NO PURCHASE, DONATION OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE, DONATION OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST HAVE A PUBLIC TWITTER ACCOUNT TO PARTICIPATE.
PROMOTION PERIOD: The Promotion begins on June 15th, 2017 at 12:00:01 a.m. Pacific Standard Time (“PST”), and ends on June 28th at 11:00:00 p.m. PST (the “Promotion Period”). The Sponsor’s computers are the official time-keeping device for the Promotion, including the timeliness of entries.
ELIGIBILITY: The Nasty Gal x TLC Way Back Promotion (the “Promotion”) is subject to all applicable laws. Only legal residents of United States who are at least the age of majority in the entrant’s jurisdiction of residence at time of entry are eligible to enter and have a public Instagram account. Void outside the jurisdictions listed in the preceding sentence and where prohibited by law. Not open to employees, officers or directors, or to members of the immediate family or household (whether related or not) of any employees, officers, or directors of Nasty Gal (“Sponsor”), or any of its parents, subsidiaries, affiliates, franchisees, or any advertising, promotion or other agencies or suppliers involved in this Promotion (collectively, the “Promotion Entities”). Eligibility may be verified at any time.
To participate, you must be a registered user of Instagram with a publically available account. If you are not a registered user of Instagram, you may become a registered user and obtain a “handle” and password by completing the registration instructions at Instagram.com. There is no fee or charge to become a registered user of Instagram.
HOW TO ENTER: During the Promotion Period, visit and follow instagram.com/nastygal (the “Feed”), where the Sponsor will post an image asking entrants to participate in the Promotion by posting a photo of themselves on Instagram in their favorite vintage clothing along with a caption detailing why the piece is special to them, the hashtag #NastyGalsGoWayBack, and following and tagging @nastygal and @officialtlc. Without limiting the foregoing, to be valid, your entry Instagram post must (i) be submitted during the Promotion Period, (ii) precisely follow the instructions above, (iii) contain other text of your own (collectively, the “Additional Text”),; and (iii) comply with the Required Representations and Warranties (defined below).
For each valid and eligible entry received by Sponsor, entrant will receive one (1) entry in the Promotion. Limit one (1) entry per person and per e-mail address. Subsequent entries from the same person or Instagram handle will be disqualified. Any attempt by a person to enter more than once with multiple email accounts or any other means may result in disqualification. All entries must be submitted within and received by the end of the Promotion Period. Proof of submission is not proof of receipt.
REQUIRED REPRESENTATIONS AND WARRANTIES: To be eligible, all entries must comply with the following criteria (collectively, the “Required Representations and Warranties”):
Except for the exact text provided by Sponsor, the entry must be your own original work, created by you; must not have been previously published, released or distributed in any form; must not have been entered into any other drawing or competition nor won any award. The entry must not contain any material that would violate or infringe upon the rights of any person or entity, including without limitation copyrights, trademarks or rights of privacy or publicity, or that is defamatory, threatening, indecent, obscene, offensive, or critical of or negative towards Sponsor, its affiliates, or their respective goods/services, or that is unlawful, in violation of or contrary to any applicable laws or regulations, or which requires a license from any third party.
You represent that you have the express consent of any identifiable persons appearing in the entry to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the entry for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor.
The entry must not contain or reference any third-party names, social media handles, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service.
The entry must be appropriate for public viewing. Without limiting the foregoing, the entry must not be lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, violate any laws or otherwise contain content which Sponsor in its sole discretion decides is inappropriate, in poor taste, or objectionable. Your entry must also not disparage or cast a negative light on any person, entity, brand, product, or service.
Entries that do not comply with the above requirements may not be eligible and, if submitted, may be removed at any time in Sponsor’s sole discretion. Sponsor reserves the right in its sole discretion to disqualify any entry that it believes violates or potentially violates any of the foregoing requirements or otherwise fails to comply with any provision of these Official Rules. Entrants agree to reimburse Sponsor and Sponsor Affiliates in full in respect of any losses, damages, and expenses, including reasonable attorney fees that they may sustain from the breach of a representation or warranty made by the entrant or the use of any rights granted by the entrant to Sponsor hereunder. By entering, entrant warrants that the submitted entry and image comply with the entry requirements set out above including those at (i)-(v) above.
By entering, entrant, to the fullest extent of the law, grants to Sponsor a perpetual, irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that entry and image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the entry and/or image in any form, manner, venue, media or technology now known or later developed for any and all purposes, including, without limitation, for purposes of trade, advertising, and promotion as Sponsor and its licensees or assignees determine, without further compensation, notification, or permission. Further, by entering, the entrant hereby waives any moral rights the entrant may have in the entry and/or image in favor of the Sponsor. At Sponsor’s request and in its sole discretion, entrants may be required to execute an assignment and release transferring all rights and ownership of their entry and/or image to Sponsor, the form of such assignment to be determined by Sponsor in its sole discretion.
By submitting an entry, entrant, to the fullest extent of the law, also grants to Sponsor the worldwide, perpetual, irrevocable, fully sub-licensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the entry for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law.
Sponsor reserves the right to disqualify any entrant in its sole discretion. If any process fails to operate properly or appears to be tampered with or tainted with errors, fraud or unfair practices, Sponsor reserves the right to use another means to determine the winner(s). All entries are subject to verification.
JUDGING AND WINNER NOTIFICATION: On or around 06/28/2017, all eligible entries will be judged by a panel of judges in one or more rounds by applying the following criteria: (i) originality (25%); (ii) appropriateness to theme (25%); (iii) quality of expression (25%); and appropriateness to image of Sponsor (25%). The judging panel will select 1 winner. The decisions of the judges are final and binding. After judging is complete, the potential winner will be notified by Instagram direct message, telephone, mail, and/or email, in Sponsor’s discretion, using the contact information given or otherwise available at the time of entry, and provided with information and directions to timely claim the prize. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not fully respond as instructed within three (3) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected. Each potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If any eligible winner is not of legal age of majority in his or her place of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
PRIZES/ODDS: The winner will receive the following prize: 2 tickets to TLC’s July 14th concert at the Greek Theater in Los Angeles, CA. Airfare, transportation, expenses and accommodations will not be provided for this event and must be provided by the winner.
To the extent allowed by law, winner is solely responsible for the payment of any taxes that may be due as a result of the acceptance or use of any prize. Prize is non-transferable and no substitution by winners or cash equivalent is allowed, except Sponsor reserves the right to substitute prize for one of comparable or greater value if the advertised prize becomes unavailable. Any dates are subject to change. Any prize is awarded “AS IS.” Neither Sponsor nor any other Promotion Entity makes any warranty or guarantee, either express or implied (including, without limitation, quality, merchantability and fitness for a particular purpose) in connection with this Promotion or any prize. No responsibility is assumed for cancellation of any prize-related events beyond sponsor’s control.
GENERAL PROVISIONS: To the extent allowed by applicable law, acceptance of a prize constitutes winner’s permission (or minor winner’s parent/legal guardian’s permission) for Sponsor to use winner’s name, entry, photograph, likeness, voice, biographical information, Twitter handle, statements and address (city and state and country) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity (or for as long as allowed under applicable law), without further compensation except where prohibited by law. Entrants (and any minor entrant’s parent or legal guardian) agree, to the extent allowed by applicable law, that the Promotion Entities shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, from participation in the Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize.
No responsibility for any damage to an entrant’s computer system which is occasioned by accessing the Website or otherwise participating in the Promotion, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures or delays. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen, or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
Sponsor reserves the right in its sole discretion to disqualify from this Promotion and any other promotions offered by Sponsor, any individual who is found to be tampering with the entry process or the operation of the Promotion or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion, or to annoy, abuse, threaten or harass any other person. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
In the event of a dispute as to the identity of the entrant, any on-line entry will be deemed submitted by the authorized account holder of the e-mail account from which it was sent, provided such account holder must still meet the eligibility requirements for the Promotion. The authorized account holder shall be the natural person to whom the applicable email address has been assigned by the Internet access provider, service provider, or other online organization responsible for assigning e-mail addresses for the domain associated with the winning Twitter account.
Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion, in whole or in part, if it determines, in its sole discretion, that the Promotion is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Promotion as contemplated herein. If the Promotion is terminated before the designated end date, Sponsor will (if possible) select a winner in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
By entering the Promotion, you agree, to the extent allowed by applicable law, that (i) any and all disputes, claims, and causes of action arising out of or in connection with the Promotion, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to reasonable and actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental, indirect or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for reasonable and actual out-of-pocket expenses.
The Promotion, the prize, these Official Rules, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim which may arise out of or in connection with the Promotion, the prize, or these terms, and, by entering this promotion, entrants waive any objection thereto to the extent allowed by applicable law.
WINNER NAMES: For the name of the winner or for a copy of these Official Rules please send a stamped addressed envelope together with your written request to the following address by one (1) month following the close of the Promotion Period: 6600 Sunset Blvd, Los Angeles, CA 90028
SPONSOR: Nasty Gal, 6600 Sunset Blvd, Los Angeles, CA 90028
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