#LUCKYinARTafterDARK INSTAGRAM CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
The # LUCKYinARTafterDARK Instagram Contest (the "Contest") begins at 6:00 P.M. Hawaii-Aleutian Standard Time ("HAST") on October 25, 2013 and ends at 9:00 P.M. HAST on October 25, 2013 (the "Entry Period"), when all entries must be received. Hawaii-Aleutian Standard Time shall control for all purposes of this Contest. Sponsor's computer is the official time-keeping device for the Contest. The Contest is governed by these Official Rules and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
- ELIGIBILITY: The Contest is open only to legal residents of the State of Hawaii, who are 18 years of age or older at the time of entry and in attendance at the ARTafterDARK event at the Honolulu Museum of Art (the "Event") during the Entry Period. Proof of residency and age may be required. Employees of Lucky Brand Dungarees, Inc. ("Sponsor") and its parent, subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor-designated judges, whose decisions shall be binding and final in all respects relating to this Contest.
- PHOTO REQUIREMENTS: The Photo must comply with the following requirements: (i) it must be clear that the Photo was taken during the Event and at the Honolulu Museum of Art; (ii) other than the Sponsor, its brands and/or logos, the Photo may not show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its brands and/or this Contest; (iii) the Photo must be entrant's own original work, created solely by entrant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Photo may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Photo cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Photo cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Photo cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (viii) the Photo cannot depict and cannot itself be in violation of any law; and (ix) No flash photography is allowed in any of the galleries of the Honolulu Museum of Art; (x) No photographs may be taken in and/or of the Artists of Hawaii 2013 and the Georgia O’Keeffe and Ansel Adams: The Hawai‘i Pictures galleries; and (xi) the Photo must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Photo that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
- GRANT OF RIGHTS: Each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Photo for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each person who enters this Contest represents and warrants as follows: (i) the Photo is owned by entrant and has not been previously published, distributed or otherwise exploited; (ii) the Photo is wholly original with entrant and, as of the date of submission, the Photo is not the subject of any actual or threatened litigation or claim; (iii) the Photo does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (iv) the Photo does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
- SELECTION OF WINNER: There will be one (1) winner selected by the Sponsor-designated judges from all eligible entries received, based upon the most creative entry. Odds of winning depend on the nature, quality and number of eligible entries received during the Entry Period. Decisions of judges are final and cannot be appealed.
- PRIZE: The winner will receive one (1) VIP styling session, consisting of a style consultation session at the Honolulu, Hawaii-based Lucky Brand store of winner's choosing and a $350.00 store credit at that store. Approximate retail value ("ARV") of the prize is $350.00.
- PRIZE CONDITIONS/REDEMPTION: The winner must redeem the prize at a Lucky Brand store located in Honolulu, Hawaii in order to receive the VIP styling session and redeem the store credit. Prize must be redeemed by no later than December 31, 2013 and winner must contact Paige Yingst, Lucky Brand Marketing Manager, at PYingst@luckybrand.com to make arrangements for the VIP styling session and issuance of store credit. All costs and expenses associated with the acceptance and/or use of the prize to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes, are the sole responsibility of the winner. Prize is non-transferable and no substitutions or cash equivalents are allowed, except in the sole discretion of Sponsor. Any portion of the prize not accepted or unclaimed and/or unused by the winner will be forfeited and will not be substituted. No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). ARV of all prizes in is U.S. dollars. Prize is provided "as is" without warranty of any kind, either express or implied, and Sponsor hereby disclaims all such warranties, including but not limited to, the implied warranties of merchantability and/or fitness for a particular purpose.
- WINNER NOTIFICATION: On or about, October 31, 2013, potential winner will be notified via Instagram through an "instag" by Sponsor at the winner on their winning Photo, which will notify the winner that they have won and to contact Sponsor by messaging Sponsor through Facebook message. In Sponsor's discretion, potential winner may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate winner, if any.
- NO TAMPERING, RIGHT TO CANCEL, MODIFY: Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive Instagram accounts, technical difficulties associated therewith or an entrant's failure to adequately monitor his/her Instagram or email account; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) using any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest promotion, including the entire Contest promotion, and/or modify the Contest and/or award the prize based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.
- RELEASE OF LIABILITY; DISCLIAMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in the Contest, entrants and winner agree to release and hold harmless Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, the Contest, or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest. Entrants and winner acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof. Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or 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. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in Los Angeles, California. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.
- SPONSOR: Lucky Brand Dungarees, Inc., 540 S. Santa Fe Ave., Los Angeles, CA 90013. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Any and all questions, comments or complaints regarding the Contest must be directed only to Sponsor and not Instagram or Facebook.
- WINNER LIST: To obtain a copy of the winner's list, available after October 31, 2013, send a self-addressed, stamped envelope to: # LUCKYinARTafterDARK Instagram Contest, 540 S. Santa Fe Ave., Los Angeles, CA 90013, for Sponsor's receipt by November 30, 2013.
Copyright 2013 Lucky Brand Dungarees, Inc. All rights reserved.