1. OFFICIAL RULES. The following are the official rules (“Rules”) for the JustFab Fashion Editor Contest (“Contest”). In order to enter the Contest, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Contest constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSOR. The Contest is sponsored by Just Fabulous, Inc. (“Sponsor”), a Delaware corporation with its principal place of business at 800 Apollo Street, El Segundo, CA 90245.
3. ENTRY & ELIGIBILITY. To enter the Contest, follow the directions on Sponsor’s Facebook application located at http://bit.ly/1yRTtd5 (“Entry”). One entry per person, however each design must be different. Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. Only legal residents of the fifty (50) United States (excluding APO residents), the District of Columbia, and Canada (excluding Quebec), who are 18 years of age or older may enter and participate in the Contest, except employees, agents, or representatives of Sponsor or any of its subsidiaries, affiliates, or members of their immediate family.
4. CONTEST. The Entry submission period to the Contest begins at 12:00 P.M. Pacific Time (“PT”) on February 2, 2015, and ends at 11:59 P.M. PT on February 11, 2015. The winners will be notified by email. The winners will be selected according to the judging rules below. If the winners are discovered to be invalid for any reason, or if the winners cannot be contacted or do not respond within twenty-four (24) hours from 11:59 P.M. PT on February 12, 2015, alternates may be selected, at the sole discretion of Sponsor. The Grand Prize Winner will be determined by calculating the greatest score according to the judging rules. The Grand Prize Winner and Runner-Up Winners will be announced on the Facebook application: http://bit.ly/1yRTtd5.
If the potential Grand Prize Winner is a resident of Canada, he or she will be required to correctly answer a skill-based test question within a limited time-period, to be administered via email, in order to be eligible to receive his or her prize. Not providing the answer within the required time period, providing an incorrect or incomplete answer or noncompliance with the terms of administration of the test question will result in disqualification of the potential winner and an alternate winner being selected.
5. JUDGING AND SELECTION OF WINNERS. The JustFab Social Media Department staff will constitute the panel of judges. Upon the close of the entry period, the panel will review all entries and hold a vote to choose the Grand Prize Winner and Runner-Up Winners. The panel will evaluate each entry and judge the following three (3) criteria in determining Winners: (1) Overall quality of image (33%), (2) Overall quality of writing explaining the spring trend Entrant is looking forward to (33%), (3) Imagery and writing best fit for the JustFab brand (33%). No purchase is necessary to enter the contest, therefore in judging the second criteria no advantage will be given to entrants who use an actual JustFab product. Decisions of the panel are final. All results and decisions of Sponsor are final and binding in all respects. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Any difference between the approximate retail value and the actual value of the Prize will not be awarded and any difference will not be refunded.
Grand Prize: One (1) grand prize winner (“Grand Prize Winner”) will win an all-expenses paid trip to Los Angeles, California and attend the JustFab Apparel Media Event, which shall include the following: (i) one (1) round trip economy ticket for the Grand Prize Winner and one (1) round trip economy ticket for a guest of the Grand Prize Winner on and airline selected by Sponsor, provided the Grand Prize Winner lives at least 200 miles away from Los Angeles, California (in the event the Grand Prize Winner lives within 200 miles of Los Angeles, California, alternate transportation shall be provided); (ii) two (2) nights’ accommodation (single room, double occupancy) at a hotel selected by Sponsor; (iii) stipend of Two Hundred Dollars ($200); (iv) transportation to and from the hotel from (a) the airport, (b) and to and from the JustFab Apparel Media Event from the hotel; (vi) one year of free shoes from JustFab, in the form of twelve (12) JustFab credits, approximate value $479.40 (“Grand Prize”). Grand Prize Winner must be available to travel to Los Angeles, California in March 2015, and must stay at the hotel selected by Sponsor (“Trip”). The Trip must be taken on the dates specified by Sponsor, according to Sponsor’s directions and choice of flight, hotel and activities. No insurance is provided as part of the Grand Prize, and obtaining any insurance, such as but not limited to, travel insurance, health, accident or medical insurance, and property loss or damage insurance is the sole responsibility of the Grand Prize Winner and their guest. Sponsor will not be liable for any missed opportunities or expenses incurred by Grand Prize Winner and/or their guest as a consequence of flight cancellation/delay or ground transportation delay. The Grand Prize Winner will be required to provide a current valid major credit card at time of hotel check-in to cover incidentals, and any and all costs, fees, and expenses not expressly provided for as stated in the Grand Prize description above.
Runner-Up Prize: The 2nd and 3rd Place Entrants will win three (3) JustFab credits each (“Runner-Up Prize”). The approximate retail value of the Runner-Up Prize is one hundred and nineteen dollars ($119.85). Limit one (1) prize per winner.
7. Entry Errors and Fraudulent Activity: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
Entrants are required to provide accurate, valid and truthful information at all times. The Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the Contest, or is otherwise in violation of the Rules. The Sponsor reserves the right to verify the accuracy of any and all information provided in connection with this Contest, and to otherwise investigate the eligibility of any entrant. A potential winner’s right to receive the Grand Prize shall be subject to such investigation and verification by Sponsor. The Sponsor reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including without limitation, by computer virus, bugs, tampering, unauthorized intervention or technical failures of any sort.
8. Publicity Rights: By submitting an Entry and participating in the Contest, you agree and hereby grant the Sponsor and its affiliates an irrevocable, non-exclusive, worldwide and perpetual right to use, copy, modify, publish, manufacture, sell and distribute and/or reproduce your Entry, including but not limited to your name, likeness, photos and image, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without further compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Contest. You agree to provide affidavits to Sponsor upon request for the purpose of complying with legal and/or broadcaster requirements concerning the use of designs and/or testimonials in advertising.
As part of the Grand Prize, each Grand Prize Winner may be photographed and/or videotaped and Grand Prize Winner agrees to execute the Sponsor’s standard release form in connection therewith. As part of the Grand Prize, Winner grants all ownership rights and permission to use, reproduce, manufacture, sell and distribute the Winning Entry image and all associated intellectual property rights to Sponsor.
9. Grand Prize Winner Obligations: Grand Prize Winner must participate in all events planned by Sponsor during the Trip. If, at any time during the Trip, Sponsor deems the conduct or behavior of the Grand Prize Winner or their guest to be in violation of these Rules or has placed the Sponsor in an embarrassing or compromising situation, Sponsor in its sole discretion shall have the right to immediately cancel all events and prizes related to such Grand Prize and the Trip, including but not limited to any and all accommodations, reservations and activities, and Sponsor shall have no further obligation to such Grand Prize Winner or their guest in connection with the Contest, Grand Prize and Trip. Grand Prize Winner must obey local laws and lodging restrictions. All expenses and incidental travel costs not expressly stated herein, including but not limited to personal charges at hotel, security fees, baggage fees, transportation costs, taxes or other expenses or incidentals are the sole responsibility of Grand Prize Winner and/or their guest.
Once a Grand Prize Winner’s guest is determined, that guest cannot be changed without the express consent of Sponsor, which may be withheld for any reason. The approximate retail value of the Grand Prize is three thousand dollars ($3,000.00). Limit one (1) prize per winner.
11. Liability: You agree that Sponsor and their respective parents, subsidiaries and affiliated companies and all their advertising, as well as Instagram, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Giveaway and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Giveaway or your acceptance, use or misuse of the prize. By entering the Giveaway, entrant explicitly releases, discharges and holds harmless the Sponsor, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as Instagram, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Giveaway and the acceptance and use or misuse of the prize. The Released Parties are not responsible for any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Giveaway or receipt or use or misuse of the prize.
12. Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of 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) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. California Law, without reference to choice of law rules, governs the Giveaway and all aspects related thereto.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Giveaway, or any aspect of winner’s or entrant’s participation in or termination from the Giveaway as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Giveaway, or from the termination or cancellation of the Giveaway. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Giveaway are hereby excluded, and you expressly waive any and all such rights.
14. GENERAL. By entering and participating in the Contest, you agree to be bound by these Rules and by the Sponsor’s decisions, which are final and binding on all matters relating to the Contest. By submitting an entry form and/or participating in the Contest, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Contest, and that you have the right and authority to submit the Entry in the Contest; (ii) your Entry was created by you alone; (iii) designs submitted as part of your Entry are genuine and original, and have not been copied from others; (iv) designs submitted as part of your Entry do not violate any third party intellectual property or proprietary rights; and (v) you are otherwise not in violation of any applicable laws, rules and/or regulations.
If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.
When you register as an entrant in the contest your name, email address, address, and photograph will be collected. Once a Grand Prize Winner is chosen, the Grand Prize Winner’s first and last name, along with their photo will be publicly shared and displayed on JustFab’s Facebook page, JustFab’s website, and other promotional materials. The Grand Prize Winner’s name will also be shared with any inquiring parties.
16. FACEBOOK DISCLOSURE. You are providing your information to JustFab and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. By participating, you hereby release and hold harmless Facebook from any and all liability associated with this promotion.