Official Rules and Regulations 1. Eligibility. This contest (“Contest”) is open to registered users of Polyvore who are legal residents of the fifty U.S. states or the District of Columbia and 18 years of age or older. Officers, directors, and employees of Polyvore, Inc (the “Sponsor”), J. C. Penney Corporation, Inc (the “Challenge Partner”), and any other party having responsibility for the development or administration of this Contest, and the immediate family members (i.e., 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. Contest begins December 2, 2011 at 6:30pm EST and ends December 5, 2011 at 11:59pm EST (the “Entry Period”). All entries must be received during the Entry Period.
4. Winner Selection & Notification. Winners will be selected by the Challenge Partner with input from Sponsor. The Winning entry will be judged based on creativity, positive representation of brand message, composition and style expertise. Winning entries will be judged based on creativity, positive representation of brand message, composition and style expertise. In the event of a tie, the Entry with the highest score in creativity will be deemed the winner from among the tying Entries with the highest total score. If ties still remain, the Entry with the highest score in style expertise will be deemed the winner from among the tying Entries with the same score in the creativity. If ties still remain, the tying Entries with the same total score and the same score in creativity and style expertise will be rejudged using the same criteria. The winner and the user tagged in the winning Set will each be eligible to win a prize from the Challenge partner. The winning entry will be announced on Polyvore contest page on or about 12/20/11 (the “Decision Deadline”). 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. Contest is void where prohibited.
5. Prizes. The winner and the user tagged in the Winning Entry will each receive a Worthington® Double-Breasted Coat. Approximate Retail $300. No substitution of prizes is permitted except by Sponsor.
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. Neither the Sponsor nor the Challenge Partner shall have any obligation to pay any taxes related to awarding the prizes.
7. Ownership and License. All entry materials (including Entries) 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.
8. Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless the Sponsor, the Challenge Partner, their parents, subsidiaries, divisions and related companies and the 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. Sponsor agrees unconditionally to defend, indemnify and hold harmless the Challenge Partner and its subsidiaries, and their respective officers, agents and employees, from and against any and all loss, liability and expense (including reasonable attorneys' fees) suffered or incurred by reason of any claims, proceedings or suits based on or arising out of (i) any breach or alleged breach of the foregoing representations and warranties made by Sponsor; or (ii) the Sponsor’s website infringes upon the intellectual property rights of any third party.
9. Disclaimers. (i) 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. Entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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 institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) the Sponsor, in its sole discretion, reserves the right to disqualify any person that it determines has 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. (iii) 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. (iv) 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. (v) THE SPONSOR AND CHALLENGE PARTNER MAKE 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. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE SPONSOR’S WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
10. 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. 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 Medication 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 or the Challenge Partner any obligations for any losses, debts or other obligations incurred by any Contest participant.
11. WINNERS. For Winner name send a self-addressed stamped envelope by 12/20/11 to: jcpenney "Polyvore Secret Santa" Challenge Winner, Attn: KM, 6501 Legacy Dr., MS 5301, Plano TX 75024.
12. Sponsor. This Contest is sponsored by Polyvore, Inc., with its principal place of business at 100 View Street Suite 101, Mountain View, CA 94041.