Terani Instagram Contest
March 24, 2017 10:00AM PST and end March 28, 2017 11:59PM PST
TERANI INSTAGRAM CONTEST (“OFFICIAL RULES”)
IMPORTANT: PLEASE READ THESE OFFICIAL RULES CAREFULLY BEFORE ENTERING CROWDSTAR’S TERANI STYLE CHALLENGE CONTEST (“CONTEST”). BY ENTERING THE CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT YOU SATISFY ALL OF THE ELIGIBILITY REQUIREMENTS IN PARAGRAPH 1 BELOW.
NO PURCHASE NECESSARY TO ENTER OR WIN; PURCHASE WILL NOT INCREASE ODDS OF WINNING.
CROWDSTAR, INC. (“SPONSOR”) IS THE SPONSOR OF THIS CONTEST. THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR AFFILIATED WITH ANY OTHER ENTITY INCLUDING TERANI COUTURE. WITHOUT LIMITING THE FOREGOING, THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR AFFILIATED WITH FACEBOOK, INSTAGRAM, APPLE, GOOGLE OR ANY OTHER ENTITY VIA WHICH YOU ACCESS THE COVET FASHION GAME (EACH A “PLATFORM”).
1. Eligibility. THE CONTEST IS ONLY OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, INCLUDING THE DISTRICT OF COLUMBIA (BUT EXCLUDING RHODE ISLAND) WHO ARE AT LEAST 18 YEARS OLD AND HAVE REACHED THE AGE OF MAJORITY IN THEIR STATE BY THEIR DATE OF ENTRY. THE CONTEST IS ALSO OPEN TO RESIDENTS OF THE NETHERLANDS, UNITED KINGDOM, AUSTRALIA, AND NEW ZEALAND WHO ARE 18 YEARS OLD AND HAVE REACHED THE AGE OF MAJORITY IN THEIR COUNTRY BY THEIR DATE OF ENTRY. IF YOU ARE NOT A LEGAL RESIDENT OF THESE AREAS, YOU ARE NOT ELIGIBLE TO WIN A PRIZE. Directors, officers and employees of Sponsor, and any of its parents, affiliate companies, subsidiaries, and their respective agents, professional advisors, advertising, promotional, Web design and hosting agencies (collectively, the “Participating Entities”), immediate families of such persons, and any other persons connected with the production or distribution of this Contest, are not eligible to win any prizes. To be eligible to win the prize, entries must be completed and received by the Sponsor in the format designated in paragraph 3 below. The Sponsor reserves the right to disqualify any entry from the Contest if, in the sole judgment of Sponsor, an entrant is not eligible or has not complied with these Official Rules. Without limitation of the foregoing, all of an entrant’s entries will be disqualified, at the sole discretion of the Sponsor, if entrant attempts (a) to participate in or enter the Contest through any means other than as described in these Official Rules, (b) provides information that is inaccurate or fraudulent, or (c) attempts to disrupt the Contest or circumvent these Official Rules. ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. CONTEST VOID WHERE PROHIBITED.
2. Contest Period. The contest period will begin March 24, 2017 10:00AM PST and end March 28, 2017 11:59PM PST (the “Deadline”) (the time period, the “Contest Period”). All entries must be received by Sponsor by the Deadline to be eligible to win the prize.
3. How to Enter. To be able to submit an entry, one must submit an entry through his or her accounts with (a) Sponsor’s game, Covet Fashion, (the “Game”) and (b) Instagram, as more specifically described below.
The Game may be downloaded from either Apple or Google at https://itunes.apple.com/us/app/covet-fashion/id620112416?mt=8 or https://play.google.com/store/apps/details?id=com.crowdstar.covetfashion&hl=en. The Game is free to download. Instagram may be downloaded from Apple’s App Store (https://itunes.apple.com/us/app/instagram/id389801252?mt=8) or Google Play (https://play.google.com/store/apps/details?id=com.instagram.android). To Sponsor’s knowledge Instagram is free to download. Entrants should consult their wireless service provider regarding its pricing plans. Message and data rates may apply for usage of the Game and the Instagram app, as well as downloading these applications. Entrants should review their mobile device’s capabilities for specific app instructions.
4. Prizes. One prize will be awarded to a winner. The prize is a dress to be selected by Terani Couture from its Spring 2017 collections with an approximate retail valueof USD $125-$645 (the “Prize”).
Odds of winning the Prize depend on number of eligible entries received. ARV may not reflect local or resale value. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNER. An IRS Form No. 1099 may be issued to all winners for the value of such winner’s Prize. Title and risk of loss to the Prize shall pass to winners upon Sponsor’s delivery of the Prize to a common carrier. Prize returned as undeliverable or otherwise not claimed within seven (7) days after delivery of notification will be forfeited and awarded to an alternate winner. Prize is not transferable. No substitutions or exchanges (including for cash) of the Prize will be permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value for the Prize. Limit one prize per household or address. Actual appearance and features of the Prize shall be selected by Terani Couture in its sole discretion and may vary from photos, descriptions and specifications used in print and electronic advertising, information materials and third-party resources. THE PRIZE IS 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).
5. Winner Selection. The winner will be determined from all eligible entries on or around April 7, 2017 (“Decision Deadline”). From the pool of eligible entries a panel of three (3) judges chosen by Sponsor will pick a winner, subject to Sponsor’s further confirmation, based on originality (33%), creativity (33%) and fashion expertise (34%). In the event of a tie, a new panel of judges, selected by Sponsor, will review and re-score the tied entries to determine the winner, subject to Sponsor’s further confirmation. All decisions of the judges regarding this Contest are final and binding in all respects.
The Sponsor will attempt to contact the winner by the email address associated with the Game account they used to enter the Contest, Instagram message, or by in-game message (“Selection Notification”) within fourteen (14) days of the Decision Deadline to confirm the winner’s eligibility. The winner must meet the eligibility requirements for the Contest as described above. The Sponsor will determine whether the winner who has responded to the Selection Notification within the time allowed meets those requirements. Recipients of Selection Notifications must respond to the Selection Notification within two (2) days from the date the Selection Notification has been sent to claim the Prize. If a winner does not respond within that time, the winner forfeits all rights to the Prize and an alternate winner will be selected. If the alternate winner does not respond within two (2) days from the date the Selection Notification has been sent to such alternate winner or Sponsor is unable to confirm such alternate winner’s eligiblity, a further alternate winner mayor may not be selected, in Sponsor’s sole discretion.
6. Disclaimer/General Release/Limitation of Liability. Sponsor, the Platforms and all other Participating Entities will not be responsible for: (a) any late, lost, misrouted, garbled or distorted or damaged transmissions or entries, which may be disqualified; (b) failure to access a cellular network or Internet or send a text message or otherwise transmit anything for any period of time, regardless of telephone, electronic, hardware, software, network, Internet or other computer- or communications-related malfunctions or failures; (c) any Contest disruptions, injuries, losses or damages caused by events beyond the control of Sponsor; (d) any technical, pictorial, typographical or editorial errors or omissions in these Official Rules or any marketing materials associated with the Contest; or (e) any injury or damage to entrant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. By entering the Contest, you release and agree to indemnify, defend and hold harmless Sponsor, the Platforms and all their respective shareholders, directors, officers and employees, one and all, and all Participating Entities from any liability whatsoever (including, without limitation, for damage to entrant’s or any other person or entity’s cellular or computer hardware or software or communications network, regardless of cause), 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 or misuse 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. IN NO EVENT WILL SPONSOR, THE PLATFORMS OR PARTICIPATING ENTITIES, THEIR AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES.
7. Use of Winner’s Name, Likeness. Except where prohibited by law, entry into the Contest constitutes permission to use a winner’s name, address, likeness, identifying characteristics and/or Prize information for promotional purposes in perpetuity, including but not limited to the taking of photographs and/or videos by Sponsor for publicity purposes and posting the names and images of the winner on Sponsor’s Facebook or other Platform fan page, without further permission or compensation. If selected as a winner, the winning entrant agrees to execute any and all documents requested by Sponsor to convey such rights to own all the results thereof. As a condition of being awarded the Prize, except where prohibited by law, the winner (1) waives the right to (a) assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize, and (b) claim any liability (including attorney’s fees and costs) that might arise from using, receiving, redeeming or seeking to redeem the Prize (including any travel related thereto); and (2) may be required to execute a written consent to the use of their name, likeness and/or Prize information, without limitation, for promotional purposes without further permission or compensation. Nothing contained herein shall be deemed to obligate Sponsor to make use of any of the rights granted herein and the winner waives any right to inspect or approve any such use of any and every nature and kind.
8. Affidavit & Release. As a condition of being awarded the Prize, the winner will be required to execute and deliver to Sponsor a signed Affidavit of Eligibility, Liability, and Publicity Release within two (2) days of the winner being notified of his or her status as a potential winner. Failure to properly complete, sign and return the Affidavit of Eligibility, Liability, and Publicity Release, or any other documents that the Sponsor requires winners to fill out and execute as a condition of being awarded the Prize, within such two (2)-day timeframe may result in such winner forfeiting the Prize and the selection of an alternate winner. All forms or other documents may be considered incomplete if they are incomplete or contain errors.
9. Winners’ List; Rules Request. For a copy of the Contest winners list, send a stamped, self-addressed, No. 10 business-size envelope, within (30) days of the end of the Contest Period, to: CrowdStar, Inc., 330 Primrose Road, Burlingame, CA 94010 Attn: CrowdStar COVET FASHION TERANI INSTAGRAM CONTEST Winners’ List. To obtain a copy of these Official Rules, send a stamped, self-addressed business-size envelope to CrowdStar, Inc., 330 Primrose Road, Burlingame, CA 94010 Attn: CrowdStar COVET FASHION CONTEST TERANI INSTAGRAM CONTEST Official Rules Request. Residents of Vermont may omit return postage.
10. Early Termination. Sponsor reserves the right to terminate, suspend or modify the Contest if in Sponsor’s sole determination it believes that the integrity of the Contest has been, or could be, compromised or that the Contest is not capable of running as planned for any reason, including, without limitation, infection by network virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure or any other cause. In the case of early termination, the winner may be drawn from eligible entries received up to the time of cancellation, in Sponsor’s sole discretion.
11. Governing Law. The Contest and these Official Rules will be governed, construed and interpreted under the laws of the state of California. Entrant agrees that any and all disputes, claims and causes of action arising out of or connected with the Contest or any prizes awarded, and all issues and questions concerning the validity, interpretation and enforceability of these Official Rules, shall be resolved individually, without resort to any form of class action, and exclusively in the state or federal courts sitting in San Francisco County, California. By entering the Contest, you irrevocably consent to the jurisdiction of such courts.
13. Platforms. The Contest is in no way sponsored, endorsed or administered by, or associated with, any Platform. Please contact Sponsor with any questions about this Contest. Please do not direct any communications about this Contest to any Platform.
14. Additional Terms. In case of dispute as to the identity of any entrant, entry will be declared made by the authorized account holder of the email address submitted at time of entry. Authorized Account Holder is defined as the natural person who is assigned an email address by an Internet access Sponsor, online service Sponsor, or other organization (e.g., business, educational, institution) responsible for assigning email addresses or the domain associated with the submitted email address. Any potential winner may be requested to provide Sponsor with proof that such winner is the authorized account holder of the email address associated with the winning entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR APPLICATION OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
15. Submissions. Any data, text, graphics, photographs and their selection and arrangement, and any other materials submitted by you in connection with the Contest (hereinafter “Submissions”) are subject, whether in whole or in part, to unlimited commercial, non-commercial and/or promotional use by Sponsor. Submissions are not confidential and will not be returned to you. You represent and warrant that your Submissions are original to you and that you exclusively own the rights to such Submissions, including the right to grant all of the rights and licenses herein incurring any third party obligations or liability arising out of its exercise of such rights and licenses. You hereby grant to Sponsor a worldwide, irrevocable, perpetual, non-exclusive, transferable, fully paid-up and royalty-free license, (with the right to sublicense), to use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit your Submissions and all derivative works. To the extent permitted by applicable laws, you hereby waive any moral rights you may have in your Submissions.
16. Miscellaneous. For all matters arising out of or relating to the Contest, you agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding in all respects. No entrant or winner shall have the right to contest any decision by the Sponsor concerning any aspect of the Contest or the interpretation of the Official Rules or the determination as to the qualification of entries. Sponsor reserves the right to change these Official Rules at any time, in its sole discretion, and to suspend, modify or cancel the Contest or any entrant’s participation in the Contest if viruses, bugs, unauthorized human intervention or other causes beyond the Sponsor’s control affect the administration, security or proper play of the Contest or if the Sponsor otherwise becomes incapable of running the Contest as planned (all such decisions made by Sponsor in its sole discretion). Entrants who violate these Official Rules, tamper with the operation of the Contest or engage in any conduct that is detrimental or unfair to Sponsor, the Contest or any other entrant (in each case as determined in the Sponsor’s sole discretion) are subject to disqualification from entry into the Contest. The Sponsor reserves the right to ban, restrict or lock out persons whose eligibility is in question or who have been disqualified or are otherwise ineligible to enter the Contest. If any provision of these Official Rules shall be deemed to violate any federal, state or local law, it shall be amended to conform to such law and all other provisions shall remain in full force and effect. All federal, state and local laws and regulations apply.
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