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.
Eligibility. This contest (“Contest”) is open to registered users of Polyvore who (i) receive the Polyvore Insider Newsletter dated December 17, 2015, (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.
Entry Period. The Contest runs between December 17, 2015 and December 31, 2015. The Entry Period begins December 17, 2015 00:00 AM PST and ends December 31, 2015 11:59:59 PM PST (the “Deadline”). All entries must be received by the Deadline to be eligible to win a prize.
Winner Selection & Notification. The winners will be announced in the on or around January 31, 2016 (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.
Prizes. 2 winners will receive a pair of the Donna Day Boots (approximate retail value of $550.00). 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).
ALL FEDERAL, STATE, PROVINCIAL AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Prizes returned as undeliverable or otherwise not claimed within thirty (30) days after delivery of notification will be forfeited and awarded to an alternate, randomly determined winner. Prizes are not transferable. No substitutions or exchanges (including for cash) of any Prizes will be permitted, except by Polyvore. Any difference between the actual value of a Prize and the approximated value of a Prize as stated in these Official Rules will not be awarded. 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). The actual model, color, accessories and features of each Prize awarded will be selected by Polyvore in its sole discretion and may vary from photos used in print and in advertising, including the Promotion Posts.
Winners who do not meet the eligibility requirements for the Promotion will be disqualified. All decisions of the judges regarding this Promotion are final and binding in all respects. To claim a Prize, winners must follow the instructions contained in their notification.
Entry Materials. Each Entrant hereby grants to Polyvore a non-exclusive, perpetual, transferable, irrevocable, sub-licensable, royalty-free, and worldwide license to use, modify, reproduce, publish, perform, display, distribute, make derivative works of and otherwise commercially and non-commercially exploit all content submitted by Entrant (the “Entry Materials”) in any manner or medium now existing or hereafter developed, without separate compensation to Entrant or any other person or entity.
Representations. You hereby warrant and represent that (a) you either own all rights to all Entry Materials, or have sufficient rights in such Entry Materials to fulfill your obligations hereunder; (b) all Entry Materials do not violate, misappropriate or infringe any copyright, trademark or other proprietary right of any other person or entity, including, without limitation, any applicable third party or open source licenses; and (c) without limiting the foregoing, you have a valid license permitting your use of any applications in connection with any and all Entry Materials.
General Release. By entering the Promotion, you release Polyvore, Modern Vice 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 Promotion or delivery, mis-delivery, 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.
Indemnity. You agree to indemnify and hold the Released Parties, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of the Released Parties arising out of or in connection with (i) any of your entries in this Promotion; (ii) any breach by you of any warranty, agreement or representation contained in the Official Rules, the Polyvore terms of service or in any documentation submitted by you; (iii) your conduct during and in connection with this Promotion or participation in any Promotion-related activity; or (iv) the acceptance, use or misuse of any Prize.
Use of Name, Likeness, etc. Except where prohibited by law, entry into the Promotion constitutes permission to each winner's name, physical address, email address, biographical information, 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, physical address, email address, biographical information, likeness and/or Prize information, without limitation, for promotional purposes without further permission or compensation. Furthermore, the identifications of all Entrants may be disclosed to indicate such Entrant’s participation in the Promotion.
Affidavit & Release. As a condition of being awarded any Prize, winners will be required to execute and deliver to Polyvore a signed affidavit of eligibility and acceptance of these Official Rules and release of liability in a form determined by Polyvore.
Winners List; Rules Request. For a copy of the winners list, send a stamped, self-addressed, business-size envelope after February 1, 2016 and before February 1, 2017 to Polyvore at 701 First Ave, Sunnyvale, California 94089, Attn: Winners List “Modern Vice Contest”. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to Polyvore at 701 First Ave, Sunnyvale, California 94089, Attn: Official Rules Request, “Modern Vice Contest”
Copyright Notice; Trademark Usage. The Promotion and these Official Rules are Copyright © 2015 by Polyvore, all rights reserved. Any trademarks used in these Official Rules are the intellectual property of their respective owners.
Miscellaneous. Except where prohibited, as a condition of participating in this Promotion, each Entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Promotion, or any Prize awarded, or the determination of winners, shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an Entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than such Entrant's actual out-pocket expenses (e.g., costs associated with entering this Promotion). Each Entrant further waives all rights to have damages multiplied or increased.
The Promotion and these Official Rules will be governed, construed and interpreted under the laws of the State of California, without reference to conflicts of laws principles and any matters or proceedings which are not subject to arbitration as set forth in these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of California, County of Santa Clara. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Promotion. Any controversy or claim arising out of or relating to these Official Rules and/or this Promotion shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of California, County of Santa Clara, and judgment on the arbitration award may be entered into any court having jurisdiction thereof
Entrants agree to be bound by these Official Rules and by the decisions of Polyvore, which are final and binding in all respects. Polyvore reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend or cancel the Promotion or any Entrant's participation in the Promotion should viruses, bugs, unauthorized human intervention or other causes beyond Polyvore’s control affect the administration, security or proper play of the Promotion or Polyvore otherwise becomes (as determined in its sole discretion) incapable of running the Promotion as planned. Entrants who violate these Official Rules, tamper with the operation of the Promotion or engage in any conduct that is detrimental or unfair to Polyvore, the Promotion or any other Entrant (in each case as determined in Polyvore’s sole discretion) are subject to disqualification from entry into the Promotion. If you have any questions about these Official Rules or the Promotion, please email them to email@example.com or send written questions to: Promotion Administrator, Polyvore, Inc., 701 First Ave, Sunnyvale, California 94089.
Disclaimer. Polyvore and its parent companies, subsidiaries, affiliates, directors, officers, professional advisors, employees, and agents shall not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries; (b) telephone, electronic, hardware, software, network, Internet, or other computer- or communications-related malfunctions or failures; (c) any Promotion disruptions, injuries, losses or damages caused by events beyond Polyvore’s control; or (d) any printing or typographical errors in any materials associated with the Promotion.
Sponsor. This Promotion is sponsored by Polyvore, Inc. (“Polyvore”) with its principal place of business at 701 First Ave, Sunnyvale, California 94089.