Entry Period Revised as of March 7, 2013
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. AFFIDAVIT OF ELIGIBILITY OR DECLARATION OF COMPLIANCE AND RELEASE OF LIABILITY FORM MAY BE REQUIRED.
BY ENTERING THE CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE CONTEST ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The POPSUGAR One of Kind Enter For a Chance to Meet and Be Styled By Michelle Smith (‘the Contest”) is sponsored by POPSUGAR Inc. (owner and operator of PopSugar.com) and having an address of 111 Sutter Street, Suite 850, San Francisco, CA 94104 (“Sponsor”).
ELIGIBILITY: The Giveaway is open only to permanent, legal residents physically residing in one of the fifty (50) United States of America and the District of Columbia, excluding Rhode Island, all U.S. territories and possessions and all overseas military installations. All entrants must be the age of majority in their respective state as of the date of entry. Employees of Sponsor and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies and any other entity involved in the development or administration of this Contest, and their immediate family members or household members are not eligible to participate in or win the Contest. Winners may be required to sign an Affidavit of Eligibility or Declaration of Compliance and complete relevant tax forms as a condition to the delivery of the applicable prize. Void where prohibited by law. All applicable federal, state and local laws apply. No purchase is necessary to participate in the Contest.
HOW TO ENTER: No purchase is necessary to participate in the Giveaway. To enter, you must navigate to contest landing page (http://www.popsugar.com/28350473) and complete all of the following steps between 2:00 pm PDT on Friday, March 1, 2013 and 12:00pm PDT on Sunday, March 10, 2013 (the “Entry Period”).
On Contest Landing Page (http://www.popsugar.com/28350473)
1. Enter First and Last Name and Email Address
2. Submit a response to the statement "Describe your favorite outfit and why it showcases your one-of-a-kind style”.
Only one (1) entry per person is eligible for participation. Entrant warrants that he or she has all necessary right, title and interest in and to any submissions entrant provides to Sponsor, including, but not limited to, ownership of any materials submitted, and all right, title, interest and/or permissions to any intellectual property rights of any third party (e.g., music, paintings in background, etc.).
WINNER SELECTION: Sponsor will choose ten (10) Semifinalists from all eligible entries received during the Entry Period based on creativity, uniqueness and completion. These ten (10) Semifinalists will be interviewed via Skype by a panel of judges, each of which are employees or representatives of Sponsor (the “Semifinalist Skype Interview”). To participate in the Semifinalist Skype Interview, all Semifinalists must agree to execute and return a Talent Release Form and submit to a confidential background check, in addition to all other required documents detailed herein within the required timeframe. All Semifinalists must agree, that if determined to be the Grand Prize Winner, they be willing to travel on the dates required by Sponsor (currently on or around March 13, 2013. Of the ten (10) Semifinalists interviewed, one (1) will be selected as the Grand Prize winner and receive the Grand Prize. The Grand Prize Winner will be selected from the group of ten (10) Semifinalists based on each Semifinalists performance during the Semifinalist Skype interview, as determined in the sole discretion of the judges. One (1) Grand Prize is available. Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Rules. All entrants must be the age of majority in their respective state as of the date of entry.
The Semifinalists and potential Grand Prize Winner will be notified by email. However, Sponsor reserves the right to determine any alternative method of notification. Semi-finalists must respond to notifications and requests for Skype interviews within twelve (12) hours after the date of notification. A Semifinalist and potential Grand Prize Winner’s failure to respond to the notification emails within the specified twelve (12) hours will be considered such Contest winner's forfeiture of the potential prize and an alternate Semifinalist or potential Grand Prize Winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries. Sponsor reserves the right to ship prizes directly to the email and/or mailing address provided by winners during their entry to the Contest. Each entry submitted in response to the Contest and in accordance with the rules will constitute an official entry. One (1) entry per person. Duplicate entries will be void. All entrants agree to abide by these Official Contest Rules. All entries become the property of the Sponsor.
The potential Grand Prize Winner (“Winner”) will be notified on/about March 19 2013, no later than 11:59 PM PDT via email and must accept the Grand Prize within six (6) hours from the date of notification. Sponsor reserves the right in its sole discretion to determine any alternative method of notification. One (1) Grand Prize is available.
The number of eligible entries received determines the odds of winning. The Contest will be conducted under the supervision of the Sponsor. The decisions of the Sponsor are final and binding in all matters relating to this Contest. All entrants agree to abide by these Official Rules.
PRIZES: The Grand Prize consists of a trip for two (2) to New York and includes: (a) round-trip, economy-class air transportation for two (2) from the major airport with regularly scheduled flights closest to the winner’s permanent residence to New York (or ground transportation at Sponsor’s discretion if winner resides within a 200-mile radius of New York); (b) two (2) nights standard hotel accommodations (one double occupancy room and room tax only) in New York (trip currently to be scheduled for on or around March 13, 2013) and (c) the opportunity for the Grand Prize Winner ONLY to be possibly styled by Michelle Smith, subject to availability and other considerations, and one (1) clothing item from Michelle Smith. Approximate retail value of the travel portion of the Grand Prize only is two thousand Dollars ($2,500). There is NO monetary value whatsoever associated with the possibility of being styled by Michelle Smith. The actual value of the Grand Prize may vary depending on date and times of travel, airfare fluctuations and hotel charges at the time of travel. Therefore, the actual value of the Grand Prize awarded may be lower or higher at the time it is fulfilled. Any difference between actual value and stated approximate retail value will not be awarded. Prizes issued in connection with this Contest, including the Grand Prize, are not redeemable for cash or transferable; and no substitution allowed except, at Sponsor’s sole discretion, for a prize of equal or greater value. Decisions of the Sponsor are final and binding with respect to all matters related to the Contest. In no event shall the Sponsor be obligated to award more prizes than the number of prizes stated in these Official Contest Rules. Winner and any guest of Winner must be the age of majority in their respective state as of the date of entry. Winner and any guest of Winner must travel on the same itinerary, on dates to be designated by Sponsor, and must have valid identification and any other documents necessary for travel.
Travel is subject to the restrictions and conditions set forth below. Any costs associated with the receipt of and/or use of the Grand Prize that are not expressly stated above are not included in the Grand Prize and are the responsibility solely of the Grand Prize Winner and his/her guest. Such costs may include, without limitation, any ground transportation, any unspecified state or local taxes or government surcharges or fees, service charges, facility fees, security fees, passenger tariffs or duties, trip and travel insurance and premiums, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein and are the sole responsibility of the Grand Prize Winner and/or his or her guest. All Grand Prize-related travel arrangements will be administered by Sponsor. The Grand Prize Winner elects to travel or partake in Grand Prize trip with no guest, no additional compensation will be awarded to the Grand Prize Winner. Air transportation and hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked, except at Sponsor’s sole discretion. All airline tickets issued in conjunction with Grand Prize are not eligible for upgrades, frequent flyer miles or any other promotional benefit. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize Winner’s possession (or if the Grand Prize Winner is a minor, in his or her parent’s or legal guardian’s possession), or in the possession of the Grand Prize Winner’s guest. Grand Prize travel is subject to capacity controls, availability, blackout dates and certain other restrictions, which may include a Saturday night stay, all of which are subject to change. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No stopovers are permitted on tickets issued as the Grand Prize; if a stopover occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsor in its sole discretion. Any unclaimed and/or unused Grand Prize travel package or element thereof will be forfeited by Grand Prize Winner and his/her guest and will remain the property of Sponsor. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor’s air travel prize supplier, as detailed in the passenger ticket contract issued by such supplier. The exact travel dates will depend upon the date of the interview (currently dates of travel are scheduled to take place on or about March 13, 2013, but is subject to change). Winner shall be responsible and liable for all federal, state and local taxes on the value of the prize and for all costs and expenses related to the Grand Prize that are not specifically mentioned herein, including, but not limited to: additional ground transportation, room service, parking fees, food, alcoholic beverages, tips, and gratuities. The time, date, and location of the styling shall be determined by Sponsor in its sole discretion and is subject to the approval of Michelle Smith. In the event that the possible styling opportunity listed in the prize description does not or cannot take place as scheduled or at all, for reasons including but not limited to scheduling conflicts, cancellations, postponement, an event of force majeure, or for any other reason in Sponsor’s sole discretion, the remaining components of the Grand Prize shall constitute full satisfaction of Sponsor’s prize obligation to the Grand Prize Winner, and no other or additional compensation will be awarded. In the event a winner and his or her guest engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious or threatening, disruptive, inappropriate, illegal or that is intended to annoy, abuse, threaten or harass any other person (or if the Grand Prize Winner and his or her guest has in the past engaged in such behavior and that subsequently becomes known to Sponsor), Sponsor reserves the right to send the Grand Prize Winner home with no further compensation. To receive a copy of any legally required winner’s list, or a copy of the Official Rules, send a self-addressed stamped envelope to Prize Fulfillment, POPSUGAR Inc., 111 Sutter Street, Suite 850, San Francisco, CA 94104. Specify winner's list or rules on your request.
WINNER HEREBY AGREES AND ACKNOWLEDGES ON BEHALF OF WINNER AND GUEST THAT ANY PHOTOS OR RECORDINGS OF MICHELLE SMITH, CREW OR FILMMAKERS FROM THE TAKEN BY WINNER AND/OR GUEST OR RECEIVED BY WINNER AND/OR GUEST MAY NOT BE USED IN ANY COMMERCIAL MANNER OR FOR ANY COMMERCIAL PURPOSE WHATSOEVER.
RELEASE AND INDEMNIFICATION: BY ENTERING THE CONTEST, ENTRANTS FOREVER AND IRREVOCABLY AGREE TO DEFEND, INDEMNIFY, RELEASE AND HOLD HARMLESS EACH OF THE CONTEST ENTITIES AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, REPRESENTATIVES, SUCCESSORS AND ASSIGNS (COLLECTIVELY “RELEASEES”) FROM AND AGAINST ANY AND ALL LIABILITIES, LOSSES, COSTS, EXPENSES, DAMAGES, RIGHTS, CLAIMS, LAWSUITS, PENALTIES, PROCEEDINGS, JUDGMENTS AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE CONTEST, ENTRY, PARTICIPATION OR IN ABILITY TO PARTICIPATE IN ANY CONTEST-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, THE REMOVAL FROM THE SITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.
LIMITATION OF LIABILITY: IN NO EVENT WILL RELEASEES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE WEBSITE, THE REMOVAL FROM THE WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, RECEIPT, DELIVERY, POSSESSION, ATTENDANCE AT, TRAVEL RELATED TO, DEFECT, USE, INABILITY TO USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. WITHOUT LIMITING THE FOREGOING, THE CONTEST, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
Releasees shall not be liable to winner or any other person for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Releasees’s sole control. Releasees shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Releasees shall not be liable for any loss or damage to baggage.
GENERAL CONDITIONS AND RELEASES: An entrant, Semifinalist, or potential Grand Prize Winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Contest Rules, as determined in the sole discretion of the Sponsor. As a condition of redeeming the Grand Prize, the Grand Prize Winner hereby grants the Contest Entities the right to photograph and/or record his or her interview and other participation and performance at the interview and use such recording, and the Grand Prize Winner’s name, likeness, image, voice, statements, biographical data and performance in perpetuity, in any media or manner now existing or hereinafter devised in connection with the promotion or advertising of the series “One of Kind” (working title) without further compensation or the necessity for further consent. Participation in the Contest is at entrant’s own risk. Sponsor shall not be liable for 1) failed, returned or misdirected notifications based on inaccurate information provided by the winner on the Contest entry form, 2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, 3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections, or failed incomplete, garbled or delayed computer transmissions which may limit an entrant's ability to participate in the Contest, 4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from downloading any part of this Contest or 5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize. Sponsor does not make any, and hereby disclaim any and all, representations or warranties of any kind regarding any prize. Unless prohibited by applicable law, your entry constitutes your permission to use your name, photograph, likeness, voice, address (city and state) and testimonials in all media, in perpetuity, in any manner Sponsor deems appropriate for publicity purposes without any further compensation to such entrant. By entering or accepting a prize in the Contest, winners agree to be bound by these Official Contest Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner (or, if the winner is a minor, the winner's parent or legal guardian) may be required to execute and return to Sponsor within one (1) business day an Affidavit of Eligibility and a Liability and Publicity Release to be eligible for the prize or an alternate winner will be selected. Winner may be required to furnish proof of identity, address and birth date in order to receive a prize. By entering, an entrant agrees to release and hold harmless Sponsor and each of its respective parents, subsidiaries and affiliated entities, directors, officers, employees, attorneys, agents, and representatives (collectively, the “Released Parties”) from any damage, injury, death, loss, claim, action, demand, or other liability (collectively, “Claims”) that may arise from their acceptance, possession and/or use of any prize or their participation in the Contest, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Released Parties are not responsible or liable to any entrant or to the winner or any person claiming through such winner for failure to supply the prize or any part thereof, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond the Released Parties’ sole control. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Contest; (2) viruses or technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; ( 6 ) late, lost, undeliverable, damaged or stolen mail or other methods of delivery; or (7) 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 Contest or receipt or use or misuse of any prize; or (8) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. Sponsor reserves the right to modify these Official Contest Rules in any way or at any time. Sponsor reserves the right, in their sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond their control corrupt the administration, security or proper play of the Contest. In the event of cancellation or suspension, Sugar shall promptly post a notice on the Contest entry page to such effect. This Contest shall be governed by California law. By participating in this Contest, entrants agree that California courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in San Francisco, California.
This Contest is in no way sponsored, endorsed or administered by, or associated with Facebook.