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To qualify to compete in the Hips and Curves Ugly Bra Contest (the “Contest”),
please submit your entry by June 16th, 2010
Sponsor: CMI Enterprises, LLC d/b/a Hips and Curves (171 Pier Avenue, Suite 387, Santa Monica, CA 90405; email@example.com; (800) 220-8878 toll free in the US; (310) 910-9691 for International and within California).
Eligibility: Contest is open to females age 18 or older who
are legal residents of the United States, Canada, Australia and The United Kingdom.
All entries submitted, including statements and photographs, become property
of the Sponsor. All entries are deemed submitted upon submission of materials
(whether complete or not) to Sponsor through email at firstname.lastname@example.org.
No confirmation of receipt will be provided. This contest is void where prohibited
law. Submission of an entry grants the Sponsor and its parents, subsidiaries,
affiliates, divisions, advertising and promotional agencies, wholesalers and
retailers, and each of the foregoing entities’ employees, officers, directors,
shareholders, agents, successors and assigns the right to record, copy, publish,
use, edit, exhibit, distribute, perform, merchandise, license, sublicense, adapt
and/or modify such entry (including all photographs) in any way, throughout
perpetuity, in any and all media, whether now known or hereafter created, without
limitation and without any compensation or further notice to the Entrant. Entrants
agree to abide by these Official Rules and the judges' decisions, which are
How to Enter: To enter the contest, send an email to email@example.com and provide all materials and information requested including: 1) vital statistics (e.g., name, age, address, city, state, zip), 2) one full body frontal color photo in your “ugliest bra”. To qualify, all entries must be received by 11:59 PM Pacific Time (PT) on the deadline stated above. The number of contestants is unlimited, as all submissions received prior to the deadline will be entered. Photos must not be larger than 2 MB (JPEG preferred). Entries that contain photos that do not comply with the photo specifications stated herein will be automatically disqualified. Incomplete entries will be automatically disqualified. No responsibility is assumed for lost, late, misdirected, damaged, altered, or illegible entries. Materials will not be returned or acknowledged.
Limit: One entry per person. Multiple entries from a single person will automatically be disqualified.
Judging Process: All entries received by the deadline stated above will be judged and ten (10) finalists will be selected (the “Finalists”). All entries will be judged by a panel of judges. Judging will be based on the following equally weighted judging criteria: 1) Condition of Bra in photo. The Finalists will be selected by the judging panel. The Finalists photo entries will be posted on the Hips and Curves Facebook Fan Page and the Curvy Confidential Blog for a public vote. One (1) winner will be selected (the "Winner") based on the outcome of the public vote. Voters must have a Facebook account and be a fan of Hips and Curves on Facebook to vote.
Prize: The Winner will receive a One hundred and fifty dollar ($150) Hips and Curves giftcard. No cash redemptions or prize substitutions will be allowed except at Sponsor's sole discretion. In the event Winner engages in behavior that (as determined by Sponsor in Sponsor's sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to assign a new contest winner. Excepting the preceding sentence, no cash alternative or Prize substitutions will be allowed, except Sponsor reserves the right to substitute Prize(s) of comparable value if a Prize listed is unavailable for any reason. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion.
Notice: Sponsor is not responsible for problems downloading any contest related information from the website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or any other technical problems related to website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Contest. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Contest or website or to be acting in violation of the Official Rules.
General Liability Release: Entrants agree to release and hold harmless Sponsor and its parents, subsidiaries, affiliates, divisions, advertising and promotional agencies, wholesalers and retailers, and each of the foregoing entities’ employees, officers, directors, shareholders and agents (collectively the "Released Parties"), from and against any and all claims, actions and/or liability for any injuries or death, loss or damage of any kind arising from or in connection with participation in and/or entry into the Contest or acceptance or use of any Prize or participation in any Prize-related activity, including, without limitation, claims based on publicity rights, defamation, invasion of privacy and merchandise delivery. The Released Parties are not responsible or liable for any incorrect or inaccurate entry information, and assume no responsibility for (i) any error, omission, interruption, defect or delay in operation or transmission at any website, (ii) failure of any entry to be received by Sponsor due to technical problems, human error or traffic congestion on the Internet or at any website, (iii) communications line, hardware and/or software failures, (iv) damage to any computer (software or hardware) resulting from participation in the Contest, (v) theft or destruction of, tampering with, unauthorized access to, or alteration of entries and/or entry information, or (vi) entries which are late, lost, stolen, damaged, illegible, unintelligible and/or postage due (or any combination thereof). Participant acknowledges that Sponsor has not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any Prize, including without limitation, to such Prize's quality or fitness for a particular purpose. Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate this Contest (or any portion thereof). The Released Parties are not responsible or liable for cancellations, postponements, delays or other changes to travel, accommodations and events consisting of the Prize.
Taxes: The value of the Prize awarded to the Winner may be reported for tax purposes as required by law. Winner is solely responsible for reporting and paying any and all applicable taxes. Winner must provide the Sponsor with valid identification and a valid taxpayer identification number or social security number before any Prize will be awarded. Winner may receive an IRS form 1099 at the end of the calendar year, a copy of which will be filed with the IRS.
Other Conditions: All federal, state and local laws and regulations apply. These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The use of third-party software or website or automated entry systems to participate is prohibited, and Sponsor reserves the right to disqualify entries made in such fashion. By entering, Entrants agree to comply with these rules. Any Entrant who attempts to tamper with the Contest in any way shall be disqualified.
Disputes: Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with the Contest or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate California State Court located in Los Angeles, California; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest but in no event attorneys' fees; and (iii) under no circumstances will Entrant be permitted to obtain awards for and Entrant hereby waives all rights to claim 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 Official Rules, or the rights and obligations of the Entrant and Sponsor in connection with the Promotions, shall be governed by, and construed in accordance with, the laws of the State of California, 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.
Winner List: To obtain a copy of any legally-required Winner
List, send a self-addressed, stamped envelope to: Hips and Curves Ugly Bra Contest,
171 Pier Avenue Suite 387 Santa Monica, CA 90405. All requests must be received
by Sponsor within six (6) weeks after the end of the Contest.