NASTY GAL "NASTY GALS DO IT BETTER” CONTEST OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST.  NO PURCHASE OF ANY GOOD OR SERVICE WILL INCREASE YOUR CHANCES OF WINNING.

THE CURRENTLY ACTIVE NASTY GAL ‘NASTY GALS DO IT BETTER’ CONTEST (THE “CONTEST”) IS VOID TO THE EXTENT PROHIBITED BY LAW.
THESE OFFICIAL CONTEST RULES (THE “RULES”) ARE A LEGALLY BINDING AGREEMENT BY AND BETWEEN YOU AND THE SPONSOR (AS DEFINED BELOW) AND AS SUCH, THEY SHALL GOVERN YOUR ENTRY IN THE CONTEST AND ALL MATTERS RELATED THERETO.


1. SPONSOR. This Contest is sponsored solely by Nasty Gal, Inc. (the “Sponsor”).

2. CONTEST ENTRY PERIOD. The Contest begins at 1:00pm PST on June 27th, 2012 and ends on July 11th, 2012 at 4:59pm PST (such period referred to hereinafter as the “Contest Period”). All Contest entries must be received from eligible entrants during the Contest Period. The Sponsor’s designated Contest computer at its offices shall be and is the official time keeping device for online entry into the Contest.  No entries into the Contest will be accepted before or after the Contest Period.  No entries will be accepted from ineligible entrants or in abrogation of any of the Rules.

3. ELIGIBILITY. The Contest is open only to legal residents of the 50 states of the United States of America and the District of Columbia,  Canadian residents (excluding Quebec), and all Australian residents who are 18 years of age or older or who have reach the age of majority in their Province of residence as of the beginning of the Contest Period. Employees of the Sponsor, its parent, subsidiaries, affiliates, divisions and all advertising agencies, printers, promotional agencies and families of each involved in this Contest are not eligible to participate, enter or win. The Rules are subject to all applicable laws of the jurisdictions from which Entrants may enter, including all relevant federal, state and local laws and regulations and is void where prohibited. 

4. CONTEST DESCRIPTION. The Contest encourages persons entering this Contest (“Entrants” “you” or “your”) to take a photograph (Photo) that says “Nasty Gals Do It Better” within the image and upload the photo with the hashtag #NastyGalsDoItBetter and post to the Instagram network to be eligible to win one of three prizes, in accordance with these Rules, as described on the Sponsor’s site at http://www.nastygal.com/nasty-gals-do-it-better-contest/.  Such eligible entrants will be eligible for the prizes described below subject to the terms and conditions herein.

5. PRIZES AND VALUE:  There will be three (3) Prizes awarded.  The grand prize (1st Place) consists of a one thousand dollar Sponsor gift card ($1,000.00 USD), Sponsor swag bag, and a Nikon D7000 DSLR camera.

The first runner-up prize (2nd Place) consists of a five hundred dollar Sponsor gift card ($500.00 USD) and Sponsor swag bag. The second runner-up prize (3rd Place) consists of a two hundred and fifty dollar Sponsor gift card ($250.00 USD) and a Sponsor swag bag.

The total value of the Prizes to be awarded for the Contest is limited to $3,450.00 USD.  All federal, state, and local tax liabilities are the sole responsibility of the Winner.  The Prize Winner is responsible for the reporting and payment of all applicable federal, state and local taxes (including income taxes) associated with their respective prize and will and hereby do hold Sponsor harmless from liability for failure to timely report and/or pay such taxes. An IRS form 1099 will be issued if the value of the total prize meets the IRS reporting threshold. Sponsor shall have no responsibility or obligation to any Winner or potential Winner who is unable to accept or utilize the prizes as described herein. In the case of a Winner’s forfeiture of a prize, Sponsor may select another winner according to these Rules.
 
6. JUDGING:  Three (3) Prize Winners will be selected by the Sponsor on July 13th, 2012, from among all eligible entries received by 4:59pm PST on July 11th, 2012 based on the judges review of all entries and their selection of entries based on the judging criteria. The Prizes are guaranteed to be awarded to three eligible entrants of the Contest. Judging will be done on the basis of creativity, photo composition, style theme and adherence to the Rules. 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 Contest is a game of skill.  Chance plays no part in determining the winner(s).

7. PRIZE CONDITIONS:  No substitution for any Prize awarded in the Contest will be permitted.  If necessary due to unavailability of the Prize, a prize of equal or greater value will be awarded at the discretion of the Sponsor.  Prize is not transferable, assignable or redeemable for cash.  Winner will be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release within fourteen (14) days of issuance by the Sponsor in order to claim their Prize.  Failure to return all required documents in this time period might result in the Winner being disqualified and an alternate Winner being selected.  If a Prize notification is returned to Sponsor as undeliverable or if an entrant is found to be ineligible or declines acceptance of the Prize for any reason, an alternate Winner will be selected.  By entering this Contest and/or accepting the Prize, Winner and entrants hereby consent (except where prohibited by law) to the reasonable use by Sponsor of the Winner’s and entrant’s name, age, photograph, voice, likeness and/or image, and hometown address without any further compensation for any future promotional activity related to this Contest.

8. HOW TO ENTER.
Entry Method: Visit the Sponsor’s site http://www.nastygal.com/nasty-gals-do-it-better-contest/ and follow the instructions on the page.

The Contest will begin at 1:00pm (Pacific Time) on June 27th, 2012, and all entries must be received by 4:59pm (Pacific Time) on July 11th, 2012 (the “Contest Period”).  The following rules apply to each submission:

Step 1:  Follow @NastyGal on Instagram.

Step 2: Take a photo that says “Nasty Gals Do It Better” within the image.

Step 3: Upload your photo with the hashtag #NastyGalsDoItBetter and post to the Instagram network.

All entrants hereby agree that upon submission of their Photo, the Sponsor shall have the right to reproduce the Photo, and create any derivative works of the Photo in perpetuity, and that the Sponsor shall have the right to publish in any media whatsoever the Photo (including any reproduction or derivative work) and use it in perpetuity for any lawful purpose, including promotional purposes, without further compensation.  By entering the contest, entrant represents that entrant created the Photo for his/her entry into this Contest.  To the maximum extent permitted by law, each entrant also releases the Sponsor from all liability arising from his/her entry in the Contest and use of the prizes, and agrees to sign any additional documentation which the Sponsor may reasonably request addressing this or any Rules.  The Sponsor reserves the right to request from any entrant additional documentation it reasonably believes is necessary to validate any entry or award any prize.

There is no limit on number of entries per person per Contest. Entries that do not include all requested information will be ineligible.

Subject only to rights in your Personal Data, as set forth below, ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE RETURNED OR ACKNOWLEDGED.

9. WINNER NOTIFICATION. Each Winner will be notified via e-mail by July 13th, 2012 and via Insta.DM (http://insta.dm/) to verify his or her Instagram handle and will be given instructions on how to claim the prize. The winner will also be announced on the Sponsor’s blog at http://blog.nastygal.com/ on July 13th, 2012.  Two (2) attempts will be made to contact a Winner within a five (5) day period. If a Winner fails to respond within the five (5) day period, or if an e-mail attempt is consistently returned as undeliverable, or if the selected Winner cannot accept or receive the prize for any reason within fourteen (14) days, or s/he is not in compliance with these Rules, the prize will be forfeited.

10. PERSONAL DATA. You are required to submit Personal Data on the Entry Form. All Personal Data will be held, used and processed by the Sponsor in accordance with its Privacy Policy as the Privacy Policy shall be posted at the Sponsor’s Site from time to time.  Personal Data will be collected and used for the purposes of conducting this Contest (which may include disclosure to third parties for the purposes of processing and conducting this Contest) and for promotional purposes surrounding this Contest.  By entering this Contest Entrants consent to the use of the Personal Data as described and agree that Sponsor may use this Personal Data, or disclose it to other organizations that may use it, in any media for future promotional, marketing and publicity purposes without any further reference or payment to Entrant.  Entrants may access, change and/or update their Personal Data and obtain a copy of Sponsor’s privacy policy by contacting Sponsor at hello@nastygal.com.

11. WARRANTIES AND CONSENTS. By completing and submitting an entry, you: (a) represent and warrant that (i) you have read, and agree to be bound by, the Rules posted at http://www.nastygal.com/nasty-gals-do-it-better-contest/#rules and any applicable policies or procedures posted by Facebook related to the conduct of this Contest or otherwise, (ii) based on the Rules, you are eligible to participate in the Contest, and (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; (b) consent to the use of your name and/or likeness by Sponsor for promotional purposes (whether online, in print or through any other media now known or hereafter developed), without additional compensation or authorization unless prohibited by law; and (c) agree to be bound by the interpretations of these Rules by Sponsor, which are final and controlling in all matters relating to the Contest; and (d) acknowledge that this Contest is in no way sponsored, endorsed, administered by or associated with Facebook, Twitter, Pinterest, Instagram or any affiliate thereof.

You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm compliance with the Rules.

By entering the Contest, entrant affirms that he or she has read and agrees to abide by the Rules and the decisions of the judges. 

12. INDEMNIFICATION; RELEASE.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, BY ENTERING THE CONTEST, ENTRANTS AND EACH WINNER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, FACEBOOK, INSTAGRAM, SPONSOR’S PARENTS, SUBSIDIARIES, DIVISIONS, PRINCIPALS AND AFFILIATES AND THEIR RELATED PARTIES, AND THE RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE “SPONSOR ENTITIES”) FROM AND AGAINST ANY AND ALL LIABILITY, DAMAGES, CLAIM OR CAUSE OF ACTION (HOWEVER NAMED OR DESCRIBED), INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, OR DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF PARTICIPATION IN THE CONTEST AND/OR RECEIPT OR USE OR MISUSE OF THE PRIZE AWARDED IN THE CONTEST.

To the maximum extent permitted by law, Entrants and each Winner shall release all rights to bring any claim, action or proceeding against Sponsor or any of the Sponsor Entities, further covenant not to sue Sponsor or any of the other Sponsor Entities and hereby acknowledge that neither Sponsor nor any Sponsor Entity has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Contest or the prizes.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS:

“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and Sponsor. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto.

The Sponsor Entities 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 Contest; (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 Contest; (4) technical or human error which may occur in the administration of the Contest 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 an Entrant’s participation in the Contest or receipt or use or misuse of any prize, except for any liability which cannot be excluded by law. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant’s sole remedy is another Entry in the Contest at the discretion of the Sponsor.

To the maximum extent permitted by law, Entrants and each Winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the California courts (state and federal) sitting in Los Angeles County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (3) under no circumstances will an Entrant or a Winner be permitted to obtain awards for, and each Entrant and Winner 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 these Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.

13. PUBLICITY. Except where prohibited, participation in the Contest consents the Sponsor to use a Winner’s name, likeness, photograph, voice, opinion and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

14. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process, its website, or the operation of the Contest or to be acting in violation of these Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. 

All federal, state and local laws and regulations apply. Sponsor is not responsible for incomplete, lost, late, damaged, illegible or misdirected mail/e-mail, or for any technical problems, malfunctions of any telephone lines, computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Sponsor is not responsible for any damage to any Entrant's computer system/software related to or resulting from participation or downloading any materials in this promotion. Potential winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the e-mail address associated with the winning Entry. All on-line entries must be submitted from a valid e-mail account, which may be identified by reverse domain name search. Sponsor assumes no responsibility for undeliverable e-mails resulting from any form of active or passive e-mail filtering by a user's internet service provider and/or e-mail client or for insufficient space in user's email account to receive e-mail. If, for any reason, the promotion cannot be conducted as planned by reason of infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond the control of the Sponsor which, in the sole opinion of the Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of this promotion, the Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the promotion. Sponsor reserves the right to modify the Contest or disqualify an Entrant if fraud, misconduct or technical failures destroy the integrity of the Contest as determined by Sponsor, in its sole discretion. Proof of submitting entries will not be deemed to be proof of receipt by Sponsor. Any use of robotic, automatic, programmed or the like methods of participation will void all such submissions by such methods. In the event Sponsor is prevented from continuing with the promotion or the integrity and/or feasibility of the promotion is severely undermined by any event beyond Sponsor's control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the promotion without any further obligation. If Sponsor, in its discretion, elects to abbreviate the promotion as a result of a Force Majeure event, Sponsor reserves the right, but not the obligation, to award the prizes from among all valid and eligible entries received up to the time of such Force Majeure event. In no event will more prizes be awarded than stated in these Rules.

15. INTERNET. The use of any automated launching or entry software or any other mechanical or electronic means that permits you to automatically enter repeatedly is prohibited. Any use or attempt to use by you of such means to enter the Contest will result in your disqualification from the Contest. You may not use any other device or artifice to enter as multiple registrants. Any one who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice will be disqualified and forfeit any prize won. If for any reason the Contest is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Contest. In the event that the Contest is cancelled or terminated prior to the stated end date, Sponsor will judge and select the winner for the Contest from among all eligible, non-suspect, entries received prior to the time of the action or event warranting such cancellation/termination. Proof of entering information on the Site is not considered proof of delivery or receipt by the Sponsor. The Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, or alteration of, entries. The Sponsor is not responsible for electronic transmissions or entries that are lost, late, stolen, incomplete, illegible, damaged, garbled, destroyed or misdirected, or for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any entry to be received by the Sponsor on account of technical problems, human error or traffic congestion on the Internet or at any Website, or any combination thereof, or for any injury or damage to your or any other person's computer relating to or resulting from your participation in the Contest or the downloading or accessing of any materials in the Contest.

16. OWNERSHIP AND OTHER RIGHTS. Sponsor will solely and exclusively own all right, title and interest in and to the Contest Materials (as defined below), in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. “Contest Materials” include, to the extent applicable (1) any information and material submitted by you in connection with the Contest, including your Photo; and (2) subject to your rights in your Personal Data, documentation or releases required to be submitted by you for the Contest, whether submitted to the Sponsor prior to or after the judging process. The Contest Materials have been specially ordered by Sponsor, and, therefore, will be deemed under US law, as “work made for hire” (in the US, under section 101 of the Copyright Act of 1976 as amended); but if the Contest Materials in whole or in part are not a “work made for hire,” you shall and hereby do irrevocably assign, convey, and transfer to Sponsor all right, title, and interest throughout the universe in perpetuity in and to such Contest Materials, without any obligation to pay additional consideration for the use or exploitation thereof. You will not retain any right, title or interest whatsoever in the Contest Materials, including, without limitation, a “license back,”; and liens, encumbrances and the like. To the extent permitted by law, Entrants unconditionally and irrevocably consent to any act or omission that would otherwise infringe any moral rights in their entry.  You hereby irrevocably waive any claims based on the foregoing. You shall not assert, nor assist or authorize any third party in asserting, any claim inconsistent with this paragraph or the following paragraph.

You will take all further acts necessary to effectuate the intent of these Rules, including, without limitation, executing and delivering to the Sponsor, all such agreements, contracts and any other documents to confirm Sponsor’s ownership of the Contest Materials. To the extent that you own (presently or in the future) any intellectual property rights that were not created in connection with the Contest Materials, but that may be necessary for Sponsor’s exercise of the rights assigned to it above (“Related Rights”), you agree to and do hereby grant to Sponsor, or will cause to be granted to Sponsor, at your cost and expense, a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable right and license to use, copy, manufacture, distribute, translate, perform, modify, display, transmit, create derivative works of, make, have made, offer to sell, sell, import, and otherwise exploit any such Related Rights to the extent necessary to enable Sponsor to exercise all rights assigned to Sponsor under these Rules.

17. WINNERS’ NAME. For an Official Winners List (available after July 16th, 2012) or a copy of these Rules, send a self-addressed, stamped envelope to: Nasty Gal “Nasty Gals Do It Better” Contest - WINNERS - or - OFFICIAL RULES (please specify), 523 West 6th Street, Suite 330, Los Angeles, CA, 90014 Attn: Marketing Department. Official Rules also available at http://www.nastygal.com/nasty-gals-do-it-better-contest/#rules. Requests received after 30 days after the Contest ends will not be honored.

THIS CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.  If the whole or any part of a provision of these Rules is void, unenforceable or illegal in a jurisdiction it is severed for that jurisdiction.  The remainder of these Rules has full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.  This clause has no effect if the severance alters the basic nature of this agreement or is contrary to public policy.

© 2012 (Nasty Gal, Inc.) All rights reserved.