Official Rules and Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING THIS CONTEST, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT THEY SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN PARAGRAPH 1 BELOW.
1. Eligibility. This contest (“Contest”) is open to registered users of Polyvore who (i) receive the Polyvore Insider Newsletter dated [INSERT], (ii)are legal residents of the fifty U.S. states excluding Rhode Island and the District of Columbia, United Kingdom, Taiwan, Malaysia, Netherlands, El Salvador, Honduras, Mexico, Nicaragua, Belize, Bolivia, Paraguay, Suriname, Canada (excluding Quebec), China (excluding Hong Kong) and Australia and (iii) are 18 years of age or older. If you are not a resident of these areas, you are not eligible to win a prize and Polyvore, Inc. (the “Sponsor”) reserves the right not to award prizes to entrants who reside in other jurisdictions. Officers, directors, and employees of Polyvore, and any other party having responsibility for the development or administration of this Contest, and the immediate family members (e.g., parents, children, siblings, spouse) of the foregoing, are prohibited from entering the Contest. Any violation of the Official Rules may result in disqualification. The Sponsor has no obligation to notify violators of their disqualification.
2. Entry Period and Voting Phase. The Contest runs between August 5 2014 and August 31, 2014]. The Entry Period begins September 1, 2014 00:00 AM PST and ends September 30, 2014 11:59:59 PM PST (the “Deadline”). All entries must be received by the Deadline to be eligible to win a prize. The Voting Phase begins September 1, 2014 00:00 AM PST and ends September 30, 2014 11:59:59 PM.
4. Winner Selection & Notification. During the Voting Phase, registered Polyvore users can vote for the entries that style the Polyvore tote the best by “liking” an entrant’s Set. Sponsor, whose decisions regarding the Contest and related matters are final and binding, will select the top 50 entries that have received the most “likes” to receive a prize. In addition, the entrant who created the most entries during the Entry Period will also receive a prize. The winners will be announced in the November newsletter on or around November 11, 2014 (the “Decision Deadline”). In the event of a tie for any prize, the Sponsor will serve as the final judge and award the prize based on originality and creativity of the entries. The Sponsor will attempt to contact each winner by email (“Selection Notification”) within 14 days of the Decision Deadline at the email address provided in the entrant information. Recipients of Selection Notifications must respond to the Selection Notification within seven (7) days from the date the Selection Notification has been sent. If a winner does not respond within that time, the winner forfeits all rights to the prize and an alternate winner may be selected. Winners must meet the eligibility requirements for the Contest as described above. The Sponsor will determine whether each winner who has responded to the Selection Notification within the time allowed meets those requirements. Winners who do not meet the eligibility requirements for the Contest will be disqualified and alternate winners may be selected. All decisions of the judges regarding this Contest are final and binding in all respects.
In the event of a dispute about the identity of the entrant, entries made online will be declared made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry.
5. Prizes. The top 50 entrants with the most “liked” entries will receive a Polyvore Tote (approximate retail value of $20). The entrant who creates the most entries will receive a Polyvore “swag” bag, containing the following: Polyvore T-shirt, Polyvore measuring tape, Polyvore purse hook, Polyvore mason jar, Polyvore nail art, Polyvore tote, Polyvore mirror, and Polyvore lip balm. (approximate retail value of $75). No substitution of prizes is permitted except by Sponsor. All prizes are awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).
6. Taxes. All federal, state and/or local income and other taxes, related to the acceptance and/or use of the prize, if any, are a winner’s sole responsibility. Sponsor shall not have any obligation to pay any taxes related to awarding the prizes.
7. Ownership and License. All entry materials (excluding Sets) become the property of the Sponsor and will not be acknowledged or returned. Entry into this Contest constitutes entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, modify, create derivative works from, print, publish, transmit, distribute, sell, perform, adapt, enhance, and display such Entry for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor, and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Entry. The Sponsor, and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Entry. You agree to take, at Sponsor's expense, any further action (including, without limitation, execution of affidavits and other documents) reasonably requested by Sponsor to effect, perfect or confirm Sponsor's ownership rights as set forth above in this paragraph.
8. Release. By entering the Contest, entrant releases Sponsor, participating sponsors and any of their respective parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the "Released Parties") from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with the Contest or delivery, misdelivery, acceptance, possession, use of or inability to use any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory.
9. Use of Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use winners' name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation. As a condition of being awarded any prize, except where prohibited by law, winners may be required to execute a consent to the use of their name, address, likeness and/or prize information, without limitation, for promotional purposes without further permission or compensation.
10. Affidavit & Release. As a condition of being awarded any prize, winners will be required to execute and deliver to Sponsor a signed affidavit of eligibility and acceptance of these Official Rules and release of liability.
11. Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after August 31, 2014 and before August 31, 2015 to Sponsor at the address listed below, Attn: Polyvore Tote Swag Newsletter Contest. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Polyvore Tote Swag Newsletter Contest. Residents of VT may omit return postage.
12. Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless the Sponsor, its parent, subsidiaries, divisions and related companies and its officers, directors, employees, agents, successors, assigns and licensees from any liability for losses, damages or injuries arising in connection with their participation in the Contest or the award of a prize.
13. Disclaimer. Sponsor, all participating sponsors, and any of their respective parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees and agencies will not be responsible for entries that are lost, received after the Entry Period, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at the Sponsor’s servers or elsewhere, will not be eligible for consideration in the Contest. The Sponsor is not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. THE SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.
14. Disqualification. The Sponsor, in its sole discretion, reserves the right to disqualify any person that it determines has violated Sponsor’s terms of service at http://www.polyvore.com/cgi/terms-of-service, Sponsor’s Community Guidelines at http://help.polyvore.com/entries/20927627, or the Official Contest Rules, tampered with the entry process, the integrity of the voting process, or the operation of the Sponsor’s web site. Use of bots or other automated process to enter Contests is prohibited and may result in disqualification at the sole discretion of the Sponsor. The Sponsor further reserves the right to cancel, terminate or modify the Contest 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.
15. Miscellaneous. This Contest is subject to all applicable federal, state, and local laws and regulations and is not available to those residing in jurisdictions where such contests are prohibited. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of California, without reference to its choice of law rules. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by binding arbitration under the auspices of JAMS (Judicial Arbitration and Mediation Service) in Santa Clara, California. These Official Rules will bind all contestants, and their respective heirs, representatives, successors and permitted assigns. These Official Rules supersede any prior oral or written agreements relating to rules or procedures for the Contest. These Official Rules may be changed at any time, but only by the Sponsor and only by posting new rules on the Sponsor’s web site. These Official Rules will not be construed to impose upon the Sponsor any obligations for any losses, debts or other obligations incurred by any Contest participant.
16. Sponsor. This Contest is sponsored by Polyvore, Inc., with its principal place of business at 100 View Street Suite 101, Mountain View, CA 94041