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 OR RESTRICTED BY LAW. BY ENTERING THIS CONTEST, ENTRANTS ACCEPT AND AGREE TO BE BOUND BY THESE OFFICIAL RULES AND REPRESENT THAT THEY SATISFY ALL OF THE ELIGIBLITY REQUIREMENTS.
1. Eligibility. This contest (“Contest”) is open to registered users of Polyvore who are legal residents of the fifty (50) U.S. states excluding Rhode Island and are at least eighteen (18) years of age or older at the time of entry. If you do not meet these requirements, you are not eligible to enter the Contest. Officers, directors, and employees of either Polyvore (“Sponsor”), or Elizabeth Arden, Inc. (“Challenge Partner”), or of 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.
2. Entry Period. The Entry Period begins November 11, 2013 at 12:01 am Eastern Standard Time (“EST”) and ends November 15, 2013 at 11:59pm EST (the “Deadline”). All entries must be received by the Deadline to be eligible to win a prize.
4. Winner Selection & Notification. One winner will be selected by the Challenge Partner with input from Sponsor. The winning entries will be selected based on creativity, positive representation of brand message, composition, and style expertise. The winner will be announced on the Polyvore contest page on or around November 25, 2013 (the “Decision Deadline”). The Sponsor will attempt to contact the winner by email (“Selection Notification”) within fourteen (14) days of the Decision Deadline at the email address provided in the corresponding entrant information. The winner must respond to the Selection Notification within seven (7) days from the date the Selection Notification was sent. If the winner does not respond within that time, the winner forfeits all rights to the prize and an alternate winner may be selected. Winner must meet the eligibility requirements for the Contest as described above and all other terms and conditions contained herein. The Sponsor will determine whether a winner meets all requirements. A winner who does not meet all requirements for the Contest will be disqualified and an alternate winner may be selected. All decisions of the Sponsor regarding the 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. Winners 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.
5. Prizes. One (1) First Place winner will be chosen. The First Place prize consists of a Two Hundred dollar ($200.00) promotional code to be used exclusively on http:\\www.elizabetharden.com and two (2) Shoshanna dresses (approximate value $375.00 each).
Total Approximate Retail Value (“ARV”) of First Place Prize: $950.00.
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.
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 (excluding Sets) 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, for both the Sponsor and the Challenge Partner, and/or others authorized by the Sponsor and/or the Challenge Partner, to use, reproduce, modify, create derivative works from, print, publish, transmit, distribute, sell, perform, adapt, enhance, and display the Entry, including Sets, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes, 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 the Challenge Partner, and/or others authorized by Sponsor and/or the Challenge Partner, shall have the absolute right to edit, adapt, and modify the Entry in any manner they see fit. 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 and Challenge Partner’s rights as set forth above in this paragraph.
8. Release. By entering the Contest, entrant releases Sponsor, participating sponsors, Challenge Partner, 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 Contest 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 Winner’s Name, Likeness, etc. Except where prohibited by law, entry into the Contest constitutes permission to use each winner’s name, city, state, 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, city, state, 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, winners will 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 November 25, 2013 and before November 25, 2014 to Sponsor at the address listed below, Attn: ELIZABETH ARDEN SHOSHANNA CONTEST Winners List. To obtain a copy of these rules, send a stamped, self-addressed business-size envelope to Sponsor at the address listed below, Attn: ELIZABETH ARDEN SHOSHANNA CONTEST Rules Request. Residents of VT may omit return postage.
12. Consent and Indemnification. Entrants are solely responsible for their own actions and agree to defend, indemnify, and hold harmless the Sponsor, Challenge Partner, and Shoshanna Collection, LLC, and each of their respective parent companies, subsidiaries, divisions, affiliates, successors, assigns, licensors, licensees, and the officers, directors, employees, and agents thereof, from any liability for losses, damages, or injuries arising out of or in connection with their participation in the Contest or the award of a prize.
13. Disclaimer. Sponsor, all participating sponsors, Challenge Partner, and Shoshanna Collection LLC, and each of their respective parent companies, subsidiaries, divisions, affiliates, successors, assigns, licensors, and licensees, and the officers, directors, employees, and agents thereof, will not be responsible for entries that are lost, received after the Entry Period, misdirected, incorrect, garbled, corrupted, 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. The Sponsor, Challenge Partner, and Shoshanna Collection LLC are 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 their sole discretion without liability. THE SPONSOR, CHALLENGE PARTNER, AND SHOSHANNA COLLECTION LLC, 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 OF 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 Sponsor’s terms of service at http://www.polyvore.com/cgi/terms-of-service, Sponsor’s Community Guidelines at http://help.polyvore.com/entries/20927627, or the Official Contest Rules, 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. 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.
15. 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, without reference to its choice of law rules. 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. Sponsor. This Contest is sponsored by Polyvore, Inc., with its principal place of business at 100 View Street Suite 101, Mountain View, CA 94041.