NASTY GAL "WIN FREE SHOES FOR A YEAR” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. NO PURCHASE OF ANY GOOD OR SERVICE WILL INCREASE YOUR CHANCES OF WINNING.
THE CURRENTLY ACTIVE NASTY GAL ‘WIN FREE SHOES FOR A YEAR’ SWEEPSTAKES (THE “SWEEPSTAKES”) IS VOID WHEREVER PROHIBITED BY LAW.
THESE OFFICIAL SWEEPSTAKES 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 SWEEPSTAKES AND ALL MATTERS RELATED THERETO.
THIS SWEEPSTAKES IS NOT IN ANY WAY SPONSORED, ENDORSED, ADMINISTERED BY OR OTHERWISE ASSOCIATED WITH FACEBOOK IN ACCORDANCE WITH ITS RULES AND REGULATIONS. http://www.facebook.com/promotions_guidelines.php
1. SPONSOR. This Sweepstakes is sponsored solely by Nasty Gal, Inc. (the “Sponsor”).
2. SWEEPSTAKES ENTRY PERIOD. The Sweepstakes begins on January 16th, 2012 and ends on January 30th, 2012 at 11:59pm PST (such period referred to hereinafter as the “Sweepstakes Period”). All Sweepstakes entries must be received from eligible entrants during the Sweepstakes Period. The Sponsor’s designated Sweepstakes computer at its offices shall be and is the official time keeping device for online entry into the Sweepstakes. No entries into the Sweepstakes will be accepted before or after the Sweepstakes Period. No entries will be accepted from ineligible entrants or in abrogation of any of the Rules.
3. ELIGIBILITY. The Sweepstakes is open only to legal residents of the 50 states of the United States of America and the District of Columbia (the “Sweepstakes Territory”) who are 18 years of age or older as of the beginning of the Sweepstakes Period. Employees of the Sponsor, its parent, subsidiaries, affiliates, divisions and all advertising agencies, printers, promotional agencies and families of each involved in this Sweepstakes are not eligible to participate, enter or win. The Sweepstakes is subject to all applicable federal, state and local laws and regulations.
4. SWEEPSTAKES DESCRIPTION. The Sweepstakes is a Sweepstakes that encourages persons entering this Sweepstakes (“Entrants” “you” or “your”) to “like” the Nasty Gal Facebook page and submit his or her email to the “Win Free Shoes For A Year” Facebook tab application or submit his or her email to the “Win Free Shoes For A Year” landing page on Sponsor’s site at http://www.nastygal.com/win-shoes-for-a-year for a chance to win one grand prize of twelve pairs of shoes, in accordance with these Rules, as described on the Sponsor’s site at http://www.nastygal.com/win-shoes-for-a-year/#rules. Such eligible entrants will be eligible for the prize described below subject to the terms and conditions herein.
5. PRIZES AND VALUE: There will be one (1) Prize awarded. The Prize consists solely of one pair of shoes from the Sponsor’s site each month.
The total value of the Prize to be awarded for the Sweepstakes is limited to $3,000.00 USD. All federal, state, and local tax liabilities are the sole responsibility of the Winner. The Prize Winner(s) 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. RANDOM DRAWING: One (1) Prize Winner will be selected in a random drawing from among all eligible entries on January 31st, 2012 by Sponsor, whose decisions are final and binding in all matters relating to this Sweepstakes. The Prize is guaranteed to be awarded to eligible entrants of the Sweepstakes.
7. PRIZE CONDITIONS: No substitution for any Prize awarded in the Sweepstakes 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 fifteen (15) days of issuance in order to claim their Prize. Failure to return all required documents in this time period may 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 Sweepstakes 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 Sweepstakes.
8. HOW TO ENTER.
Online Entry Method: To enter, log onto Facebook and visit the Sponsor’s Facebook Fan Page (www.facebook.com/NastyGal) and follow the instructions per the Sweepstakes Tab “Win Free Shoes For A Year”, which complies with the terms of these Rules. If there is a dispute regarding the identity of a Facebook user Entrant, the authorized account holder of the Facebook account at the time of entry (i.e., the natural person who is assigned to the e-mail address that is associated with the Facebook account) will be deemed the Entrant.
Or, visit the Sponsor’s site (http://www.nastygal.com/win-shoes-for-a-year) and follow the instructions on the page.
Only one entry per person per Sweepstakes will be eligible. Entries that do not include all requested information will be ineligible.
Mail?In Entry Method: Alternatively, you may enter the Sweepstakes by mail. To enter the Sweepstakes by mail, hand-print the words “Win Free Shoes For A Year” Sweepstakes, along with your name, age, address, city, state, zip code, telephone number, and e-mail address (if applicable) on a 3” x 5” card and mail it in an envelope to: Nasty Gal “Win Free Shoes For A Year” Sweepstakes, 523 West 6th Street, Suite 330, Los Angeles, CA 90014, Attn: Marketing Department. All mailed-in entries must be received by January 30th, 2012, prior to the day’s drawing.
Regardless of entry method, you may enter the Sweepstakes only once during the Sweepstakes Term.
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. ODDS OF WINNING: Odds of winning a Prize depend on the total number of eligible entries received for the Sweepstakes and are equal regardless of method of entry.
10. WINNER NOTIFICATION. Each Winner will be notified via e-mail per the date outlined in the Sweepstakes description, 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 January 31st, 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.
11. 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.
12. 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/win-shoes-for-a-year/#rules and any applicable policies or procedures posted by Facebook related to the conduct of this Sweepstakes or otherwise, (ii) based on the Rules, you are eligible to participate in the Sweepstakes, 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 Sweepstakes; and (d) acknowledge that this Sweepstakes is in no way sponsored, endorsed, administered by or associated with Facebook, 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 Sweepstakes, entrant affirms that he or she has read and agrees to abide by the Official Sweepstakes Rules and the decisions of the judges.
13. INDEMNIFICATION; RELEASE. BY ENTERING THE SWEEPSTAKES, ENTRANTS AND EACH WINNER AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, FACEBOOK, 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 SWEEPSTAKES AND/OR RECEIPT OR USE OR MISUSE OF THE PRIZE AWARDED IN THE SWEEPSTAKES.
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 Sweepstakes 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 or Facebook. 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 Sweepstakes; (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 Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes 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 Sweepstakes or receipt or use or misuse of any prize. 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 Sweepstakes at the discretion of the Sponsor.
Except where prohibited, Entrants and each Winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes 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 Sweepstakes, 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 Sweepstakes, 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.
14. PUBLICITY. Except where prohibited, participation in the Sweepstakes 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.
15. GENERAL CONDITIONS. Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes or disqualify an Entrant if fraud, misconduct or technical failures destroy the integrity of the Sweepstakes 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.
16. 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 Sweepstakes will result in your disqualification from the Sweepstakes. You may not enter the Sweepstakes with multiple entries or use any other device or artifice to enter multiple times or as multiple registrants. Any one who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register multiple times will be disqualified and forfeit any prize won. If for any reason the Sweepstakes 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 Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify, or suspend the Sweepstakes. In the event that the Sweepstakes is cancelled or terminated prior to the stated end date, Sponsor will randomly select the winners for the Sweepstakes 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 Sweepstakes or the downloading or accessing of any materials in the Sweepstakes.
17. OWNERSHIP AND OTHER RIGHTS. Sponsor will solely and exclusively own all right, title and interest in and to the Sweepstakes 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. “Sweepstakes Materials” include, to the extent applicable (1) any information and material submitted by you in connection with the Sweepstakes; and (2) subject to your rights in your Personal Data, the Entry Form and any other forms, documentation or releases required to be submitted by you for the Sweepstakes, whether submitted to the Sponsor prior to or after the judging process. The Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes Materials, including, without limitation, a “license back,” rights of attribution; claims based on “moral rights” and similar theories; and liens, encumbrances and the like. 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 Sweepstakes Materials. To the extent that you own (presently or in the future) any intellectual property rights that were not created in connection with the Sweepstakes 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.
18. WINNERS’ NAME. For an Official Winners List (available after February 1, 2012) or a copy of these Official Rules, send a self-addressed, stamped envelope to: Nasty Gal “Win Free Shoes For A Year” Sweepstakes - 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/win-shoes-for-a-year/#rules. Requests received after 30 days after the Sweepstakes ends will not be honored.
THIS SWEEPSTAKES IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
© 2012 (Nasty Gal, Inc.) All rights reserved.
