in connection therewith, you agree to release and hold harmless MT Industries, Inc., doing business as Sunless Incorporated and its subsidiaries, affiliates, and/or customers, and their employees, officers, and agencies, from any and all damages, injuries, claims, causes of action, or losses of any kind resulting from your use of your LiveSunless account and your use of the Certificate. Sunless shall, in its sole discretion, have the right, in its sole discretion, to disqualify any LiveSunless account created by an individual and to abbreviate, modify, suspend, cancel, or terminate the validity of the Certificate and/or your LiveSunless account. All disputes, claims and causes of action at law or in equity (individually, “Claim”) arising out of or relating to the creation of a LiveSunless account and/or use of the Certificate shall be resolved by applying the laws of Ohio, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within that state. LIVESUNLESS ACCOUNT CREATORS, BY CREATING A LIVESUNLESS ACCOUNT AND ACCEPTING THE SUNLESS CERTIFICATE, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SUNLESS AND LIVESUNLESS ACCOUNT CREATORS. LIVESUNLESS ACCOUNT CREATORS, BY CREATING A LIVESUNLESS ACCOUNT AND ACCEPTING THE SUNLESS CERTIFICATE, SPECIFICALLY AND KNOWINGLY WAIVE ANY RIGHT TO A CLASS STATUS AND AGREE TO INDIVIDUALLY RESOLVE ANY CLAIM. THE MAXIMUM AGGREGATE MONETARY LIABILITY OF MT INDUSTRIES, INC., SUNLESS INCORPORATED OR ANY AFFILIATES OR SUBSIDIARIES THEREOF, UNDER ANY THEORY OF LAW, SHALL NOT EXCEED THE RETAIL VALUE OF THE CERTIFICATE ISSUED IN CONNECTION HEREWITH. IN NO EVENT WILL MT INDUSTRIES, INC., SUNLESS INCORPORATED, OR ANY AFFILIATES OR SUBSIDIARIES THEREOF, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM THE CREATION OF A LIVESUNLESS ACCOUNT OR USE OF THE CERTIFICATE, HOWEVER ARISING, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
