ALI & KRIS REALITY RUNWAY CONTEST – OFFICIAL RULES
NO PURCHASE NECESSARY. NEITHER A PURCHASE NOR PAYMENT OF ANY KIND WILL IMPROVE THE ODDS OF WINNING. NOT OPEN TO RESIDENTS OF Alaska, Hawaii, Tennessee, Puerto Rico or any other U.S. territories and possessions OR wherever prohibited or restricted by law.
These are the terms and conditions constituting the official rules (“Official Rules”) of the Ali & Kris Reality Runway Contest (“Contest’) sponsored by Madison Brands Inc. (“Sponsor’).
1. Entry Period: The Ali & Kris Reality Runway Contest (“Contest”) begins at 12:00:01 am Eastern Time (“ET”) on May 2, 2013 and ends on 11:59:59 pm ET on May 2, 2014 (the “Entry Period”).
2. Eligibility: Unless otherwise stated herein, this Contest is open only to women who are legal residents of the contiguous United States and District of Columbia (with the exception of Tennessee) who are eighteen (18) years of age or older at the time of entry. Entrants must not be signed to any modeling or similar agency at the time of entry. Employees, officers, and directors of Madison Brands, their immediate family members and persons living in the same household, and anyone who has ever previously been selected or worked as a model or spokesperson for Madison Brands are not eligible to enter the Contest.
3. How to Enter: To enter the Contest, you must complete both of the following steps:
First, visit the Contest page on the Ali & Kris website at www.ali-kris.com. Complete the Contest entry form and follow the instructions to include (upload) a photo of yourself wearing your favorite Ali & Kris clothing (“Photo”) with your entry. Each Entrant is allowed only one (1) entry and one (1) Photo is permitted per entry. Your Photo must meet all the Submission Requirements below or your entry will be disqualified.
Second, you must do at least one of the following: (1) “Like” the Ali & Kris Facebook page at https://www.facebook.com/AliandKris; (2) “Follow” the Ali & Kris handle on Twitter, @ALI_KRIS, https://twitter.com/ALI_KRIS; or (3) “Follow” the Ali & Kris handle on Instagram, @ali_kris. This Contest is not sponsored, endorsed, administered by or associated with Facebook, Twitter or Instagram (“Other Platforms”). If you have already “Liked” or “Followed” us on one or more of these Other Platforms, then you need not take this additional step.
No other method of entry will be accepted. Failure to complete both of the above steps or to comply with any term or condition of these Official Rules, will render your entry subject to disqualification. Limit of one (1) entry per entrant. All submissions must be entered and submitted during the Entry Period. If more than one entry is received from one entrant, the Sponsor has the right to either consider only the first entry as valid and disqualify all subsequent entries or disqualify all the entries for failure to comply with these Official Rules. Entrants agree to be bound by all determinations and decisions of Sponsor, which are binding and final for all purposes. By ENTERING THE CONTEST AND submitting a Photo, Entrant understands, ACKNOWLEDGES, AGREES, CONSENTS and gives Sponsor IRREVOCABLE AND UNRESTRICTED permission to post the photo publicly ON THE WORLD WIDE WEB PORTION OF THE INTERNET AND/OR OTHERWISE DISPLAY AND/OR MAKE THE PHOTO AVAILABLE FOR VIEWING ON ANY AND ALL PLATFORMS, WIRED AND/OR WIRELESS oR ANY COMBINATION THEREOF. “Liking” or “Following” Ali & Kris on one of the Other Platforms does not constitute an endorsement as Sponsor offers no payment or promise of compensation of any kind in exchange for “Liking” or “Following” Ali & Kris.
4. Photo Submission Requirements: Photos may not exceed 5mb in size. Photos should be submitted in jpeg, png or gif format. Only the entrant and no other person or distinctive brands or trademarks or features, may be in the Photo. No Photo may be submitted that is older than one (1) year from the date of entry. Photos may not have been previously selected as a winner or awarded any prize or recognition for any other promotion or contest or been previously published in traditional or online magazines, fashion/clothing blogs or websites or any other publication.
Photos may not: (1) contain material that violates or infringes another’s rights, including but not limited to, privacy, publicity or intellectual property, or that constitutes copyright infringement; (2) contain or promote brand names or trademarks or any other distinctive or recognizable brands or entities, other than those of Ali & Kris, which entrant is hereby granted a limited license to use, in a non-disparaging or infringing manner, solely in association with and included within the entry in this Contest; (3) be obscene, offensive, defamatory, disparaging, or misrepresentative; (4) contain full or partial nudity or any sexually explicit material; (5) contain any personal identification, such as personal names, email addresses, or phone numbers; or (6) violate or encourage the violation of any law, rule or regulation or be deemed, in the sole discretion of the Judges, inappropriate for public viewing. A Photo that does not meet all of these requirements will result in the entry being disqualified.
5. Judging: The winner will be determined by a qualified panel of judges (“Judges”), determined by Sponsor in its sole discretion. In addition to the accuracy and completeness of the entry form generally, Judges will determine the winner from the Photo submitted with the entry, based on appearance, consistency with brand image, style, and judgment as to marketability as an Ali & Kris model, all as conveyed by the Photo included in the entry. Sponsor reserves the right to not select a winner, if, in its sole discretion, it does not receive a sufficient number of eligible or qualified submissions or of none of the entries meet the criteria determined by the Judges. Entrants agree that the decision of the Judges will be binding and final for all purposes.
6. Notification of Winner: The potential winner will be notified on or around November 1, 2013 via the contact information provided upon entry. In the event the potential winner does not respond to such notification within five (5) days of date of notification, a disqualification may result, and an alternative winner may be selected by the Judges from the remaining qualified entries. If the potential winner fails to comply with any of the obligations, requirements, terms or conditions of these Official Rules or is found to be ineligible or unqualified for any other reason, the potential winner may be disqualified. In order to be declared the winner, the potential winner will be required to: (a) complete and return to Sponsor an Affidavit of Eligibility and a Release of Liability and Publicity (“Releases”) within five (5) days of receiving these documents from the Sponsor or its representative; (b) certify, on information or belief, that her Photo has not been previously published, won a contest, and is otherwise in full compliance with all of the terms and conditions in these Official Rules and (c) produce government-issued identification.
7. Prize & Approximate Retail Value (“ARV”): There will be one (1) Grand Prize winner who will be awarded a trip to New York City, New York (ARV not to exceed $4,000.00) and featured in an upcoming Ali & Kris marketing campaign, to be determined by the Sponsor discretion. The Grand Prize shall consist of:
Round-trip coach airfare for one (1) person, coach-economy air fare from the major gateway U.S. city nearest the winner’s residence;
Two (2) night stay (single occupancy) at a hotel selected by Sponsor in Manhattan, including taxes and fees.
$100 USD per day for meals and other incidental expenses for three (3) days. Incidental expenses such as phone, internet, mini-bar, room service, movie rental, etc. in excess of the foregoing per diem allowance, are the winner’s responsibility.
A one (1) day photo shoot, all the details of which are to be determined by Sponsor in its sole discretion. Up to three (3) photos from this photo shoot will be selected by Sponsor to be featured on the Ali & Kris website.
Sponsor will attempt to accommodate winner’s preferred itinerary, but the specifics of the itinerary will be at Sponsor’s sole discretion. Travel and accommodations are subject to availability and subject to the terms and conditions set forth by the air carrier, hotel and other suppliers of travel and travel related services, none of which are within the control of Sponsor and consequently Sponsor makes no representations, nor accepts any liability for such arrangements. No refund or compensation will be made in the event of the cancellation or delay of any flight or other arrangements. If in Sponsor’s sole discretion, air travel is not required due to winner’s proximity to prize location, ground transportation may be substituted for round trip air travel at Sponsor’s sole discretion. All incidental expenses not expressly set forth in the prize package or in excess of the daily allowance above will be winner’s responsibility. Sponsor will not replace any lost, destroyed, or stolen travel vouchers. Sponsor is not responsible if any photo shoot is delayed, postponed, or cancelled for any reason, in which event that portion of the Grand Prize is forfeited in its entirety and no substitution will be provided. If winner is unavailable to accept, use or appear, the winner forfeits the Grand Prize and an alternate winner may be chosen.
No substitution, cash redemption or transfer of prize by winner is permitted, but Sponsor reserves the right to substitute a prize of equal or greater value. All expenses and costs associated with the acceptance or use of the prize that are not expressly specified in these Official Rules as being part of the Grand Prize are the sole responsibility of the winner. All federal, state and local taxes on prize value are the sole responsibility of the winner. An IRS form 1099 will be issued if and as required by law. The Grand Prize is non-transferable.
8. Ownership and Publicity: All materials of any kind, text, visual, or otherwise, created pursuant to this Contest or for the purposes of or as a result of entering, participating or being awarded the Grand Prize, including the photos from the photo shoot (“Contest Materials”), shall be or become the exclusive property of the Sponsor and will not be returned. The ownership and, if applicable, copyright in any Photo shall remain the property of the entrant and entrant, by submitting the Photo with the entry, represents and warrants she has the full right, title and interest or a right and license from the owner to provide the Photo and comply with all these Official Rules. By entering this Contest and submitting a Photo, entrant grants Sponsor and its parent companies, affiliates, subsidiaries, agents and licensees, a royalty-free, unconditional, irrevocable, and perpetual right, license and consent, without any compensation, consideration or further notification, to use, edit, reproduce, print, publish, display, transmit, distribute, sell, perform, adapt, enhance, or create derivative works from the Photo, and to use and refer to the entrant, her name, likeness, image, distinctive characteristics, city, state, any statements made and prize information, for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes in any media throughout the world. Sponsor also has the right to arrange for the news media and journalists to attend and, if applicable record, any public appearances and statements of the Grand Prize winner.
9. Release: By participating in this Contest, entrants also agree to be bound by the Official Rules and the decisions of the Judges. Entrants, by participating in this Contest, hereby waive and release, and agree to hold harmless the Sponsor, the Other Platforms, and their respective parents, subsidiaries, affiliates, distributors, licensors, advertising and promotion agencies and all of their respective officers, directors, employees and representatives and agents (the “Released Parties”), from and against, any and all rights, claims and causes of action whatsoever that they may have, or which may arise, against any of them for any liability for any matter, cause or thing whatsoever, including but not limited to any injury, loss, damage, whether direct, compensatory, incidental or consequential, to person, including death, and/or property, arising in whole or in part, directly or indirectly, from their acceptance, possession, use or misuse of any prize, or their participation in this Contest, or any prize-related activity. Winner assumes all liability for any injury or damage caused, or claimed to be caused, by participation in this Contest or use or redemption of any prize or participation in events and/or activities associate with the award of the Grand Prize.
10. Limitation of Liability: The Released Parties are not responsible for (1) lost, late, damaged, delayed, incomplete, or misdirected entries; (2) entries not received by the entry deadline; (3) printing, typographical, human error, or incorrect or inaccurate information which may affect the administration of the Contest; (4) electronic, network, or computer failures or malfunctions that may limit a user’s ability to participate in this Contest; or (5) other hardware, software or technical errors of any kind including any injury or damage to any person’s computer related to or resulting from participating in the Contest. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) if fraud, misconduct, technical failures or any interference or unintended occurrence adversely affects the integrity of the Contest or if any malicious or unauthorized program or code or other technical problem disrupts the proper and intended administration, security, or proper administration of the Contest, as determined by Sponsor, in its sole discretion.
11. Disputes: Each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and any judicial proceeding shall take place in a federal or state court in the state of New York; (b) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees and (c) 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 entrant and the Sponsor in connection with this Contest shall be governed by, and construed in accordance with the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), that would cause the application of the laws of any jurisdiction other than those of the State of New York. EACH ENTRANT HEREBY IRREVOCABLY AND UNCONDITIONAL WAIVES HER RIGHT TO A JURY TRIAL.
12. General Terms: The Contest is subject to all applicable federal, state and local laws and regulations. INTERNET CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST IS A VIOLATION OF THESE OFFICIAL RULES, AND MAY SUBJECT ANY PERSONS INVOLVED TO CRIMINAL AND CIVIL PROSECUTION, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW.
13. Privacy: By entering this Contest, in addition to any and all other rights described hereunder, entrants give their express permission to be contacted by Sponsor by telephone, email and/or postal mail. By participating in this Contest, entrants acknowledge and agree that Sponsor may collect and use the personal information submitted to administer this Contest.
14. Modification or Waiver: No entrant shall have the right to modify or amend these Official Rules. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision or a future waiver of the same provision.
15. Winner’s List: The name of the Grand Prize winner will be available to be viewed at www.ali-kris.com for ninety (90) days after the Contest ends.
16. Sponsor: Madison Brands Inc., 1407 Broadway, Suite 1201, New York, NY 10018.