The #CULTIVATESTYLE Contest
Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
Contest may only be entered in or from the 50 United States and the District of Columbia and entries originating from any other jurisdiction are not eligible for entry. This Contest is governed exclusively by the laws of the United States. You are not authorized to participate in the Contest if you are not located within the United States.
1. Eligibility. Participation open only to legal residents of the fifty United States or the District of Columbia who are at least 18 years old as of date of entry. Void outside of the 50 United States and the District of Columbia, and where prohibited, taxed or restricted by law. Employees, officers and directors of INTERMIX (“Sponsor”) and its parent companies, subsidiaries, affiliates, partners, dealers, advertising and promotion agencies, manufacturers or distributors of Contest materials and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to enter. You are not authorized to participate in the Contest if you are not located within the United States or the District of Columbia. All federal, state and local laws and regulations apply.
2. How to Enter. To participate you must have an account on Instagram. Instagram Accounts are free, but subject to its terms: http://www.instagram.com/about/legal/terms/. Your account settings must be set to “unprotected” and/or “public” in order for your posts to be viewable by Sponsor and its agents. Posting on Instagram requires a mobile device and therefore message and data rates may apply.
Guidelines:
1. Follow @intermixonline on Instagram. Entrants must follow and continue to follow @intermixonline through at least April 1, 2018 in order to be notified in the event he/she is a potential winner.
2. During the Contest Period, post a photo on Instagram of yourself in your favorite INTERMIX item for spring, reflecting the season’s trends.
3. Include #CULTIVATESTYLE in the caption. By using the hashtag, participant indicates his/her agreement to these Official Rules.
4. Tag @intermixonline in the photo.
Your photo will be referred to as your submission (“Submission”). Your Submission need not include any reference, positive or negative, to Sponsor’s products or services. By posting your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may disqualify you if it believes that it fails to conform. Sponsor reserves the right to cancel or modify this Contest in the event an insufficient number of entries are received that meet the minimum judging criteria.
The Submission content must be consistent with Instagram’s format and size requirements. The Submission must include the required hashtag (#CULTIVATESTYLE). Any text included in the Submission must be in English.
Content Restrictions:
·The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
·The Submission must not feature brand names or trademarks other than those owned by Sponsor, which entrant has a limited license to use in his/her Submission in this Contest;
·The Submission must not disparage Sponsor or any other person or party;
·The Submission must not contain material that is inappropriate, offensive, indecent, obscene, tortious, defamatory, slanderous or libelous;
·The Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age; and
·The Submission must not contain material that is unlawful, in violation of, or contrary to the laws or regulations in any state where Submission is created.
By entering, each entrant warrants and represents the following with respect to their Submission: (a) entrant is the sole and exclusive owner of the Submission; (b) the Submission is entrant’s own creation and is 100% original; and (c) the Submission will not infringe on any rights of any third parties and (d) any third party whose person or property appears in the Submission has given entrant appropriate written consent (which shall be provided to Sponsor upon request thereof) for such person or property to be filmed and used as permitted herein. Minors may only be included in the Submission if entrant is their parent or legal guardian. If requested, entrant must be able to provide such permissions or proof in a form acceptable to Sponsor.
Limit one (1) entry per person per submission period. No automated entry devices and/or programs permitted. All entries, including Submissions, become the sole and exclusive property of the Sponsor and receipt of entries will not be acknowledged or returned. Sponsor is not responsible for lost, late, illegible, stolen, incomplete, invalid, unintelligible, misdirected, technically corrupted or garbled entries, which will be disqualified, or for problems of any kind whether mechanical, human or electronic. Only fully completed Submissions are eligible. Proof of submission will not be deemed to be proof of receipt by Sponsor.
3. Start/End Dates. Contest will have three submission periods.
First submission period begins at 12:01am ET on Sunday, March 11, 2018 and ends at 11:59pm ET on Saturday, March 17, 2018.
Second submission period begins at 12:01am ET on Sunday, March 18, 2018 and ends at 11:59pm ET on Saturday, March 24, 2018.
Third submission period begins at 12:01am ET on Sunday, March 25, 2018 and ends at 11:59pm ET on Saturday, March 31, 2018.
4. Judging/Judging Criteria. Judges reserve the right, in their sole and absolute discretion, to disqualify any Submissions that are inappropriate for any reason, including without limitation, for depicting or mentioning sex, violence, drugs, alcohol and/or inappropriate language. All Submissions will be judged by a panel of judges that have the required knowledge and experience to apply the judging criteria.
All Submissions will be judged based on the following equally-weighted judging criteria:
(a) Creativity/Originality (33%);
(b) Quality of Submission (33%);
(c) Submission demonstrates inspiration for the spring season (34%)
Subject to verification and compliance with these Official Rules, the two highest scoring Submissions in each submission period will be awarded the Grand Prizes. In the event of a tie, the Submission with a higher Quality score will break the tie. By entering the Contest, entrants fully and unconditionally agree to be bound by these rules and the decisions of the judges, which will be final and binding in all matters relating to the Contest.
Sponsor reserves the right to select fewer than six (6) potential winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions. Sponsor will not disclose judging scores.
5. Prizes.
Six (6) Grand Prizes: A $250 INTERMIX gift card and the chance to be featured on INTERMIX’s Instagram feed @intermixonline and website intermixonline.com
Two (2) Grand Prize winners will be selected per submission period.
Total approximate retail value of all prizes combined: $1,500.
Terms and conditions of the gift card apply.
Prize(s) is/are non-transferable. No substitutions or cash redemptions. In the case of unavailability of prize, Sponsor reserves the right to substitute a prize of equal or greater value. Unclaimed prizes will not be awarded. All unspecified expenses are the responsibility of winner(s).
6. Notification. Winners will be notified by a direct message from @intermixonline to the Potential Winner’s Instagram Account.
Winners will be notified on these dates:
• Notification date for first submission period: Sunday, March 18, 2018 at 12:00pm ET
• Notification date for second submission period: Sunday, March 25, 2018 at 12:00pm ET
• Notification date for third submission period: Sunday, March 31, 2018 at 12:00pm ET
Winners will be required to provide a valid email address and sign and return, where legal, an Affidavit of Eligibility, Liability/Publicity Release and/or rights transfer document within five (5) calendar days of prize notification. Additionally, winners may be required to obtain releases from any and all third parties appearing in their respective Submissions. If any winner is considered a minor in his/her jurisdiction of residence, Affidavit of Eligibility, Liability/Publicity and rights transfer document must be signed by his/her parent or legal guardian. If any winner cannot be contacted within five (5) calendar days of first notification attempt, if any prize or prize notification is returned as undeliverable, if any winner rejects his/her prize or in the event of noncompliance with these Contest rules and requirements, such prize will be forfeited and may be awarded to the Submission with the next highest score. Upon prize forfeiture, no compensation will be given.
Prizes will be mailed to the address provided in the Affidavit.
7. Conditions. Sponsor shall not be liable or responsible in the event any winner’s Submission is not used for any reason. Submissions may be cut, edited, reformatted, rearranged, combined with other materials and/or otherwise modified, in Sponsor’s sole and absolute discretion. Any and all federal, state and local taxes are the sole responsibility of the winners. Participation in Contest and acceptance of prize constitutes each winner’s permission for Sponsor to use his/her name, address (city and state), likeness, photograph, picture, portrait, voice, biographical information, Submission and/or any statements made by each winner regarding the Contest or Sponsor for advertising and promotional purposes without notice or additional compensation, except where prohibited by law. By participating, entrants and winners agree to release and hold harmless Sponsor, its partners and promotion and advertising agencies and each of their respective parent companies, subsidiaries, affiliates, partners, representatives, agents, successors, assigns, employees, officers and directors (collectively, the “Released Entities”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with, preparation for, travel to, or participation in Contest, or possession, acceptance and/or use or misuse of prize or participation in any Contest-related activity and for any claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action. Entrants who do not comply with these Official Rules, or attempt to interfere with this Contest in any way shall be disqualified. Sponsor is not responsible if Contest cannot take place or if prizes cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
8. Additional Terms. Any attempted form of entry other than as set forth in Section 1 above is prohibited; no automatic, programmed; robotic or similar means of entry are permitted. The Released Entities are not responsible for technical, hardware, software, telephone or other communications malfunctions, errors or failures of any kind, lost or unavailable network connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed computer transmissions which may limit one’s ability to enter the Contest, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participating in this Contest or downloading any materials in this Contest. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, extend or suspend this Contest should (in its sole discretion) virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In such case, Sponsor may select the winners from all eligible entries received prior to and/or after (if appropriate) the action taken by Sponsor. Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Contest or web site. Sponsor may prohibit an entrant from participating in the Contest or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor representatives.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE AND/OR THE CONTEST, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATES WITH THE CONTEST. IN NO EVENT SHALL THE RELEASED ENTITIES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED $10. WITHOUT LIMITING THE FOREGOING, THIS CONTEST AND ALL PRIZES ARE 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 EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
10. Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Contest. Any controversy or claim arising out of or relating to these Official Rules and/or the Contest shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the County of San Francisco in the State of California.
THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF CALIFORNIA WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Contest, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in or closest to the County of San Francisco in the State of California. The parties agree not to raise the defense of forum non conveniens.
11. Use of Data. Sponsor will be collecting personal data about entrants online, in accordance with its privacy policy. Please review the Sponsor’s privacy policy at http://www.intermixonline.com/customer-service/about-us/cs-privacy-and-security.html. By participating in the Contest, entrants hereby agree to Sponsor’s collection and usage of their personal information and acknowledge that they have read and accepted Sponsor’s privacy policy.
12. List of Winners. To obtain a list of winners, send a self-addressed, stamped envelope by April 4, 2018 to: Sweepstakes, INTERMIX, 1440 Broadway, 5th floor, New York, NY 10018.
13. Sponsor. INTERMIX, 1440 Broadway, 5th floor, New York, NY 10018. This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram LLC.