NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
ModCloth Inc., located at 651 Brannan Street, Suite 300, San Francisco, CA (ModCloth) is the official sponsor of the FashionTruth Campaign Contest (the “Contest”).
2. Entry Period
Entries may be submitted from September 17, 2014 at 12:00 a.m. PT through October 16, 2014 at 11:59 p.m. PT by submitting personal style photo uploads using #fashiontruth on Instagram, Twitter, Tumblr, or email. For email submissions, simply send your photo to firstname.lastname@example.org with “Enter me in the contest” in the subject line.
The Contest is open and offered to legal residents of the 50 United States and District of Columbia at the age of majority or older who agree to comply with all terms and conditions of these Official Rules. Age of majority is determined by your state of residence, and for most states is 18 years of age. If you are under the age of majority, you must have consent from your parents or legal guardian to participate. ModCloth reserves the right to require evidence of age to win a Prize.
Employees, officers, and directors of ModCloth or ModCloth’s parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their household (whether or not related) are not eligible for the Contest.
When you enter by submitting a Photo, you agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms and conditions, you may not submit an entry. ModCloth reserves the right in its sole discretion to disqualify any entrant it finds to be acting in violation of the letter or spirit of these Official Rules.
4. To Enter
Enter by first reading and agreeing to these Official Rules, and then by submitting a photo of yourself (you are the ONLY person who may be in the photo) through the following methods. Each individual person may submit as many entries as they like using any of the qualifying ways:
Entry into the Contest represents your acknowledgment that you have read the Official Rules, and your agreement to be bound by the Official Rules and the decisions of ModCloth about the Contest are in its sole discretion and binding in all respects. Each timely received and otherwise eligible entry shall be included in the Contest.
Neither ModCloth nor its agents are responsible for illegible, lost, late, damaged, incomplete, or misdirected entries or for any problems or technical malfunctions related to the electronic submission of entries. If all required information is not provided or entry is illegible, entry will be deemed ineligible. Any entries that do not comply with the rules will be withdrawn, rejected and will be deemed ineligible for participation. All entries will become the property of ModCloth and cannot be acknowledged or returned. ModCloth shall refuse submission of any entry that may be deemed profane or offensive, violates any laws, uses the intellectual property of another or otherwise does not comply with these Official Rules.
If, for any reason, the Contest is not capable of running as planned, ModCloth reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest. By entering the Contest, you acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ModCloth from your Entry or award of any prize.
5. Non-Infringement Representation and ModCloth’s Use and Ownership of Entry Materials
By entering the Contest, you represent and warrant that you are the person appearing in the photo you submit (the “Photo”), and that the Photo does not incorporate any intellectual property of anyone else, including but not limited to any trademark, design rights or copyright. If someone else took the Photo (i.e., it is not a true “selfie”), then you must get the photographer’s permission granting you the copyright and the right to transfer the Photo rights to ModCloth. By entering the Contest and submitting the Photo, you represent and warrant that you assign all rights, title and interest in and to the Photo and other entry materials, including the copyright and any other intellectual property or other rights in the Photo and other entry materials, to ModCloth. ModCloth shall have the right to use the Photo in any manner it chooses.
By entering the Contest, you further agree to allow ModCloth to use your name, image, likeness, voice, photo, video and/or a short biography in connection with your Photo, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on ModCloth’s website, use in press releases, use on social media sites such as Facebook, Instagram, Tumblr and Twitter, and use in connection with any events associated with the Contest. To this end, you waive any rights to privacy or publicity or laws of similar effect. You further agree to inform ModCloth of any press inquiries you may receive that relate to the Contest, ModCloth, and/or your Photo at least two (2) business days before responding to such inquiries.
- ModCloth will select one winner for the Grand Prize which shall include:
- You will be featured on the website
- A product of your choice will be named after you
- You will receive a gift card for the cost of product named after you, plus five dollars to cover shipping. No cash equivalent will be offered.
- You’ll get a #fashiontruth T-shirt
- You will be featured on the ModCloth blog, Story
- This Grand Prize has no cash or redemption value.
In addition, ModCloth will select up to one runner-up each week to receive a ModCloth gift card in the amount of $100. The gift card will only be eligible to use to purchase merchandise at ModCloth, and will have no cash or redemption value.
Each entry shall be eligible for both types of prizes, however, each eligible entry may only win one prize as determined by ModCloth’s judges.
ModCloth anticipates running the Contest monthly over the next year, and if your Photo was not selected as a winner in one month, you may submit it again in a subsequent month.
The odds of winning depend on the number of qualified entries.
8. Selection of Winner
The Contest will be judged by five members of the ModCloth Creative team using the following criteria:
Creativity used in interpreting the concept of truth in fashion, while staying consistent with ModCloth’s values of self-respect and being the best version of yourself (100%)
Each week during the contest, 15 semi-finalists will be selected by ModCloth’s judges. One of these semi-finalists will be selected as the runner-up to receive that week’s $100 gift card; the rest of the semi-finalists will qualify for the Grand Prize, to be chosen by the judges once the entry period has concluded at the end of the month.
ModCloth will notify the Grand Prize Winner by email of ModCloth’s decision. Winners of the weekly runner-up prize will be contacted via platform of entry. To claim a Prize, the Winner must execute and deliver to ModCloth any documents requested by ModCloth. Grand Prize winners must sign a confirmation of eligibility, which includes acceptance of these Official Rules, a release of liability, and, to the extent not prohibited by law, a consent to use winner’s name and likeness, and an assignment of exclusive rights in the Photo, among other documents that may be specified in the winner notification, within seven (7) days from the date of notification. Any Winner who is not the age of majority in the state where he or she is a resident must have one of his or her parents or legal guardians complete, sign, and return all documents requested in the Winner’s notification.
By entering the Contest, you agree to these Official Rules and the decisions of ModCloth on behalf of yourself and each of your respective heirs, executors, administrators, legal representatives, successors and assigns (Releasing Party), and by entering, you release, defend and hold harmless ModCloth, its parent companies, subsidiaries, successors, affiliates, distributors, and professional advisers, and their respective officers, directors and employees (Released Parties) from any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, promises, lost profits, indirect or direct damages, consequential damage, incidental damages, punitive or exemplary damages, judgments, claims and demands whatsoever, in law, or equity, whether known or unknown, foreseen or unforeseen, which any Releasing Party has or may ever had, now or hereafter, arising from or related to the Contest, the preparation of any entry materials, or delivery, misdelivery, acceptance, possession, use of or inability to use any prize. Further, the Releasing Party hereby expressly waives all rights afforded by any statute or doctrine, including but not limited to Section 1542 of the Civil Code of California that limits the effect of a release, such as the one provided for, with respect to unknown claims. In this regard, Section 1542 of the Civil Code of the State of California provides as follows:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR SETTLEMENT WITH THE DEBTOR.
By entering the Contest, you agree to indemnify, defend, and hold harmless ModCloth, its parent companies, subsidiaries, successors, distributors, affiliates, and professional advisers, and their respective officers, directors and employees from and against any and all claims, actions, demands, and liabilities, including those raised or brought by third parties, and any costs and expenses, including, without limitation, reasonable attorney and professional fees and costs and other expenses of any nature incurred in the investigation and defense of any such claims resulting from your breach of any provision of these Official Rules, or any representation or warranty you provide herein, or otherwise arising in any way out of your Photo or your entry into the Contest, whether now known or unknown, or anticipated or unanticipated. ModCloth reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with ModCloth in asserting any available defenses.
11. Choice of Law
The Contest shall be governed by and interpreted under the laws of the State of California, without regard to its conflict of law provisions. By entering the Contest, you agree that any disputes, claims causes of action or controversies arising out of or in connection with this Contest shall be resolved by the State and Federal courts in San Francisco, CA which shall have sole jurisdiction of any controversy regarding or arising from the Contest or these Official Rules. BY ENTERING THE CONTEST, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THE COURTS COVERING SAN FRANCISCO, CALIFORNIA AND SUBMIT TO THE JURISDICTION OF THE COURTS COVERING SAN FRANCISCO, CALIFORNIA. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Contest or these Official Rules.
13. Winner List/Official Rules
For names of the Winners or a copy of these Official Rules visit ModCloth’s website at http://www.modcloth.com/.