TOP KNOT MODCLOTH SWEEPS OFFICIAL RULES
INTERNET ACCESS REQUIRED. NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING. MANY WILL ENTER, FEW WILL WIN. EACH WINNER MAY BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS WITHIN SEVEN (7) DAYS, AS MORE FULLY DETAILED BELOW. BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, FACEBOOK. YOU ARE SUBMITTING YOUR INFORMATION TO SPONSOR (AS DEFINED BELOW) AND NOT TO FACEBOOK.
The “Top Knot ModCloth Sweepstakes” (the “Sweepstakes”) begins on September 26, 2017 at 3:01 pm (ET) and ends on September 29 at 2:59 pm (ET) (the “Sweepstakes Period”). Entry in this Sweepstakes does not constitute entry into any other promotion, contest or sweepstakes. As a condition of entry to this Sweepstakes (except where prohibited by law), each entrant unconditionally accepts and agrees (A) to comply with and abide by these Official Rules and the decisions of BuzzFeed, Inc. (the “Sponsor”), including the interpretation of these Official Rules by Sponsor and Sponsor’s decisions in all matters relating to this Sweepstakes, which shall be final and binding in all respects and (B) not to damage or cause interruption of this Sweepstakes and/or prevent others from entering into this Sweepstakes. Whether an entrant receives a Prize (as defined in Section 4 below) is contingent upon fulfilling all requirements set forth herein.
Only permanent legal residents of the fifty (50) United States (including Washington D.C.) who, at the time of entry: (a) are of legal age of majority in the jurisdiction in which they reside (and at least eighteen (18) years of age), and (b) have a valid email address and Internet access are eligible to enter this Sweepstakes. Sponsor and each of its licensees, distributors, dealers, retailers, (including Jet.com, Inc. d/b/a Modcloth), Prize suppliers, printers and public relations, advertising and promotional agencies, and any and all other third parties associated with this Sweepstakes, and the respective parents, affiliates, divisions, subsidiaries, officers, directors, employees, members, managers, agents and representatives of each of the foregoing (collectively, the “Sweepstakes Entities”), and immediate family (e.g. spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children or grandchildren) and household members of such individuals, are ineligible to enter this Sweepstakes or win a Prize. “Immediate family members” shall mean parents, step-parents, grandparents, legal guardians, children, step-children, grandchildren, siblings, step-siblings, spouses or in-laws. “Household members” shall mean those people who share the same residence at least three months in a year. Also void in overseas U.S. territories, possessions, commonwealths and military installations, and where prohibited or restricted by law. All federal, state and local laws and regulations apply.
3. HOW TO ENTER:
No purchase is necessary to enter this Sweepstakes. Internet access is required. Normal Internet access and usage charges imposed by your on-line service will apply. To enter, you must follow the instructions in any call to action provided in Sponsor’s Facebook post by Sponsor and specifically (A) post a comment in the comment section of a Top Knot Facebook video featuring a ModCloth dress (the “Video”) about how you'd style the dress that includes the hashtag #TopKnotModClothSweeps (the “Required Hashtag”), (B) like the BuzzFeed Top Knot Facebook page and (C) like the ModCloth Facebook page (an “Entry”).
Only Facebook accounts associated with an individual may be used for entry in this Sweepstakes. Posts received from a Facebook account associated with any organization, company, corporation, partnership or other entity will be void. You must include the Required Hashtag to participate. A Post must be posted and received during the Sweepstakes Period and identifiable by and viewable to Sponsor during the Sweepstakes Period to be eligible. Sponsor, at its sole discretion, may accept or disqualify a post that contains either a technically incorrect Required Hashtag or content that is: (i) superfluous to the required content; or (ii) otherwise violates these Terms. Posts that are not both actually visible and timely received by Sponsor will not be counted as part of this Program. For purposes of this Sweepstakes, a post is “received” when the Facebook platform records your post and it is visible to Sponsor. Sponsor’s database clock will be the official timekeeper for this Program. Incorrect and/or incomplete posts, posts received outside the Sweepstakes Period, and/or posts that contain obscene or offensive content or language or any content or language communicating messages inconsistent with the positive reputation and image with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion) will be void. For the avoidance of doubt, Sponsor may not provide entrant with confirmation of Sweepstakes entry.
LIMIT OF ONE (1) ENTRY PER EMAIL ADDRESS, FACEBOOK ACCOUNT OR PERSON.
Entries that are forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate, garbled, illegible, or generated by macro, robotic, script or other automated means will not be accepted and will be void. All entries submitted become the sole property of Sponsor and may not be acknowledged or returned. Entry forms are provided for the benefit of Sponsor and Sponsor makes no representations or warranties as to the effectiveness and completeness of the forms. If entries exceed these limits, the entrant may be disqualified at the sole discretion of the Sponsor. Entries made by any individual or entity other than the entrant or generated by a macro, robotic, script or other automated means and/or originating at any other website or email address, including, but not limited to, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or process to automate the entry process is prohibited. Each entrant must be the rightful owner (or have authorized use) of the email address (and corresponding email account) utilized in the entry. In the event of a dispute concerning who submitted an entry via the Internet, the entry will be declared to have been made by the authorized account holder of the e-mail address associated with the Facebook account of the post submitted at time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential Prize won will be forfeited in Sponsor’s sole discretion. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. At Sponsor’s request, potential Winner (as defined in Section 4 below) may be required to provide Sponsor with proof that he or she is the authorized account holder of the e-mail address associated with the potentially winning entry. If a dispute cannot be resolved to Sponsor’s sole satisfaction, the entry will be deemed ineligible. Odds of winning depend on the number of eligible entries received. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATIONS OF THIS SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
4. PRIZES: One (1) Prize:
One (1) winner (the “Winner”) will receive gift card to the ModCloth online retailer in the amount of $250.00 (ARV $250.00) (the “Prize”). If the Prize is awarded but unclaimed/forfeited by recipient, the Prize may not be re-awarded, in Sponsor’s sole discretion. No more than the stated number of Prize in this Paragraph 4 will be awarded.
5. GENERAL PRIZE CONDITIONS:
All details and other restrictions of Prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. Any and all Prize will be delivered only to an address in the United States. Prizes cannot be assigned, transferred, or changed except at the sole discretion of the Sponsor. No substitution, transfer or cash equivalent of a Prize or any portion thereof permitted, except by Sponsor in its sole discretion, in which case a Prize of equal or greater value (or cash equivalent, in Sponsor’s sole discretion) may be awarded. All Winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the Prize(s). Any Prize depicted in promotional materials or otherwise in connection with this Sweepstakes are for illustrative purposes only and may not represent the actual Prize(s) that is (are) awarded. All ARV are subject to price fluctuations in the consumer marketplace based on, among other things, any gap in time between the date the ARV is estimated for purposes of these Official Rules and the date the Prize is awarded or redeemed. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes promotional materials and the terms and conditions of these Official Rules, such alleged or actual ambiguity, discrepancy or inconsistency will be resolved in Sponsor’s sole discretion. The value of a Prize may be taxable to the applicable Winner as income. Each Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 may be issued by Sponsor in the name of the Winner for the actual value of the Prize received. The Winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable Prize. The potential Winner may be required to execute an Affidavit of Eligibility and Release of Liability and Publicity (the “Affidavit and Release”). If a potential Winner is considered a minor in his or her state of residence, at Sponsor’s option, the applicable Prize either will be awarded in the name of the parent or legal guardian of the potential Winner, or the parent or legal guardian of the potential Winner may be required to ratify and sign the Affidavit and Release. All Prize claims and the Affidavit and Release are subject to verification by Sponsor. Time is of the essence in awarding the Prize. Accordingly, if a potential Winner or, if applicable, his/her parent / legal guardian fails or refuses to initial, sign and deliver the Affidavit and Release (with original signature) to Sponsor via overnight courier, or postmark such Affidavit and Release (if via regular US mail), no later than seven (7) days (or a shorter time if required by exigencies) following the date Sponsor postmarked the Affidavit and Release , the potential Winner may be disqualified and Sponsor may select an alternate Winner from among all remaining eligible entries. Sponsor shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to accept or utilize the Prize as described herein.
6. WINNER DETERMINATION AND NOTIFICATION:
The Winner will be randomly selected from among all eligible entries received during the Sweepstakes Period. The drawing for all Winners will be conducted by Sponsor using randomization methods selected in its sole discretion, to occur on or about September 29, 2017. Entrants agree that Sponsor has the sole right to decide all matters and disputes arising from this Sweepstakes. The potential Winner will be notified via email within seven (7) days after his or her name is drawn. Sponsor and Sweepstakes Entities shall have no liability for any Prize notification that is lost, intercepted or not received by the potential Winner for any reason. If, despite reasonable efforts, a potential Winner does not respond within seven (7) days of issuance of the first notification attempt (or a shorter time if required by exigencies), or if the Prize, Prize notification or any communication in connection with this Sweepstakes is rejected, faulty or returned as unclaimed or undeliverable to such potential Winner, such potential Winner may be disqualified, forfeit his or her Prize and an alternate Winner may be randomly selected from among all remaining eligible entries. If any potential Winner does not accept or use such potential Winner’s entire Prize, the unaccepted or unused portion of such Prize will be forfeited and Sponsor will have no further obligation under this Sweepstakes with respect to such Prize or the portion thereof. 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 may be selected from among all remaining eligible entries. Sponsor may successively attempt to contact up to two (2) potential Winners in accordance with such procedure, and if there is still no confirmed Winner of a Prize after such attempts have been made, if any, the Prize may go un-awarded. No post-Prize consideration (payment to redeem or obtain the Prize) is required. Shipping and handling of the Prize will be paid by Sponsor.
7. WAIVER OF LIABILITY / PUBLICITY RELEASE:
By participating in this Sweepstakes and submitting an entry, except where prohibited by law, each entrant (i) agrees to be bound by these Official Rules, including all entry requirements and (ii) grants to Sponsor and the Sweepstakes Entities the right to publicize such entrant’s name, address (city and state of residence), photograph, voice and/or other likeness, biographical date and/or any information contained in such entrant’s entry in any media now known or hereafter devised, throughout the world, in perpetuity without additional compensation or consideration, notification, review or approval.
8. LIMITATION ON SPONSOR’S LIABILITY.
By participating in this Sweepstakes and submitting an entry, except where prohibited by law, each entrant agrees to release, hold harmless, and indemnify Sponsor, Facebook and the Sweepstakes Entities (collectively, “Released Parties”) from any liability whatsoever for (A) injury, damage or loss of any kind (including, but not limited to, personal injury, death, or damage to or loss of property) that may occur, directly or indirectly, in whole or in part, from the participation in this Sweepstakes or from the acceptance, receipt, possession and/or use or misuse of any Prize or any travel or activity related to the acceptance, receipt, possession and/or use or misuse of any Prize or (B) any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach Winner because of an incorrect or changed address or other contact information.
9. GENERAL CONDITIONS / FORCE MAJEURE:
By participating in this Sweepstakes and submitting an entry, all entrants agree that the Released Parties (i) shall not be responsible and/or liable for any of the following, whether caused by Sponsor, the entrant, or by human error, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes: any forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate (such as, without limitation, by an automated computer program), garbled or illegible entries, email, mail, or Sweepstakes-related correspondence or materials or postage-due mail; entries in excess of the stated limit; any virus, error, omission, interruption, defect or delay in transmission or communication; technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information; and (ii) have not made any warranty, representation or guarantee express or implied, in fact or in law (whether now known or hereinafter enacted), with respect to the Prize(s), including, without limitation, to such Prize’s quality, merchantability or fitness for a particular purpose. The Released Parties assume no responsibility for any damage to a entrant’s computer system that is occasioned by accessing the Sweepstakes Facebook Page or participating in this Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections including without limitation, those that are human or technical in nature. Without limiting the generality of the foregoing, the Released Parties are not responsible 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 (A) permanently void entries and/or disqualify any individual if such individual’s e-mail address, telephone, or other contact information does not work or is changed without such individual giving prior written notice to Sponsor, or Sponsor believes, in its sole discretion, such individual to (i) have supplied false information, (ii) have obtained entry of this Sweepstakes by fraudulent means, (iii) be tampering with or impairing the participation process, administration, operation, security, fairness or proper play of this Sweepstakes, (iv) to be acting in violation of these Official Rules, (v) be acting in an unsportsman-like, obnoxious, inappropriate, threatening, illegal or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of this Sweepstakes, annoy, abuse, threaten or harass any other person, and (B) prosecute and seek damages and other remedies from such individual to the fullest extent permitted by law, even if the disqualified individual may have been notified or announced anywhere as a potential Winner. If, in the sole discretion and exclusive judgment of Sponsor, this Sweepstakes (or any portion thereof) becomes compromised in any way, Sponsor reserves the right to cancel, modify or suspend this Sweepstakes, (or any portion thereof), including cancellation of any method of entry, voiding any entries submitted fraudulently and/or selecting Winners from among all non-suspect eligible entries received prior to the act that compromised this Sweepstakes. Without limiting any other provision in these Official Rules, in the event that any of this Sweepstakes’ activities or the Sweepstakes Entities’ operations or activities are affected, as determined by Sponsor, in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic or public health crisis (e.g. SARS), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above, subject to any governmental approval that may be required, Sponsor shall have the right to modify, suspend, or terminate this Sweepstakes, and no Sweepstakes Entity shall be responsible or liable to any entrant or Winner or any person claiming through such entrant or Winner for failure to supply the Prize(s) or any part thereof. The invalidity or unenforceability of any provision of these Official 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. Sponsor’s failure to (or decision not to) enforce any provision in these Official Rules shall not constitute a waiver of that or any other provision.
Except where prohibited, by participating in this Sweepstakes and submitting an entry, except where prohibited by law, each entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or in connection with any Prize awarded, determination of the Winner or any other matter relating to this Sweepstakes that cannot be resolved between such entrant and any Sweepstakes Entity shall be resolved individually, without resort to any form of class action, and exclusively by the state and/or federal courts 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 this Sweepstakes, but in no event attorneys’ fees; and (iii) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives, any and all rights to have damages multiplied or otherwise increased or claim indirect, punitive, incidental and consequential damages and any other damages, attorneys’ fees, other than for actual out-of-pocket expenses incurred (if any), not to exceed two hundred fifty dollars ($250). Notwithstanding anything to the contrary herein, in no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the production, distribution, exhibition, operation or other exploitation of Sponsor’s property or production, this Sweepstakes, any website, content, advertising or other materials used, displayed or issued in connection with this Sweepstakes, or any Sweepstakes submission or entry, and such entrant’s rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law. All disputes, issues and/or questions concerning this Sweepstakes, including the rights and obligations of the entrant and Sponsor in connection with this Sweepstakes, or the construction, validity, interpretation and enforceability of these Official Rules 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. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California, and each entrant accepts and submits to the personal jurisdiction of such courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
BuzzFeed, Inc., 111 East 18th Street, New York, NY 10003.
13. WINNERS LIST/OFFICIAL RULES:
To obtain a copy of these Official Rules and/or the Winners list, send a self-addressed stamped envelope to the “Top Knot ModCloth Sweepstakes” Winners List, c/o BuzzFeed, Inc., Attention: Augusta Falletta, 111 East 18th Street, New York, NY 10003. All such requests must be received no later than six (6) months after the end of the Sweepstakes Period. Vermont residents may omit return postage. You may also view these Official Rules by visiting https://www.facebook.com/buzzfeedtopknot/ during the Sweepstakes Period.