* Promotion open to legal residents of the United States (excluding Rhode Island), Canada (excluding Quebec), the United Kingdom, and Australia, and who are of legal age of majority (where they reside) at the time of entry.
* Entries may be submitted from 1:00 p.m. Pacific Time on July 9, 2013 until 5:00 p.m. Pacific Time on July 22, 2013.
* There are eleven (11) prizes offered: (1) USD $1,000 gift card for the first place winner and one (1) pair of shoes from Sponsor’s online store of the winner’s choosing, (2) ten (10) USD $150 gift cards for the runners-up. Each gift card shall be to Sponsor’s online store located at www.nastygal.com. Approximate total retail value of US $3,000. Please note that all gift cards awarded will be in United States Dollars, regardless of where the winner resides. The Photos will be judged by Sponsor and independent third party(ies) on the basis of creativity, composition, style, theme and authenticity/uniqueness.
* This Promotion is a skill-based contest and chance plays no part in the determination of the winners.
* Other requirements and restrictions apply; see Official Rules for details.
* The Promotion is sponsored by Nasty Gal Inc., located at 523 W. 6th Street, Suite 330, Los Angeles, CA 90014.
* The Official Rules are available in their entirety by clicking here.
Hit The Dance Floor Contest (the “Promotion”)
OFFICIAL RULES (the “Rules”)
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
The Promotion is a contest promotion offered by Nasty Gal Inc. (the “Sponsor”). These Rules govern the Promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules.
Please note that this Promotion is not in any way sponsored, endorsed or administered by, or associated with, Instagram. You are providing information to Sponsor and not to Instagram.
Participation in the Promotion is open only to persons who at the time of entering (a) have reached the legal age of majority where they reside and (b) are legal residents of (i) Canada, but excluding Quebec, (ii) of the United States (including the District of Columbia, but excluding Rhode Island), (iii) the United Kingdom, or (iv) Australia. Employees of Sponsor or its Affiliates (defined below), advertising agencies or promotional agencies, however, are not eligible to participate in the Promotion; nor are any immediate family members (mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person residing in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is VOID WHERE PROHIBITED BY LAW.
2. HOW TO ENTER
The ability to enter the Promotion will begin at 1:00 p.m. Pacific Time (“PT”) on July 9, 2013 and end at 5:00 p.m. PT on July 22, 2013 (the “Promotion Period”). To enter, complete the following steps:
- Follow @NastyGal on Instagram.
2) Take a video of yourself busting a move in your favourite pair of shoes and upload it to Instagram – show off your fancy footwork! (the “Video”).
3) Upload the Video to Instagram with the hashtag “#danceoffcontest” and post.
All Videos must be uploaded by 5:00 p.m. PT on July 22, 2013.
There is no limit to the number of Videos an entrant may submit.
Please see Sponsor’s Privacy Statement (located at https://www.nastygal.com/privacy-statement/) for details of Sponsor’s use of personal information collected in connection with this Promotion. These Rules govern any conflict, however, between the terms of such Privacy Statement and these Rules. You also agree to abide by Instagram’s Community Guidelines (located at http://help.instagram.com/477434105621119/) and any other terms and conditions set forth by Instagram or instaDM or applicable to your use of the Instagram or instaDM services. Any failure to comply with these terms may result in automatic disqualification from the Promotion.
Each Video, in its entirety, must be a single work of original material taken by the entrant. By entering this Promotion, you represent, acknowledge and warrant that each submitted is an original work created solely by you, that each Video does not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each Video. Each Video must not, in the sole discretion of Sponsor, contain obscene, defamatory, or otherwise objectionably or inappropriate content.
In its discretion, Sponsor may disqualify any Video (in whole or in part) that Sponsor determines, in its sole discretion, was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, or is non-compliant with these Rules.
Costs associated with entering the Promotion (if any) are the your responsibility and are dependent on the internet service provider, telecommunications provider or other third party used to enter the Promotion.
There are eleven (11) prizes available to be won (each, a “Prize”). The first (1st) place prize shall be one (1) One Thousand Dollar (USD $1,000) gift card to Sponsor’s online store and one (1) pair of shoes from Sponsor’s online store of the winner’s choosing; and the runner-up prizes shall be ten (10) One Hundred Fifty Dollar (USD $150) gift cards to Sponsor’s online store. Sponsor’s online store is located at www.nastygal.com. The total approximate retail value of the Prizes in the aggregate is USD $3,000. Please note that all gift cards awarded will be in United States Dollars, regardless of where the winner resides. For the purpose of determination of each Prize’s value (or any part thereof, or the aggregate of all Prizes), the determination of Sponsor will be final and binding. The right to a Prize (or any part thereof) is not transferable by a winner. Each Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, any Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. No responsibility or liability is accepted for any variation in the value of the Prizes.Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to a Prize (or any substitution) or its delivery (including shipping and related taxes, tariffs and duties of any purchases made by a Prize winner using a gift card won in this Promotion), transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of each Prize winner, except for a single instance of shipping and handling arranged by Sponsor for the pair of shoes awarded to the first place prize winner.
4. JUDGING; SELECTION AND NOTIFICATION OF WINNERS
Eleven (11) Prize winners will be selected by the Sponsor on July 24, 2013 from among all eligible entries received by 5:00 pm PST on July 22, 2013, based on the judges review of all entries and their selection of entries based on the judging criteria set forth below. By participating, entrants agree to be bound by the Rules and the decisions of the judges, which shall be final and binding in all respects. This Promotion is a skill-based contest (i.e. game of skill) and chance plays no part in the determination of the winners.
The Videos will be judged by employees of Sponsor on the basis of creativity, composition, style, theme and authenticity/uniqueness. On July 24, 2013, Sponsor will post each potential winner’s name on Sponsor’s blog located at www.blog.nastygal.com.
The Sponsor reserves the right to require each potential winner to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules. The Sponsor or its designee will attempt to contact each potential winner by posting each potential winner’s name on Sponsor’s blog located at www.blog.nastygal.com for at least a seven (7) day period from the date Sponsor first posts each potential winner’s name on its blog, after which each potential winner must download the application instaDM (which you can download in the iTunes or Google Play stores, as applicable) in order for Sponsor to contact each potential winner personally. If any of the potential winners cannot be contacted after seven (7) days from the date Sponsor first posts each potential winner’s name on its blog located at www.blog.nastygal.com (including if a potential winner cannot or will not download the application instaDM), or if a Prize notification is returned or reported as undeliverable, or if a potential winner (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if a potential winner fails to, is unable to or is unwilling to comply with these Rules, or if a potential winner fails to, is unable to or is unwilling within fourteen (14) days to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules, then that potential winner forfeits all rights to win the Promotion or receive a Prize and will be deemed disqualified. In such case another potential winner shall be selected for the Prize at issue based upon the judging criteria set forth above. This process may be repeated until each Prize has been awarded and delivered, upon which event such potential winners will be declared the winners of the Promotion. All findings, determinations and decisions of the Sponsor and/or the judges may be made in the Sponsor’s and/or the judges’ sole discretion and are final and binding in all matters relating to this Promotion and in all respects.
For Canadian Residents Only:
Before being declared a winner, a potential winner who is a resident of Canada must first correctly answer, without assistance, whether mechanical or otherwise, a time-limited mathematical skill testing question to be administered at a time mutually convenient for the potential winner and Sponsor.
5. RELEASE AND CONSENT; LICENSE
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any Prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Instagram, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any Prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
Except where prohibited by law, by entering the Promotion, you hereby consent to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of your Video(s), picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
By entering the Promotion, you hereby grant an irrevocable, perpetual, worldwide, non-exclusive license to Sponsor and its Affiliates, to reproduce, distribute, display and create derivative works of the Video(s) (with or without a name credit) in connection with this Promotion, the promotion thereof, in connection with Sponsor’s business, or for any lawful purpose, in any media now or hereafter known. You further consent to Sponsor and its Affiliates doing or omitting to do any act that would otherwise infringe upon your “moral rights” in your Video(s), and you hereby waive any “moral rights” you have in or to your Video(s). Any display or publication of your Video(s) does not indicate that you will be selected as a Prize winner. Neither Sponsor nor its Affiliates will be required to pay any further compensation or seek any additional approval in connection with such license and use.
6. DISCLAIMERS AND NOTICES
To the extent permitted by law (including but not limited to the laws of the United States, Canada, laws of England and Wales, and Australian Consumer Law), Sponsor is not responsible for (i) Videos that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of a Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person's computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice, (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person, or (iii) to verify the validity of entries and your identity, age and place of residence.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. TO THE EXTENT PERMITTED BY LAW (INCLUDING BUT NOT LIMITED TO THE LAWS OF THE UNITED STATES, CANADA, LAWS OF ENGLAND AND WALES, AND AUSTRALIAN CONSUMER LAW), UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED $500, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by: (i) the laws of the State of California (excluding conflicts of laws rules) for all entries originating from the United States or Canada, (ii) laws of England and Wales for all entries originating from the United Kingdom, or (iii) Australian law for all entries originating from Australia. For the avoidance of doubt, all references to applicable laws relate to entrants that ordinarily reside in the jurisdiction of the applicable laws (for instance, these Rules are subject to all Australian laws (including the Australian Consumer Law) in so far as the entrant is a person ordinarily residing in Australia and otherwise eligible to enter this Promotion).All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Los Angeles County, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California.
8. WINNERS LIST
The identity of the winners will be published approximately one (1) day after the winners have been finally declared and the Prizes (or any part thereof) have been finally awarded. Such publication will be posted to the following Web site: www.blog.nastygal.com, or such other Web location of Sponsor’s as may be deemed appropriate by Sponsor, and shall remain on such website for at least one (1) month. For the name of the Prize winners, you may also send a request to email@example.com or send a self-addressed, stamped envelope to: Nasty Gal Inc. - ATTENTION: Marketing Department, 523 W. 6th Street, Suite 330, Los Angeles, CA 90014. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
Subject to the license in Section 5 above, all entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Subject to the license in Section 5 above, upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
Nasty Gal Inc.
523 W. 6th Street, Suite 330
Los Angeles, CA 90014
NASTY GAL, and all related names, logos, product and service names, designs and slogans are trademarks of Nasty Gal or its affiliates or licensors.
© 2013 Nasty Gal Inc. All rights reserved.
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