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Inspirational Women Instagram Contest

Official Rules


Inspirational Women Instagram Contest (“Contest”):

How to Enter: Entrant must follow Sponsor’s Instagram feed at @hipsandcurves , (the “Instagram Feed”) and during the period that begins 03/08/14 at 12:01 AM (PT) through 03/14/14 at 11:59 PM (PT) (the “Entry Period”), follow the online instructions to upload and submit one (1) original photograph (not from third parties) reflecting the woman who has been most inspirational in your life, (provided entrant has the rights to the photograph) , that must include #whoinspiresyou, #hipsandcurves to the Instagram Feed. Registration with Instagram is required to enter the Contest. There is no cost to register with Instagram. If you do not have an Instagram account, you can sign up for one either at the app store or at Entries must be received before the end of the Entry Period and the Sponsor’s database clock will be the official timekeeper for this Contest. Entries become the exclusive property of Sponsor and will not be returned or acknowledged. Due to the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.

Winner Selection: At the end of the Entry Period, Sponsor will review all entries for eligibility. All eligible entries will be judged by Sponsor based on the combined scores of the following criteria: photographic quality (20%), artistic quality of the images (20%), originality (20%); creativity (20%); adherence to the rules (10%); and a general sense of the Hips & Curves brand aesthetic (10%). In the event of a tie, the person among the tied entrants with the highest score in photographic quality will be the winner. Sponsor will select three (3) Contest winners in accordance with the procedures set forth herein. The determination of the winners shall be made by Sponsor in its sole discretion, and such determination shall be final and binding.

Prizes and Approximate Retail Values: Three winners (3) will each receive one Hips & Curves eGift Card with an ARV: $50.

Notification of Winners: Potential winners will be notified by a comment placed on their Entry by Sponsor promptly following the winner selection on or about March 17, 2014 and must respond to [email protected] providing full name, address, date of birth, telephone number and return email address within 48 hours from notification or an alternate potential winner will be selected. If the selected winner cannot be contacted, is ineligible, fails to claim the prize or fails in the timely return of the completed and executed declaration and releases as required, prize may be forfeited and an alternative winner selected. Winner may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within 7 days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winner hereby further agrees that it will sign any documents necessary to transfer copyright of the entry to Sponsor within 7 days following the date of first attempted notification. Acceptance of the prize constitutes permission for Sponsor and its agencies to use winner’s name and/or likeness, biographical material and/or entry (including an altered form of the entry) for advertising and promotional purposes without additional compensation, unless prohibited by law. Prize will be awarded only if the potential winner fully complies with these Official Rules.

Winner’s List: The name of the three winners of this Contest will be posted on the Instagram Feed once such winners have been selected and their eligibility confirmed. For winner’s name, send a separate self-addressed, stamped envelope to Hips & Curves Instagram Contest, 171 Pier Avenue Suite 387 Santa Monica, CA 90405. Incomplete or entry forms that have been tampered with will be disqualified.

1. ENTRIES: Limit (1) one entry per person for the Inspirational Women Instagram Contest. Entries using macro, robotic, script or other forms of automatic entry will be disqualified. Entries become the property of the Sponsor and will not be returned. Proof of entry does not constitute proof of receipt. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.

2. IMAGE OWNERSHIP REQUIREMENTS AND GRANT OF LICENSE: (i) Your image must be your own original image, created and shot by and/or featuring 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; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity. Modification of an existing image does not count as original for purposes of this contest. (ii) You represent that you have the express consent of any identifiable persons appearing in the image to their likeness being used in the ways set out in these Official Rules, including Sponsor’s right to use the image for any future commercial purpose without restrictions. Upon request, you will obtain written consent of any such persons for Sponsor. If any person appearing in the image is under the age of majority in their state of residence, the written consent and signature of a parent or legal guardian is required. The image must not contain any personally identifiable information of any person.(iii) Excepting those of Sponsor, the image must not contain or reference any names, products or services of any company or entity or any third party trademarks, logos, trade dress or promotion of any brand, product or service. (iv) The image 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 or objectionable. 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. By entering, entrant grants to Sponsor a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce that image and to otherwise use, exploit, copy, modify, adapt, edit, publish and display the 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 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 image to Sponsor, the form of such assignment to be determined by Sponsor.

3. ELIGIBILITY: Open to legal residents of the United States and Canada (except Rhode Island and Quebec Province) who have reached the age of majority in their state or province of residence at time of entry. Void in Quebec Province and where prohibited by law. Employees of Sponsor, its parents, affiliates and subsidiaries, participating advertising and promotion agencies, (and members of their immediate family and/or those living in the same of household of each such employee) (collectively, the “Promotion entities”) are not eligible.

4. CONDITIONS OF PARTICIPATION: Entrants must have a valid e-mail address and it is entrant’s responsibility to update Sponsor of any change in e-mail address. Expenses not specifically included in prize description and all taxes are the sole responsibility of the winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. All federal, state, provincial and local laws and regulations apply. Entrants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. Sponsor is not responsible for any printing, typographical, mechanical or other error in the printing of the offer, administration of the Contest or in the announcement of the prize. This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook.

5. REPRESENTATIONS AND WARRANTIES: By participating in the Contest, entrant warrants and represents that his/her entry is original to the entrant, has not been previously published or won any award and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights (including, without limitation, copyrighted images or footage), trademarks or rights of privacy or publicity. By entering, entrant warrants that the submitted image complies with the entry requirements set out above including those at 2(i)-(iv) above. The entrant further warrants and represents that entrant has all appropriate clearances, permissions and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations and releases from anyone who assisted in the creation of the photograph. The entrant must be able to provide on request all appropriate clearances, permissions and releases for the entry, including releases from all persons appearing in the photograph, location releases for all recognizable locations and releases from anyone who assisted in the creation of the photograph. In the event an entrant cannot provide all required releases, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable entry or seek to secure the releases and clearances for Sponsor’s benefit.

6. INDEMNIFICATION AND REIMBURSEMENT OF EXPENSES: By accepting prize, winner agrees to indemnify and hold Sponsor and their respective parent companies, subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors and employees harmless for any injury or damage caused or claimed to be caused by participation in the Contest or acceptance or use of the prize. Each entrant hereby agrees to indemnify and hold the Promotion entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. 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.

7. INTERNET: Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate transmissions of or failure to receive entry information by Sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any website or any combination thereof. If for any reason the Internet portion of the program is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Contest, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. Sponsor reserves the right to select winners from eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in a Contest if it determines that said entrant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception or other unfair playing practices or intending to abuse, threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.

8. DISPUTES/CHOICE OF LAW: California law, without reference to California’s choice of law rules, governs the Contest and all aspects related thereto. Except where prohibited, each entrant agrees 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 state or federal courts situated in Los Angeles, California, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.

9. SPONSOR: The Sponsor of this Contest is Hips & Curves, 171 Pier Avenue Suite 387 Santa Monica, CA 90405