1. DESCRIPTION OF THE CONTEST
The New York Fashion Week Contest (“Contest”) is comprised of two parts: (1) A domestic contest (“Domestic Contest”) in which only residents of the fifty United States and the District of Columbia may compete, and (2) an International contest (“International Contest”) that will be open to persons who reside overseas, with the exception of those countries specifically excluded in the Eligibility paragraph below. In both cases, entrants must submit a video (“Video”) up to 15 seconds, via Twitter, Instagram or Facebook with the theme, “Why I Love New York Fashion Week.” As indicated below, certain rules apply solely to the Domestic Contest, others apply exclusively to the International Contest, and remaining rules apply to both. The Contest begins at 12:00 AM PT (USA) on August 5, 2015 and ends at 11:59 PM PT (USA) on August 25, 2015 (“the Entry Period”).
The Domestic Contest is open to legal residents of the United States and the District of Columbia who, at the time the Video is submitted, have reached the age of majority in their jurisdictions of residence (18 except in AL, NE 19 and MS 21). The International Contest is open to persons who reside outside the U.S. and who are at least 18 years of age at time the Video is submitted, except residents of Iran, North Korea, Sudan and Syria. Employees of WME Entertainment Company (“Sponsor”), the International Management Group, and their respective affiliates and advertising and Contest agencies (collectively, the “Excluded Parties”) and members of their immediate families and/or persons who reside intheir respective households are not eligible to enter either Contest. The Contest is subject to all applicable U.S. federal and state laws and is void where prohibited by law.
3. HOW TO ENTER (BOTH CONTESTS)
To participate in the either Contest, you must have a computer or a mobile device (e.g., mobile phone or tablet) that can access the Internet and an account on Instagram, Facebook and/or Twitter to participate. If you do not already have an account on Instagram, Facebook and/or Twitter, you can create one for free on each platform. To learn how to create anaccount on each platform without charge, visit: http://instagram.com (Instagram), http://www.facebook.com (Facebook) and http://www.twitter.com (Twitter). All terms and conditions of Instagram, Facebook and Twitter apply. You must have a data service plan with your wireless service provider or wireless internet service for your web-enabled mobile device to participate. By participating in this Contest, you understand that internet access and device data usage charges and any other charges imposed by your mobile plan and/or online service will apply. Contact your wireless carrier and/or check your mobile plan for data usage pricing/details.
To enter using Twitter, launch the Twitter application during the Entry Period and send a tweet including the Video and Contest hashtag [#ILOVENYFW]. NOTE: Before entering using Twitter, the “Protect my Tweets” option in yourTwitter account settings must be set to “OFF” and must remain OFF during the entire Contest Period or your submission will not be eligible. Limit one tweet per person.
To enter using Instagram, launch the Instagram application during the Entry Period and post your Video including the Contest hashtag [#ILOVENYFW] in the caption of the post. NOTE Before entering using Instagram, the “Private Account” option in your Instagram account settings must be set “Off” and must remain OFF during the entire Contest Period or your submission will not be eligible.
To enter using Facebook, launch the Facebook application during the Entry Period and post your video to Sponsor’s Facebook page located at http://www.facebook.com including the Contest hashtag [#ILOVENYFW] in thecaption of the post. Multiple participants are not permitted to share the same Instagram, Facebook and/or Twitter account.
This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram, Facebook or Twitter. By entering, you understand that you are providing your information to Sponsor and not to Instagram, Facebook or Twitter.
4. VIDEO RESTRICTIONS (BOTH CONTESTS)
(1) Your Video must contain only English language and must be your original work to which you have exclusive rights and interest. (2) Only you and no other person may appear in your Video. (3) Videos cannot be sexually explicit or suggestive, be derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, or be profane or pornographic. (4) Videos cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (5) Videos cannot defame, misrepresent or contain disparaging remarks about people or companies. (6) Videos cannot promote any brand or product of any kind (other than that of the Sponsor), or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses. (7) Videos cannot contain prominent copyrighted materials owned by others as determined by Sponsor. (8) Videos cannot contain materials embodying the names, likenesses, or other indicia identifying any person, living or dead without permission. (9) Videos cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate. (10) Videos cannot depict any illegal acts and cannot itself be in violation of any law.
5. GRANT OF RIGHTS (BOTH CONTESTS)
By entering, you represent and warrant and agree that you have solely created your Video and that all elements of your Video submitted by you are original with you, and are not copied from any other work, and do not infringe upon the rights of any third party. You retain ownership of the Video. However, by entering you grant the Sponsor the perpetual, fully-paid, irrevocable, license to publish, reproduce, prepare derivative works to display, broadcast, digitize, otherwise use, and permit others to use the Video throughout the world in whole or in part, in any manner, form or format now or hereinafter created, including on the Internet, and for any purpose, including, but not limited to, the advertising or thepromoting of Sponsor and Contest, all without further consent from or payment to you. By submitting your Video, youagree that Sponsor has no obligation to post or publish your Video, that all such postings or publication, if any, will be in Sponsor’s sole discretion.
The excluded Parties are not responsible for any unauthorized third party use of your Video. Videos will not be acknowledged and will not be received or held “in confidence” and a submission does not create a confidentialrelationship or obligation of secrecy between you and the Sponsor or any of its affiliates.
Sponsor reserves the right to disqualify any Video for any reason in its sole and absolute discretion. Sponsor is under noobligation to disclose why a Video has been disqualified other than the Video was ineligible under these Official Rules. Furthermore, the Sponsor reserves the right to not award all prizes if, in its sole and absolute discretion, it does not receive a sufficient number of eligible and qualified Videos.
6. THE JUDGING (BOTH CONTESTS)
The Video will be reviewed by a panel of judges selected by the Sponsor, according the following criteria: (1) Originality (60%), quality of Video (20%) and relevance to theme (20%). In the event of ties, the Video with the highest score in originality will be deemed the winner. If ties still remain, the highest score in quality of Video will govern. If ties still remain, the judges will re-judge the tied Video(s) according to the judging criteria and select the winners. The decisions of the Judges and Sponsor are final and binding.
7. WINNER NOTIFICATIONS (BOTH CONTESTS)
On or about August 5, 2015, Sponsor will notify potential winners by posting a public comment on the potential winning post on Instagram, Facebook or Twitter (via @ reply) and, on Instagram and Facebook, by a direct message sent from Sponsor’s account to the potential winner’s Instagram or Facebook account, as applicable (the “WinnerNotification”). Please check your Instagram and Facebook direct message inboxes. Potential winners must respond to the Winner Notification within twelve (12) hours by providing their email addresses to allow Sponsor to communicateprivately with potential winners. If a potential winner fails to respond within the twelve (12) hour period or if the Winner Notification is returned as undeliverable or fails to reach the potential winner for any reason or if the potential winner fails to respond for any reason as directed, the potential winner will be disqualified, and the entrant with the next highest score will be selected as an alternate winner, and will be subject to disqualification in the same manner. In this event, Sponsor will select up to three (3) alternate potential winners, who will be subject to disqualificationin the same manner.
Winners must respond within 12 hours by email to [firstname.lastname@example.org] that they have received a winner notice and that they accept the prize listed in paragraphs 9 and 10. Failure to respond within the time limit may result in disqualification. If you accept a prize as an International Contest winner, you will receive no further notices from Sponsor unless Sponsor, in its sole discretion, deems it necessary. If you are a Domestic Contest winner, youwill be required to sign and return an affidavit of eligibility and a liability/publicity release (Collectively, “the Release”) within 7 days of the date specified in the document. You are not a Domestic Contest prize winner until your eligibility has been verified. If you fail to return the Release within 7 days in the overnight return envelope provided by Sponsor, or your Release is returned to Sponsor as undeliverable, you may be disqualified in the Sponsor’s sole discretion and alternate winners will be selected who will be subject to the same notice requirements. In the event all or part of the Domestic Contest prize is unavailable for any reason, Sponsor may substitute prize (or portion thereof) with elements of equal or greater value. In the event of a dispute as to the person who submitted the winning Video, the prize will be awarded to the primary holder of the Facebook, Twitter or Instagram account.
8. PUBLICITY (DOMESETIC CONTEST ONLY)
By accepting a prize, you hereby grant Sponsor and its designees the right (unless otherwise prohibited by law) to use your name, Video, your town/state of residence, and likeness for advertising and promotional purposes without furthercompensation.
9. GRAND PRIZE (DOMESTIC CONTEST)
The winner will receive a trip for two to New York to attend Fashion Week between September 10 and 17, 2015. Trip consists of round trip coach air transportation from major airport nearest winner’s residence, Double hotel accommodations for up to 8 days, and $1,400 spending money. Total value of the prize is $6,400. Actual value depends on location of winners’ residence and prevailing costs of airfare and hotel accommodations. Trip must be takenon dates specified by Sponsor. Winner and guest must travel on the same itinerary. If the winner resides within 150 miles of New York, winner and guest will be provided with ground transportation. Winner’s guest must be 18 or older or the child or ward of the winner. Winner’s guest must sign a liability/publicity release prior to the issuance of travel documents. If the winner’s guest is his/her minor child or ward, winner must sign liability/publicity release on guest’s behalf. All travel and hotel reservations must be made through Sponsor’s agent. Winner is responsible for all applicable federal, state and local taxes on the prize and will receive an IRS Form 1099 that reflects the actual value of the prize.
10. TIER ONE AND TIER TWO PRIZES (INTERNATIONAL AND DOMESTIC CONTESTS)
Five to Ten, Tier One winners will have their Videos displayed on-screen during the Fashion Week event. Ten to Thirty Tier Two winners will have their Videos featured online at NYFW.com and @NYFW during Fashion Week. Sponsor, in its sole discretion, will decide how many Tier One and Tier Two prizes will be awarded. The prizes have no monetary value.
11. RELEASE (BOTH CONTESTS)
By accepting a prize, you agree to indemnify the Excluded Parties and hold them harmless from and against any andall losses, damages, rights, claims or causes of action of any kind, that they may incur, in whole or in part, directly or indirectly, in connection with your participation in the Contest or from your acceptance, possession, use, or misuse of a prize awarded in the Contest.
12. GENERAL CONDITIONS (BOTH CONTESTS)
Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award prizes from among the eligible Videos received up to the time of the impairment. No more than the stated number of prizes in these official rules will be awarded. Sponsor, in its sole discretion, reserves the right to disqualify any individual who tampers withthe Video process or the operation of the Contest or who acts in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
13. WARNING (BOTH CONTESTS)
Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
14. LIMITED LIABILITY (BOTH CONTESTS)
The Excluded Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by you, by printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited, to malfunctions, interruptions, or disconnections in phone lines or network hardware or software or social media platforms; (3) unauthorized human intervention in any aspect of the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the announcement of the prize or in any Contest-related matter or materials; or (5) any injury or damage to you or to other persons or property that may arise in connection with your participation in the Contest.
15. DISPUTES (BOTH CONTESTS)
Except where prohibited, by participating, you agree that: (i) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court or appropriate California State Court located in Los Angeles; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest but in no event attorneys’ fees; and (iii) you hereby waive all rights to claim indirect, punitive, incidental and consequential damages and any other damages other than for actual out-of-pocketexpenses, and you waive all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and Sponsor in connection with the Contest,shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
16. ENTRANT'S PERSONALLY IDENTIFIABLE INFORMATION (BOTH CONTESTS)
17. WINNER NAME (DOMESTIC CONTEST)
For the name of the winner send a self-addressed stamped envelope with proper postage affixed. The winner’s name will be made available for 30 days following the end of the Sweepstakes.