White House Black Market's Sweater Boutique Instagram Contest
NO PURCHASE NECESSSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: White House Black Market’s “The Sweater Boutique Instagram Contest” (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States (and D.C.), Puerto Rico and the U.S. Virgin Islands who are at least eighteen (18) years old at the time of entry and have a computer or smart phone and access to the internet. Employees of White House Black Market, Inc., and their parent or affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible to enter to win. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s, Host’s and Judge’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: White House Black Market, Inc., a subsidiary of Chico’s FAS, Inc. (“Sponsor”), having a principle place of business at 11215 Metro Parkway, Fort Myers, FL 33966. The sponsor is responsible for the delivery of the Prize(s) to the winner(s).
3. Timing: The Sweepstakes begins on November 12, 2012 at 9:00 a.m. Eastern Time (“ET”) and ends on November 26, 2012 at 11:59 p.m. ET (the “Promotion Period”). Sponsor’s computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: During the promotion period, log in or create an Instagram account and follow White House Black Market (@whbm). Creating an Instagram account is free. Next, take a photo of yourself in your favorite White House Black Market look with your pet and upload it to Instagram using #feelbeautiful and mention @whbm. Upon posting your photo to Instagram, you will receive one (1) entry into the contest. By posting your photo, you agree that the photo conforms to the Content Restrictions as defined below and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Restrictions.
- The Submission must comply with the Instagram Terms of Service and Acceptable Use Policy;
- The Submission must not disparage Sponsor, Administrator or any other person or party affiliated with the Contest;
- The Submission must not contain brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
- The Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
- The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
- The Submission must not contain information that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Limit: Each entrant may enter one (1) photo during the Contest Period. Photos received from any person or account name in excess of the stated limit will be void. Uploading a photo constitutes entrant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use in the Submission. Released parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void.
In the event of a dispute as to any Submission, the authorized account holder of the Instagram profile used to enter will be deemed to be the entrant and must comply with these Official Rules. The “authorized account holder” is the natural person assigned an Instagram profile by Instagram for the user name associated with the submitted profile. Each entrant may be required to show proof of being an authorized account holder.
5. Winner Determination: Following the Contest Period, a panel of qualified judges determined by the Sponsor in its sole discretion will select the three (3) entrants with the highest-scoring photos to be deemed potential prize winners from among all eligible entries based on the following criteria (“Judging Criteria”)
In the event of a tie, the entrant whose Submission received the highest score for Creativity/Originality, as determined by the qualified judges, in their sole discretion, will be deemed the applicable potential Grand Prize winner. Sponsor reserves the right to select fewer than three (3) potential Grand Prize winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
6. Winner Requirements: Potential winners will be notified on or around December 11, 2012. If a potential winner cannot be contacted with the required time period, does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify Sponsor, Released Parties (as defined in Section 9, below) and any license of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8-10 weeks after end of Contest.
7. Prizes: Three (3) GRAND PRIZES: A $100 White House Black Market gift card (terms and conditions apply). Approximate retail value (ARV): $100.
Prizes are non-transferrable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use.
8. Release: By receipt of any prize, winners agree to release and hold harmless the Sponsor, Administrator and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes 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.
10. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
11. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of Florida or the appropriate Florida State Court located in Lee County, Florida; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Florida without giving effect to any choice of law or conflict of law rules (whether of the State of Florida or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Florida.
12. Publicity: Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
14. Winner List: For names of winners, available after December 11, 2012, send a self-addressed, stamped envelope to: White House Black Market, Inc. ATTN: Social Marketing 11215 Metro Parkway, Ft. Myers, FL 33966. All requests for names of winners must be received by January 4, 2012.
© 2012 Chico’s FAS, Inc. All rights reserved.
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