“FREE PEOPLE “It Girl” COMPETITION” Sweepstakes
BE SURE TO CAREFULLY READ THESE TERMS AND CONDITIONS AS BY ENTERING YOU WILL BE BOUND BY THEM.
1. ELIGIBILITY: Free People “It Girl” competition (the “Competition”) is offered and open only to legal residents of the UK who are at least eighteen (18) years of age at the time of entry and who have access to the internet. Employees, officers and directors of Free People Direct LLC (“Promoter”), its affiliates and other individuals and entities involved in the creation, preparation of materials, administration or fulfillment of this Competition and each of their immediate family members (e.g., spouse, siblings, children, parents and the “steps” of each) and those living in the same household as such individuals (whether or not related), are not eligible to enter or win. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
2. COMPETITION PERIOD: The Competition starts at 9:00am (UK time) on 4 September 2012 and ends on 14 October 2012 at 11:59pm (UK time) (“Competition Period”). No entries received after this time will be valid.
3. TO ENTER THE COMPETITION: Photographs of yourself (each a “Photograph”) can be uploaded/submitted via hashtag #fpitgirluk on Instagram or Twitter, or emailed to email@example.com. The individual who submits the Photograph to enter the Competition and will be regarded as the entrant.
Photographs will not be accepted or eligible if they are sent by post or any means other than as set out above. You may submit as many Photographs as you wish; but, in order for your Photograph to be eligible for this Competition, it must comply with these Terms and Conditions (including, in particular, the Photograph content requirements set out below). Regardless of the number of Photographs submitted, however, an entrant may not win more than one (1) prize. All Photographs become the property of Free People and will not be acknowledged or returned.
4. PHOTOGRAPH CONTENT REQUIREMENTS: Unless expressly noted otherwise, the following requirements apply to all Photographs: (i) only you may appear in the Photograph; (ii) the Photograph(s) must have been taken by you or a person from whom you have obtained all of the necessary permissions and releases; and (iii) the Photograph has not been re-purposed.
(i) cannot, with the exception of Promoter and its logos and brands, 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 regardless of whether or not such is a competitor of Promoter or competes with any of Promoter's products;
(ii) cannot, with the exception of the entrant, show, contain materials, mention, depict, name, refer or otherwise allude to or show the likeness of any person, whether living or dead;
(iii) cannot contain, mention, refer or otherwise allude to any sexually explicit or suggestive, obscene, lewd, violent, illegal, offensive, disparaging or inappropriate words, abbreviations, language, signs, products, poses, behavior, symbols, political, personal and/or religious references or statements, (including but not limited to words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group);
(iv) 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 particular political agenda or message;
(v) cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Promoter, 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 Promoter wishes to be associated, as determined by the Promoter in its sole discretion;
(vi) cannot contain any personal identification, such as car number plates, personal names, email addresses or street addresses, without permission;
(vii) cannot contain copyright materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;
(viii) cannot depict, and cannot itself, be in breach of any law; and
(ix) must otherwise be in compliance with all of the provisions of these Terms and Conditions as stated herein.
The posting/uploading of a Photograph does not mean the Photograph has been deemed to be in compliance with these Terms and Conditions. Promoter reserves the right at any time during the Competition Period, without notice to the entrant who posted the Photograph, to remove the posting of a Photograph from any website controlled by Promoter that Promoter determines, in its sole discretion, does not comply with these Terms and Conditions, or that otherwise contains prohibited or inappropriate content and in the event of such removal, the Photograph and/or relevant entrant will be disqualified.
5. SELECTION OF THE WINNING PHOTOGRAPH: A panel of judges will select the top ten Photographs that, in their opinion, best embody Free People inspired street style. The top ten Photographs will be displayed on the blog.freepeople.com website and, from these ten (10) Photographs, the judges will select the Free People “It Girl”. In the event of a tie, the Photographs of the tied entrants will be reviewed and judged by a Competition judge not formerly involved in the selection and judging process to select the winning Photograph. The submitter of the winning Photograph will be notified by email, Instagram or Twitter on or about 22 October 2012.
The decisions of the Competition judges shall be final and no correspondence will be entered into concerning any aspect of the Competition (including the result). Full details of the judging panel can be provided on request.
In the event of a dispute as to the identity of a winner based on an email address, Instagram username or Twitter username, the winning entry will be declared made by the authorized account holder of the email account or Instagram/Twitter username used to submit the relevant entry. “Authorized account holder” is defined as the natural person who is assigned to an email address/account by an Internet access provider, on-line service provider or other organization (e.g., business, educational institution, etc.).
6. PRIZES: Each month for one year we will send the winner a collection of our favourite Free People products with a value of up to £3,000 in total over the year. There will be no cash alternative and the prize is non-transferable.
7. GENERAL: By entering the Competition, you acknowledge and agree that: (i) you have read, understand and agree to be bound by these Terms and Conditions (as well as Instagram and/or Twitter's terms to the extent that you use their services to upload your Photograph); (ii) you own all rights and title to the Photograph; (iii) you have obtained all of the necessary permissions and releases from all persons involved in creating, producing and/or appearing in any Photograph; (iv) the posting of your Photograph on www.freepeople.com, or other related websites, after it has been received does not constitute the Promoter's decision or agreement that the Photograph(s) is in compliance with these Terms and Conditions; (v) your Photograph is not copied from anyone else's work (in whole or in part) and does not otherwise infringe the intellectual property rights, or any other legal or moral rights of any third party; (vi) you grant Promoter and its affiliates, legal representatives, assigns, agents and licensees, the unconditional, unlimited, perpetual and royalty free right and permission to reproduce, encode, store, copy, transmit, edit, publish, post, broadcast, display, adapt, exhibit and/or otherwise use, reuse, or not use your Photograph or any portion of your Photograph in any and all media (whether now known or invented in the future) without limitation, worldwide, without additional compensation, notice to, or approval from you; (vii) you hereby waive all moral and similar rights in your Photograph to the fullest extent possible; (viii) if you are chosen as a Competition winner, you will, at the request of the Promoter, assign all intellectual property rights subsisting in such Photograph to the Promoter; (ix) you will provide all consents, assignments and waivers (written or otherwise) requested by the Promoter to give legal effect to the foregoing; and (x) failure to provide the relevant consents, assignments or waivers requested by the Promoter will disqualify you as a Competition winner, and the Promoter will select an alternative Competition winner in your place.
8. LIMITATION OF LIABILITY: No responsibility is assumed by Promoter resulting from any user's participation in or attempt to participate in the Competition or his/her ability or inability to email, download or upload any information or Photographs in connection with participating in the Competition. No responsibility or liability is assumed by Promoter for technical problems or technical malfunction arising in connection with any of the following occurrences which may affect the operation of the Competition: hardware or software errors; faulty computer, telephone, cable, satellite, network, electronic, wireless or Internet connectivity or other online communication problems; errors or limitations of any Internet service providers, servers, hosts or providers; garbled, jumbled or faulty data transmissions; failure of any email transmissions to be sent or received; lost, late, delayed or intercepted email transmissions; inaccessibility of any website involved in this Competition in whole or in part for any reason; traffic congestion on the Internet or on any website involved in this Competition; unauthorized human or non-human intervention of the operation of the Competition, including without limitation, unauthorized tampering, hacking, theft, viruses, bugs, worms; or destruction of any aspect of the Competition, or loss, miscount, misdirection, inaccessibility or unavailability of an email account used in connection with the Competition. Proof of uploading a Photograph or submitting a Photograph by email is not proof of receipt by the Promoter.
9. CANCELLATION, TERMINATION OR SUSPENSION: Promoter is not liable in the event that any portion of the Competition is cancelled, terminated or suspended due to weather, fire, strike, acts of war or terrorism, or any other condition beyond its control. If for any reason the Competition is not capable of running as planned, including without limitation, infection by computer viruses, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Competition, Promoter reserves the right, at its sole discretion, to cancel, terminate or temporarily suspend the Competition or any portion of it and proceed in a manner it deems fair and reasonable, including the selection of winners from among eligible Photographs received prior to such cancellation, termination or suspension.
11. PUBLICITY: By accepting a prize, the winning entrant agrees to allow Promoter and its designees the perpetual right to use their names, biographical information, photographs and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes (including, without limitation, publication of the winners), at any time or times, in all media now known or invented in the future, world wide, including but not limited to on the internet, without notice, review or approval and without additional compensation, except where prohibited by law.
12. ENTRY INSTRUCTIONS: All entry instructions for the Competition form part of these Terms and Conditions.
13. WINNERS LIST: For details of the winner please email to firstname.lastname@example.org at least 28 days after the closing date.
PROMOTER: Free People Direct LLC, 5000 South Broad Street, Philadelphia, PA19112-1495, USA.
© 2012 Freepeople.com LLC