NO PURCHASE NECESSARY.
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 18 AND OLDER AT THE TIME OF ENTRY.
1. ELIGIBILITY: Free People Design-A-Bag 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 18 years of age or older. The following individuals are not eligible to enter or win: officers, directors, and employees of Free People LLC ("Sponsor"), its subsidiary and affiliated companies, contractors, mobile marketing/ 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).
2. CONTEST OVERVIEW: Participants compete to create the winning design to be used on Free People bags according to the instructions and judging criteria stated below.
3. HOW TO ENTER: Contest entry period starts 06/11/08 at 12:00:01 A.M., ET and ends 06/27/08 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 theses Official Rules in their entirety as by entering this Contest you will be deemed to have agreed to be bound by them. (A) E-Mail Messaging: To enter via e-mail messaging, e-mail the design to freepeoplecontest@gmail.com, with your original design (“Design”) along with your name, complete address, daytime telephone number, and age. The Design you are submitting must be in conformance with these Official Rules. Once you have properly e-mailed your Design, you will receive a response e-mail confirming receipt of your submission. You may opt-out from participating in this Contest via this method at anytime by e-mail any of the following words to freepeoplecontest@gmail.com: STOP, QUIT, END, UNSUBSCRIBE or CANCEL. E-mail entries must be received by 06/27/08 at 11:59:59 P.M., ET. (B) Mail-in Entry: You may also enter the Contest by writing your Design along with your name, complete address, daytime telephone number, and age on a properly stamped postal card and mailing it to: Free People Design-A-Bag Contest, c/o Free People LLC, 5000 South Broad Street, 19112; Attn: Pruitt Shutt. Mail-in entries must be postmarked by 06/27/08 and received by 07/05/08. Limit: Only one (1) Design may be submitted per person regardless of method of entry throughout the Contest Period. Designs become the property of Sponsor and will not be returned.
4. DESIGN REQUIREMENTS: A Design 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. The Design may not mention, contain, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, person, company or character. A Design may not contain any obscene, lewd, violent, offensive or otherwise inappropriate graphics, 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. A Design may not contain more than 3 colors.
5. REPRESENTATIONS, WARRANTIES, & GRANT OF RIGHTS BY DESIGN SUBMITTER: Each individual who registers and enters a Design ("Submitter") represents and warrants that the Design is her/his 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 her/his Design, including, without limitation, the copyrights and all other intellectual property rights in the Design. By submitting a Design, 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 Design, including, but not limited to, its reproduction, as submitted or as edited/modified in any way by the Sponsor, in its sole discretion, on bags and/or other 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 Design, 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 HER/HIS DESIGN 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 Design, 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 Design 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 her/his Design. 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 Design, or the Submitter's conduct in creating a Design 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 Design Submission. Although all Designs will be reviewed by Sponsor before being judged, posted or published; the posting or publication of a Design does not mean the Design has been deemed to be in compliance with these Official Rules. Designs 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: By or about 07/30/08, a panel of judges consisting of Sponsor's representatives ("Contest Judges") will have reviewed all of the eligible Designs and selected the highest rated Design according to the following four (4) criteria: (i) Creativity - 25%; (ii) Appropriateness to the Free People brand image - 25%; (iii) Aesthetic Merit - 25%, and (iv) Adherence to design guidelines - 25%. In the event of a tie score, the Design receiving the highest score for "Criteria (i) - 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 Designs based on "Criteria (ii) - Appropriateness to the Free People brand image." In the event that two or more Submitters have submitted the exact same highest rated Design, the Submitter of the Design 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 email, phone or mail on or about 07/15/08.
7. PRIZE (1): The Winner will receive a Two Hundred Dollar ($200) Free People Gift Card good towards purchases either at participating Free People stores or on-line at www.freepeople.com. Additionally, Sponsor intends to reproduce the Winner's Design on a special limited edition of Free People bags to be distributed at participating stores, with mention of the Winner's name. However, selection of the winning Design neither obligates Sponsor nor guarantees that Sponsor will, in fact, produce or in any other manner use said Design. 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 Design Submission, her/his 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. Gift Card may not be combined with any other coupon or promotional offer. Gift Card cannot be applied towards payment of charge accounts, prior purchases, or layaway merchandise. Gift Card must be used in compliance with its terms and conditions and as allowed by law. 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 Design.
8. LIMITATIONS OF LIABILITY: Sponsor & Others are not responsible for interrupted, unavailable or lost network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected Designs or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctions, e-mail difficulties, traffic congestion of wireless waves, failures or difficulties 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 Designs, entries or incorrect or inaccurate entry information, whether caused by wireless devices or 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 Designs 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 your participation in this Contest promotion will be collected by Sponsor and used by it and their 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 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 Submitter, the authorized account holder will be deemed to have submitted the Design "Authorized account holder" is defined as the natural person in whose name the wireless device has been issued and the services are billed. Submitters may be requested to provide Sponsor with proof that the Submitter is the authorized wireless device account holder associated with the Design. Sponsor shall not be responsible for illegible, damaged, lost, late, stolen, postage-due, incomplete, undelivered/undeliverable, misdirected or returned e-mail messages, entries or mail. If any group of individuals elects to collaborate ("Collaborators") on a Design, 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 Design.
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 her/his respective Design, including, without limitation, all copyright, trademark and all other intellectual property rights, and agree to waive all moral rights in that Design. 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. If the potential Winner is a minor in her/his state of residence, the Prize may be awarded in the name of her/his parent or legal guardian who must agree 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 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 07/18/08 and 07/31/08.
SPONSOR: Free People LLC, 5000 South Broad Street, Philadelphia, PA 19112 is the sole Sponsor of this Contest.
© 2008 Free People LLC