1. OFFICIAL RULES. The following are the official rules (“Rules”) for the Design Your Sole 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 2301 Rosecrans Ave., 5th Floor, El Segundo, CA 90245.
3. ENTRY & ELIGIBILITY. To enter the Contest, follow the directions on Sponsor’s Facebook application located at http://bit.ly/1hSo5iU (“Entry”). Up to five entries 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 11:59 P.M. Pacific Time (“PT”) on June 4, 2014, and ends at 11:59 P.M. PT on June 22, 2014. The winners will be notified by email. The top three (3) Entries will be selected according to the judging rules below. If the top three (3) winning Entries are discovered to be invalid for any reason prior to the top three (3) announcement, or if the top three (3) entrants cannot be contacted or do not respond within twenty-four (24) hours from 11:59 P.M. PT on June 30, 2014, alternates may be selected, at the sole discretion of Sponsor. The Grand Prize Winner will be determined by accumulating the greatest number of Facebook “likes” and “shares” of the entry on the JustFab Facebook page (“Public Selection”). Public Selection of the Grand Prize Winner from amongst the top (3) entries will begin at 09:00 A.M. PT on July 2, 2014, and ends at 11:59 P.M. PT on July 6, 2014. If the winning Entry is discovered to be invalid for any reason prior to delivery of the Prize, or if the Grand Prize Winner cannot be contacted or does not respond within twenty-four (24) hours from 11:59 P.M. PT on July 6 2014, the runner-up may be selected, at the sole discretion of Sponsor. The Grand Prize Winner will be announced on the Facebook application: http://bit.ly/1hSo5iU.
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. Kimora Lee Simmons along with the JustFab Design 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 top three (3) Entries. The panel will evaluate each entry and judge the following three (3) criteria in determining the top three (3) Entries: (1) Entry description, including inspiration, theme, and the JustFab aesthetic (30%), (2) Creativity of design (30%), (3) Best fit for the JustFab brand including versatility and ease of manufacturing (40%). 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.
6. PRIZES. Grand Prize: One (1) grand prize winner (“Grand Prize Winner”) will win an all-expenses paid trip to Los Angeles, California, to visit the JustFab Headquarters, 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, 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 Headquarters from the hotel; (v) the possibility to have the winning design Entry manufactured and sold on www.JustFab.com in 2015, subject to Winner signing an Original Design Release; (vi) one year of free shoes from JustFab, in the form of twelve (12) JustFab credits (approximate value $479.40); (vii) $1,000 in the form of a check (“Grand Prize”). Grand Prize Winner must be available to travel to Los Angeles, California within the time frame of August 25 – 29, 2014, 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 hotel and activities. 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 agrees to execute an Original Design Release, granting all ownership rights and permission to use, reproduce, manufacture, sell and distribute the Winning Entry design and all associated intellectual property rights to Sponsor. 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. Grand Prize Winner’s guest must be at least eighteen (18) years old as of the date of departure and must travel on the same itinerary and at the same time as the Grand Prize Winner. Grand Prize Winner’s guest must execute a liability/publicity release prior to travel. Travel restrictions, conditions and other limitations may apply. 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. 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 four thousand dollars ($4,000.00). Limit one (1) prize per winner.
Runner-Up Prize: The 2nd and 3rd Place designs 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. 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.
7. GENERAL. This Contest is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. 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. 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 is not responsible for electronic transmission errors, which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. The Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. 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.
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.
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. To the maximum extent permitted by law, you hereby agree to indemnify, release and hold harmless Sponsor, their parent, subsidiary, affiliated and related entities, units and sponsors, divisions and prize suppliers and all entities involved in the production, sponsorship and/or promotion of the prize, or any part thereof, including, without limitation, any applicable or respective advertising and promotion agencies, and the officers, directors, employees, licensees, agents and assignees of each aforementioned party 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 a prize or any part of a prize, entering the Contest, participation in the Contest, 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 Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest 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 Contest. 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 Contest are hereby excluded, and you expressly waive any and all such rights. 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.
9. WINNER LIST. In order to obtain the winner’s name, available after July 4, 2014, write to “Winner’s Name: Design Your Sole Contest” at 2301 Rosecrans Ave., 5th Floor, El Segundo, CA 90245. Requests may also be emailed to email@example.com with the subject line “Winner’s Name: Design Your Sole Contest”.
10. 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.