Official Rules and Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. BY ENTERING THIS SWEEPSTAKES, 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 sweepstakes (“Sweepstakes”) is open to individuals who complete a survey regarding the Polyvore and Social Networks during the Entry Period (the “Survey”), (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 such older age of majority in the individual’s jurisdiction) or older. If you are not a resident of these areas, you are not eligible to win a prize and Polyvore, Inc. (the “Sponsor” or “Polyvore”) reserves the right not to award prizes to entrants who reside in other jurisdictions. Officers, directors, and employees of Polyvore, Qualtrics (the “Survey Provider”), and any other party having responsibility for the development or administration of this Sweepstakes, and the immediate family members (e.g., parents, children, siblings, spouse) of the foregoing, are prohibited from entering the Sweepstakes. 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 Sweepstakes runs between April 3, 2015 and April 10, 2015. The Entry Period begins April 3rd 11:00 AM PST and ends April 10th 11:59:59 PM PST (the “Deadline”). All entries must be received by the Deadline to be eligible to win a prize.
4. Winner Selection & Notification. Ten individuals completing the Survey or submitting the Alternative Method of Entry during the Entry Period will be chosen at random to be the winners. The Winners will be notified on or around April 17th, 2015 (the “Decision Deadline”). Sponsor will serve as the sole and final judge of the Entries. The Sponsor will attempt to contact the Winners by email (“Selection Notification”) within fourteen (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 potential Winner does not respond within that time, the individual forfeits all rights to the prize and an alternate Winner may be selected. Winners must meet the eligibility requirements for the Sweepstakes as described above. The Sponsor will determine whether the Winner who has responded to the Selection Notification within the time allowed meets those requirements. If a Winner does not meet the eligibility requirements for the Sweepstakes, that Winner will be disqualified and an alternate Winner may be selected. All decisions of the judges regarding this Sweepstakes 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 winners may be required to provide Sponsor with proof that the potential winners are the authorized account holders of the e-mail address associated with the winning entries.
5. Prizes. The Winners will receive a Polyvore Tote bag, ARV of $10 USD. The total retail value of all prizes is $100 USD. No substitution of prizes is permitted except by Sponsor. Each prize is non-transferable and is limited to one per person/household. 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 become the property of the Sponsor and/or Survey Provider and will not be acknowledged or returned. Entry into this Sweepstakes 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. 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 Sweepstakes, entrant releases Sponsor, Survey Provider, participating sponsors (if any) 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 Sweepstakes 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 Winners’ Name, Likeness, etc. Except where prohibited by law, entry into the Sweepstakes constitutes permission to use winner’s 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, the 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, a winner may 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 April 17th, 2015 and before April 17th, 2016 to Sponsor at the address listed below, Attn: Polyvore Social Networks Feedback Survey. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: Polyvore Social Networks Survey
12. Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless the Sponsor, the Survey Provider, and each of their parent, subsidiaries, divisions and related companies and all officers, directors, employees, agents, successors, assigns and licensees of Sponsor or any such entity from any liability for losses, damages or injuries arising in connection with their participation in the Sweepstakes or the award of a prize.
13. Disclaimer. Sponsor, Survey Provider, 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 Sweepstakes. The Sponsor and Survey Provider is not responsible for errors in the administration or fulfillment of this Sweepstakes, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Sweepstakes based upon such error at its sole discretion without liability. THE SPONSOR AND THE SURVEY PROVIDER MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS SWEEPSTAKES 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 the Official Sweepstakes Rules, tampered with the entry process, the integrity of any voting process, or the operation of the Survey or the Sponsor’s web site. Use of bots or other automated process to enter Sweepstakes 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 Sweepstakes 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 Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is not available to those residing in jurisdictions where such sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 or Survey Provider any obligations for any losses, debts or other obligations incurred by any Sweepstakes participant. All trademarks used herein are the property of their respective owners.
16. Sponsor. This Sweepstakes is sponsored by Polyvore, Inc. 100 View Street, Suite 100, Mountain View, California,94041 USA