Official Rules and Regulations

Official Contest Rules

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. BY ENTERING THIS CONTEST, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED CONTEST. PRIZE ACCEPTANCE DOCUMENTS MAY BE REQUIRED. SPONSOR OWNS ANY AND ALL CONTENT SUBMITTED BY ENTRANTS AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.

BY ENTERING THIS CONTEST, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. Eligibility. This Nordstrom Holiday Challenge (“Contest”) is open to registered users of Polyvore who are legal residents of 50 U.S. states or D.C., 18 years of age or older. Officers, directors, and employees of Polyvore, Inc (the “Sponsor”), Nordstrom, (the “Prize Provider”), 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 May 21, 2012 at 12:01a.m. Pacific Standard Time (PST), and ends May 25, 2012 at 11:59 p.m. PST (the “Entry Period”). All entries must be received during the Entry Period.

3. How to Enter the Contest. Entrants visit the Sponsor’s website at http://www.polyvore.com to create an outfit or collage (hereafter referred to as a “Set”) using the tools provided on the website. Entrants follow instructions posted on the website to submit Sets for the Contest during the Entry Period. Each Set must contain at least one featured item from the Prize Provider (each such Set is hereafter referred to as an “Entry”). Entrants may submit an unlimited number of Entries. Entrants represent and warrant that their Entries are the original works of such entrant, have not been copied from others, and do not violate the rights of any other person or entity. All entrant information, including e-mail addresses, is subject to the respective Privacy Policy of the Sponsor. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. For purposes of this Contest, an entry is "received" when the Website’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or "thanks for entering" message) does not constitute proof of actual receipt of an entry for purposes of this Contest. The Website's database clock will be the official time keeper for this Contest. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their Entry, or abide by these Official Rules or other instructions of Sponsor may be disqualified.

4. Winner Selection & Notification. Winners will be selected by the Prize Provider with input from the Polyvore Community team. Winning entries will be judged based on creativity, positive representation of brand message, composition and style savvy. 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 savvy 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 savvy will be rejudged using the same criteria. The winners will be announced on Polyvore contest page on or about November 30, 2011 (the “Decision Deadline”). The Sponsor will also 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 potential winner may be required to submit an affidavit of eligibility/release of liability/prize acceptance agreement (collectively, the "Affidavit") and return the Affidavit within three (3) days before being eligible to receive his or her prize. The Sponsor will determine whether each winner meets those requirements only for those winners who have responded to the Selection Notification within the time allowed. 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 first place winner will receive a $500 Nordstrom Gift Card. Two runners-up will receive a $250 Nordstrom Gift Card. Total Retail Value of all prizes: $1,000.00. No substitution of prizes is permitted except by Sponsor and Prize Provider. Winner must connect with Nordstrom within 14 days of being contacted by Nordstrom.

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 Prize Provider shall have any obligation to pay any taxes related to awarding the prizes.

7. Ownership and License. Ownership of Entries/Use of Content. All entry materials (including Entries) become the property of the Sponsor and Nordstrom 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, for the Contest Entities, 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 Prize Provider, 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, Prize Provider, and/or others authorized by Sponsor or Prize Provider shall have the right to edit, adapt and modify the Entry. Subject to applicable law, winner irrevocably grants Sponsor and Prize Provider and its licensees, and its and their successors, assigns and sublicensees the right and permission to use their name, voice, likeness and/or biographical material for advertising, promotional and/or publicity purposes in connection with the Contest, in all forms of media and by all manners (now and hereafter known), and on and in connection with related products, services, advertising and promotional materials (now known or hereafter developed), worldwide, in perpetuity, without any obligation, notice or consideration except for the awarding of the prize to the winner. Entrants agree not to issue any publicity concerning Sponsor or Prize Provider. Entrants are granted a non-exclusive, revocable, limited license to use the content provided on the Website, including, without limitation, content relating to the Picture, only in connection with submission to the Contest. Any other use of such content is prohibited and may be grounds for disqualification and/or legal action for infringement.

8. Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify and hold harmless the Sponsor, the Prize Provider, their respective parents, subsidiaries, divisions and related companies and the officers, directors, employees, agents, successors, assigns and licensees from any liability for any losses, damages or injuries arising in connection with their participation in the Contest or the award of a prize, including, without limitation, property damage, personal injury and/or death arising out of participating in the Contest, or the acceptance, possession, use or misuse of any prize, travel to/from any Contest-related activity, and claims based on publicity rights, defamation or invasion of privacy.

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. Winner may be required to show proof of behind the authorized account holder. In the event a dispute regarding the indentify of the individual who actually submitted an Entry cannot be resolved to Sponsor’s satisfaction, the affected Entry will be deemed ineligible; (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 PRIZE PROVIDER 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 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. ENTRANTS HEREBY WAIVE ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED BY BOTH SPONSOR AND ENTRANTS.

10. Event of Force Majeure. In the event Sponsor is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Contest.


11. 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, without giving effect to any choice of law or conflict of law, rules or provisions that would cause the application of any other state’s laws. 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 Prize Provider any obligations for any losses, debts or other obligations incurred by any Contest participant. The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Contest-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

BY ENTERING THE CONTEST, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.

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.