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NO PURCHASE NECESSARY.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
OPEN ONLY TO INDIVIDUAL LEGAL RESIDENTS OF AND LIVING WITHIN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS AND OLDER AT THE TIME OF ENTRY.
1. ELIGIBILITY: Free People® Fashion Illustration Contest ("Contest") is open only to individuals who are living within, and residents of, the 50 United States and the District of Columbia and are 13 years of age or older as of the date of entry. The following individuals are not eligible to enter or win: officers, directors, and employees of Freepeople.com LLC ("Sponsor"), its parent entity, subsidiary and affiliated companies, contractors, advertising and/or promotion agencies and other individuals or entities involved in the administration, development, fulfillment and execution of this Contest (collectively, "Sponsor & Others"), and their immediate family members (spouse, parent, child, and/or sibling and the household members of each). NOTE: If an entrant is a minor in his/her state of jurisdiction ("minor entrant"), all representations, warranties, indemnities, waivers, etc. mentioned in this Contest will be deemed to be made both by entrant and by the entrant's parent/legal guardian on the entrant's behalf. Similarly, the parent/legal guardian of a minor entrant will be required to sign any document that is required to be signed by a minor entrant.
2. CONTEST OVERVIEW: Entrants compete to design the winning Free People fashion illustration according to the instructions and judging criteria stated below.
3. HOW TO ENTER: Contest entry period starts 9/5/08 at 12:00:01 A.M., ET and ends 10/3/08 at 11:59:59 P.M., ET. ("Contest Period"). There are two (2) ways to enter. Regardless of which way you enter the Contest, be sure to first read the Official Rules that you can access at http://blog.freepeople.com because by entering this Contest you will be deemed to have agreed to be bound by the Official Rules. (A) VIA ON-LINE ENTRY: To enter on-line, email freepeoplecontest@gmail.com providing all of the required information, including your name, complete address, daytime telephone number, date of birth and attaching your original Free People fashion illustration ("Fashion Illustration") that meets all of the requirements stated in Rules 4, 5, and 6 below. On-line entries must be received by 10/3/08 at 11:59:59 P.M., ET. (B) MAIL-IN ENTRY: You may also enter the Contest by writing your name, complete address, daytime telephone number, and date of birth on an 8 1/2"x11" sheet of paper to which you have securely stapled your original hand drawn Fashion Illustration that meets all of the requirements stated in Rules 4, 5, and 6 below and mailing them in a properly stamped envelope to: Free People Fashion Illustration Contest, Free People, 5000 South Broad Street, 19112 ATTN: Pruitt Shutt. Mail-in entries must be postmarked by 10/3/08 and received by 10/9/08. Limit: Regardless of whether you enter via on-line entry or by mail, you may submit as many different original Fashion Illustrations as you wish, but each Fashion Illustration must be submitted separately. All entries, including Fashion Illustrations, become the property of Sponsor and will not be returned.
4. FASHION ILLUSTRATION REQUIREMENTS: Your Fashion Illustration must be inspired by the Free People style or contain an article of Free People apparel or accessories. A Fashion Illustration must, as more fully described in Rule 5 below, be totally your own original creation, not infringe or in any way or violate any third party intellectual property rights, and one in which you agree to transfer and assign all rights and title to Sponsor. Regardless of whether you are submitting your Fashion Illustration on-line or by mail, it may not contain any obscene, lewd, violent, offensive or otherwise inappropriate words, abbreviations, language, signs, symbols, political, personal and/or religious references or statements, or in any way reflect negatively upon the Sponsor as determined by the Sponsor in its sole discretion. Other than the use of Sponsor's name, the Fashion Illustration may not mention, contain, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, person, company or character. Additionally, Fashion Illustrations may not consist of or contain any photographs or portions of a photograph. (A) ON-LINE ENTRY: Your Fashion Illustration may be in black-and-white or in color; but it may not exceed 6336 pixels x 9792 pixels and the file size may not exceed 177.5 mb. You may either (i) use a computer design program to create your Fashion Illustration or (ii) you may scan in your hand drawn Fashion Illustration. Regardless of which method you use to create your Fashion Illustration, you must insert it as an attachment to your completed registration e-mail. (B) MAIL-IN ENTRY: Your Fashion Illustration may be in black-and-white or in color; but, it may not exceed 11" x17" in size.
5. REPRESENTATIONS, WARRANTIES, & GRANT OF RIGHTS BY MESSAGE SUBMITTER: Each entrant who registers and enters a Fashion Illustration ("Submitter") represents and warrants that the Fashion Illustration is his/her own original work and has been legally created; does not infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party; has not been entered in or won previous contests or awards; and has not been published or distributed previously in any media. Additionally, each Submitter represents and warrants that s/he owns all rights and title to his/her Fashion Illustration, including, without limitation, the copyrights and all other intellectual property rights in the Fashion Illustration. By submitting a Fashion Illustration, a Submitter irrevocably grants Sponsor and its affiliates, legal representatives, assigns, agents and licensees, the world-wide, royalty-free, unconditional, unlimited and perpetual right and permission to reproduce, copy, transmit, post, publish, broadcast, display, adapt, exhibit and/or otherwise use or re-use the Submitter's Fashion Illustration, including, but not limited to, its reproduction, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion, on products manufactured by or for Sponsor and sold to the public by Sponsor. Additionally, each Submitter grants to Sponsor the unlimited right to post and/or publish (or not to post and/or publish) Submitter's Fashion Illustration, name, and city of residence on Sponsor's web sites, including but not limited to Sponsor's blog, and in any and all media without limitation, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from Submitter or any other party. SUBMITTER UNDERSTANDS AND ACKNOWLEDGES THAT SUBMITTER WILL NOT BE PAID FOR OR RECEIVE ANY FORM OF COMPENSATION FOR HIS/HER MESSAGE SUBMISSION (EXCEPT AS IS STATED IN "RULE 7: PRIZE" HEREIN) IN EXCHANGE FOR GRANTING SPONSOR THESE RIGHTS. Each Submitter waives all intellectual property rights, privacy/publicity rights or other legal or moral rights that might limit or preclude the Sponsor use of Submitter's Fashion Illustration, and agrees not to sue or assert any claim against Sponsor & Others arising out of or connected with the posting, publishing and/or use of the Fashion Illustration or Submitter's personal information as listed above. Each Submitter specifically agrees to waive all claims to receive any royalties of any kind now or in the future from Sponsor, its affiliates or licensees, successors and assigns for any use of his/her Fashion Illustration. Each Submitter further agrees to indemnify and hold Sponsor & Others, harmless from any and all claims, damages, expenses, costs (including reasonable attorneys' fees) and liabilities (including settlements), brought or asserted by any third party against any of them due to or in any way arising out of the use of Submitter's Fashion Illustration, or the Submitter's conduct in creating a Fashion Illustration or otherwise in connection with this Contest, including but not limited to claims for trademark infringement, copyright infringement, violation of an individual's right of publicity or right of privacy, or defamation. Each Submitter further agrees to release and hold harmless Sponsor & Others from any and all claims that any product or advertising subsequently produced, presented, and/or prepared by or on behalf of Sponsor infringes Submitter's rights with regard to any elements, language or ideas contained in any Fashion Illustration. Although all Fashion Illustrations will be reviewed by Sponsor before being judged, posted or published; the posting or publication of a Fashion Illustration does not mean the Fashion Illustration has been deemed to be in compliance with these Official Rules. Fashion Illustrations that do not comply with these Official Rules or that otherwise contain prohibited, or inappropriate content as determined by Sponsor, in its sole discretion, will be disqualified.
6. SELECTION OF WINNER & JUDGING CRITERIA: On or about 10/10/08, a panel of judges consisting of Sponsor's representatives ("Contest Judges") will have reviewed all of the eligible Fashion Illustrations and selected the highest rated Fashion Illustration according to the following four (4) criteria: (i) Appropriateness to the Free People brand image – 25%. (ii) Creativity - 25%; (iii) Originality – 25%; (iv) Artistic Rendering – 25%. In the event of a tied score, the Fashion Illustration receiving the highest score for "Criteria (ii) – Creativity" will be deemed the winner of the tie. In the event the tie still remains unbroken, the Contest Judges will break the tie by re-evaluating and re-rating the Fashion Illustrations based on "Criteria (ii) – Creativity." In the event that two or more Submitters have submitted the exact same highest rated Fashion Illustration , the Submitter of the Fashion Illustration which was submitted at the earliest date and time according to Sponsor or Sponsor's representative's clock will be deemed the Winner, subject to verification. All Submitters agree that Sponsor has the sole right to decide all matters and disputes arising from this Contest and that its decisions shall be final and binding in all matters pertaining to this Contest. The potential Winner will be notified by e-mail, mail or telephone on or about 10/10/08.
7. PRIZE (1): The Winner will receive a Free People box of articles selected by Free People staff (Approximate Retail Value: $100). Additionally, Sponsor intends to post the Winner's Fashion Illustration at http://blog.freepeople.com for a limited period of time with mention of the Winner's name. However, Sponsor's selection of the winning Fashion Illustration in no way obligates Sponsor to post the Fashion Illustration or to produce or in any other manner use said Fashion Illustration. NOTE: Sponsor reserves the right to require the potential Winner to submit to a confidential background check to help assure that the use of such Submitter's Fashion Illustration, his/her name, and/or likeness in any advertising or publicity in conjunction with the Contest will not cause embarrassment or reflect unfavorably on Sponsor & Others as determined by Sponsor in its sole discretion. All costs and expenses associated with the Prize that are not expressly provided for herein, including but not limited to federal, state, and local taxes, are the sole responsibility of the Winner. Prize is not redeemable for cash; nor is it transferable or substitutable except by Sponsor with one of equal or greater value. The potential Winner must sign and return the required documents as stated in Rule 9 below in a timely manner or the Prize may be forfeited and awarded to the Submitter of the next highest rated Fashion Illustration.
8. LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for interrupted, unavailable or lost electronic or network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected Fashion Illustrations or transmissions, or for phone, electrical, network, computer hardware or software or program failures or malfunctions, or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic or for any damage to any person’s computer related to participating in the Contest. Sponsor is not responsible for illegible, unintelligible, late, lost or stolen Fashion Illustrations, entries or incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Contest promotion or by any technical or human errors which may occur in the processing of any Fashion Illustrations in this Contest. Persons found tampering with, abusing any aspect of this Contest or violating these Official Rules will be disqualified and may be subject to prosecution. If in the judgment of Sponsor, the Contest is compromised by virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor, which corrupts or threatens to corrupt the administration, security, fairness or proper operation of the Contest, Sponsor reserves the right, in its sole discretion to discontinue, suspend or terminate the Contest and select the Winner from among the eligible entries received prior to such discontinuance, suspension or termination of the Content or to otherwise proceed with the Contest in any manner it deems fair and reasonable. Any personally identifiable information collected during an entrant's participation in this Contest promotion will be collected by Sponsor and used by it and its respective agents solely for purposes of the proper administration and fulfillment of the Contest as described in these Official Rules and will not be shared with any third party except as stated in Sponsor's Privacy Policy, posted at http://www.freepeople.com and as allowed by law. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE INVOLVED IN THIS CONTEST OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to the identity of a Winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at 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, on-line 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. Submitters may be requested to provide Sponsor with proof that the Submitter is the authorized account holder associated with the e-mail address and Fashion Illustration. Sponsor shall not be responsible for illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned entries or mail. If any group of individuals elects to collaborate ("Collaborators") on a Fashion Illustration, they are required to designate one (1) individual to enter the Contest and be considered as the Submitter and to accept the Prize on behalf of the Collaborators. No additional prizes will be granted to the Collaborators. Sponsor & Others shall not be liable for any disputes between the Collaborators related to the submission of a Fashion Illustration.
9. AFFIDAVITS OF COMPLIANCE/ELIGIBILITY; PUBLICITY/LIABILITY RELEASES & OTHER REQUIRED DOCUMENTS: The potential Winner will be required to irrevocably assign and transfer to Sponsor any and all rights, title and interest in his/her respective Fashion Illustration, including, without limitation, all copyright, trademark and all other intellectual property rights, and agree to waive all moral rights in that Fashion Illustration. Additionally, s/he will be required to complete, sign and return a notarized Affidavit of Compliance/Eligibility, Publicity/Liability Release, as allowed by law, and Copyright/Trademark Assignment. All completed documents must be returned to Sponsor within the time period stated in the notification of being selected as the potential Winner or s/he will forfeit such selection and the next highest rated Submitter may be selected. The potential Winner may also be required to sign additional documents, as reasonably requested by Sponsor, in its sole discretion. As stated in Rule 1 above, if the potential Winner is a minor in his/her state of residence, his/her parent or legal guardian agrees to be bound by these Official Rules and to sign all required documents.
10. GENERAL RELEASE: Sponsor & Others are not responsible, whether directly or indirectly, for any liability in connection with any injuries, damages or losses of any kind, whether to property or person, including death, arising out of the acceptance, enjoyment, use and/or misuse of any Prize and/or participation in this Contest, and they will be held harmless against any such claims of liability arising directly or indirectly from the acceptance or use/misuse of the Prize and/or participation in Contest-related events.
11. GENERAL CONDITIONS: By entering this Contest, each Submitter agrees that s/he has read and understood these Official Rules and that s/he will be bound by them. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the Commonwealth of Pennsylvania. Should there be a conflict between the laws of the Commonwealth of Pennsylvania and any other laws, the conflict will be resolved in favor of the laws of the Commonwealth of Pennsylvania. All disputes arising out of or connected with this Sweepstakes will be resolved individually, and without resort to class action, in the appropriate courts of the Commonwealth of Pennsylvania. All judgments or awards shall be limited to actual incurred out-of-pocket expenses (excluding attorneys' fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages. Contest void in Puerto Rico and where prohibited, taxed or restricted by law. All federal, state and local laws apply.
12. WINNER LIST: To learn who won, visit http://blog.freepeople.com between 10/10/08 and 10/30/08.
SPONSOR: Freepeople.com LLC, 5000 South Broad Street, Philadelphia, PA 19112 is the sole Sponsor of this Contest.
© 2008 Freepeople.com LLC