FREE PEOPLE® “SHARE YOUR STYLE. UPLOAD & WIN” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void outside the fifty (50) United States and the District of Columbia, Canada and the United Kingdom and where prohibited by law. Subject to all federal, state provincial, territorial and local laws, regulations, and ordinances. Promotion begins on February 22, 2013 at 12:01 AM Eastern Time (“ET”) and ends on March 2, 2013 at 3:01 AM ET (the “Promotion Period”). Please visit http://www.worldtimeserver.com/ or other world time database to determine local time. Sponsor’s computer is the official time keeping device for this Promotion.
1. Sponsor: Free People of PA, LLC (“Sponsor”), 30 Industrial Park Blvd., Trenton, SC 29847, USA.
2. Eligibility: The FREE PEOPLE® “SHARE YOUR STYLE. UPLOAD & WIN” SWEEPSTAKES (the “Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (19 years in Alabama and Nebraska; 21 years in Mississippi), legal residents of the United Kingdom who are 18 years of age or older, and legal residents of Canada (excluding Quebec) who are of the age of majority in their province/territory of residence. In order to participate, you must be eligible on the start date of the Promotion and throughout the Promotion Period. Employees, officers, and directors of Sponsor or any of their respective parents, affiliates, subsidiaries, representatives, mandataries, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, (collectively, the “Promotion Entities”) and members of their immediate families (spouses, partners, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of the winner.
3. How to Enter: We want you to share your style with Free People! To enter the Promotion, log-on to http://www.freepople.com during the Promotion Period and create a Free People account by entering your email address and choosing a password. Once you’re logged in, upload a picture (“Submission”) that best represents your own style. You must provide all information required on the log-in submission screen, including without limitation first and last name and email address. The file format for the picture upload shall be BMP, PNG, GIF, or JPEG. Submissions not following this format or Submissions sent to any other address or location will be disqualified and will not be considered. Each person who uploads his or her own style picture during the Promotion Period will receive one (1) Submission into the Promotion. There is no limit to the number of pictures you can upload, and each approved uploaded pic counts as one Submission, however, each Submission must be separate. Submissions will not be returned.
To enter without uploading a photo, simply send a 3x5 card with your first and last name and email address handwritten in ink to: FREE PEOPLE® “SHARE YOUR STYLE. UPLOAD & WIN” SWEEPSTAKES Attn: Jessica Baldy, 5000 S. Broad St., Philadelphia, PA 19112. Limit one entry per stamped outer envelope. P.O. Boxes are not permitted.
Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Incomplete, illegible, corrupted, or untimely submissions are void and will be not be considered. Automated or bulk entries or entries submitted by third parties will be disqualified. No copies, facsimiles, or mechanical reproductions will be accepted. Entries must be submitted by the entrant. Multiple submitters are not permitted to share the same email address. In the event of a dispute as to the identity of a submitter, the authorized account holder of the email address used to enter will be deemed to be the submitter or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. You may be required to show proof of being the authorized account holder. Submissions specifying an invalid, non-working, or inactive email address will be disqualified.
Requirements for Picture Submissions: To be eligible, photographs submitted:
- MUST be the entrant’s original idea (modification of an original work is not an original idea);
- MUST not copy or otherwise plagiarize from any source, and entrant must not have previously received compensation for the publication of or won any competition with the photograph;
- MUST be no larger than 2 megabytes (“MB”);
- MUST be in digital form (either JPEG, TIFF or GIF);
- MUST be of satisfactory quality (i.e., brightness, focus, etc.) Any Photograph submitted that is not of satisfactory quality may be rejected, at Sponsor's sole discretion;
- Preferred dimensions: 800 pixels (width) x 800 pixels (height).
Any photographs submitted that exceed the size limits, or are not in one of the accepted formats, as applicable, will be disqualified.
Content Guidelines: Entries must comply with the following content guidelines to be eligible. Submissions:
- MUST NOT be sexually explicit or suggestive, or derogatory of any ethnic, racial, gender, religious, professional or age group or the disabled, be profane or pornographic, or contain nudity;
- MUST NOT promote alcohol, illegal drugs, 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;
- MUST NOT defame, misrepresent or contain disparaging remarks about other people or companies;
- MUST NOT contain any prominent use of trademarks, logos or trade dress (such as distinctive packaging or building exteriors/interiors) owned by third parties as determined by Sponsor (except for those of Sponsor), or advertise or promote any brand or product of any kind, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;
- MUST NOT contain prominent copyrighted 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) as determined by Sponsor;
- MUST NOT contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, including but not limited to celebrities and friends, who have not expressly authorized entrant to display their image or likeness in any submitted application or otherwise use such images or likenesses in accordance with these Official Rules. Entrant must be prepared to provide signed third party authorizations upon request. Submissions MUST NOT depict or otherwise identify a minor unless the minor’s parent or legal guardian is the entrant;
- MUST NOT contain or depict material which is (or promote activities which are) in Sponsor's sole discretion hateful, tortious, inappropriate, violent, self-mutilating (e.g., relating to murder, the sales of weapons, cruelty, abuse, etc.), illegal (e.g., substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing conduct); or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying acts of violence or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any state where the Submission is created in their application;
- MUST NOT communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate;
- MUST NOT show drinking, drugs or other inappropriate content;
- MUST NOT provide information about other companies or websites;
- MUST NOT contain personal information;
- MUST NOT show pictures of Free People’s intimates products;
- MUST NOT avoid references to price and promotion details, as well as non-product related pictures.
All Submissions will be reviewed by Sponsor’s editorial panel to make certain the content falls within the parameters under the Submission Requirements. Any Submissions that do not meet these specifications will be disqualified. Sponsor approves Submissions as quickly as possible, typically in 24-48 hours. If a Submission meets the requirements, it will be posted at www.freepeople.com. Entrants should allow up to 72 hours for approval of the submitted Submission before contacting Sponsor at firstname.lastname@example.org about a pending approval Submission.
By entering you represent and warrant and agree that:
- You have taken the photograph submitted and that the Submission is original with you, and has not been copied from any other work or previously published or won any award;
- Your photograph does not contain any material that would defame or otherwise violate or infringe upon the rights of any third party, including patents, copyrights, trademarks or rights of privacy or publicity, and to the extent any elements were created by a third party (“Third Party Participant”), you own all right, title and interest to said elements that are part of your Submission to enable you to grant the rights granted herein. If the Submission includes any third parties or contains any material or elements that are not owned by the entrant and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules;
- You have received permission from the person(s) depicted in the Submission (“Third Party Participants”) (if applicable) and can produce written consent upon request, or if a Third Party Participant is a minor you are that minor’s parent or legal guardian; Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time;
- Your Submission does not violate any federal, state, provincial, territorial or local laws or ordinances.
Promotion Entities are not responsible for any unauthorized third party use of any Entry. Entries will not be acknowledged and will not be received or held “in confidence” and an Entry does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. By submitting your Entry, you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion.
4. Selection of Winner: On or about March 2, 2013 Sponsor will select the name of the one (1) winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The winner will be notified by email on or about March 4, 2013. If after three (3) attempts to contact him/her within seven (7) days of the winner's selection, or if the prize notification is returned as undeliverable, or in the event that the winner is disqualified for any reason, the winner will be deemed to have forfeited the prize. Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. To be a winner, any potential winner who is a resident of Canada must answer correctly a mathematical skill-testing question without aid of any device, at a time and place to be determined by Sponsor.
Verification of Winner: THE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZE: One (1) winner will receive a brand new Free People look containing various Free People Merchandise which comprises [$500 Gift Card]. Approximate Retail Value (“ARV”) of Prize: US $500. Winners may have their winning Entries posted on the Website and/or on www.freepeople.com at the sole discretion of the Sponsor. There is no retail value or compensation associated with such publication or posting.
Prize Restrictions: Arrangements for the fulfillment of the prizes will be made by the Sponsor and/or its agent. Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent or higher prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prize. Entrants acknowledge that the Sponsor and all other businesses concerned with this Promotion and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of prize except that the prize shall be subject to manufacturer’s standard warranty[/ies]. The Prize cannot be used in conjunction with any other promotion or offer.
6. General Conditions: This Promotion is governed by the laws of the United States. Sponsor reserves the right to modify the Promotion, or any part of it, or terminate the Promotion early (provided that the prize is awarded from all eligible entries at the time of such termination) if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site on which this Promotion is operated, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Official Rules; or (b) terminate the Promotion early and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. Release and Limitations of Liability: By participating in this Promotion, entrants agree that Sponsor, Facebook, and their affiliates, subsidiaries, representatives, mandataries, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (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 Promotion; (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 Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 Promotion or receipt or use or misuse of any prize (except in the UK where such liability cannot be excluded). In event that production, technical, seeding, programming or any other reasons cause more than 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.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, SUBMISSION, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY PROVIDED THAT FOR RESIDENTS OF THE UNITED KINGDOM: THIS RELEASE DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF SPONSOR OR ADMINISTRATOR.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING WWW.FREEPEOPLE.COM AND THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Choice of Law and Forum.
Except where prohibited, this Agreement is governed by the laws of the state of Pennsylvania and Submitter agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Pennsylvania or the appropriate State Court located in Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will Submitter 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 this agreement between Sponsor and Submitter, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
10. Nature of Relationship/Waiver of Equitable Relief. Each entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. Official Rules and Winner List: For a copy of the Official Rules, visit wwwfreepeople.com/uploadandwin-terms or send a stamped, self-addressed envelope for a period of thirty (30) days after the end of the Promotion Period to: Free People, 30 Industrial Park Blvd., Trenton, SC 29847, USA. For the name and home county/city of the winner, which will be available sometime after March 2, 2013, send a stamped, self-addressed envelope for receipt by March 15, 2013, to: Free People, 30 Industrial Park Blvd., Trenton, SC 29847, USA www.freepeople.com. VT residents may exclude return postage.
Copyright ©2013 Free People of PA, LLC. All rights reserved. Free People and other trademarks used herein are registered trademarks of Free People of PA, LLC in the United States and other countries.
Facebook is not a sponsor of, nor is it affiliated with, this Promotion. If you enter, you are providing your information to Sponsor, not to Facebook.