HALSTON HERITAGE “SPRING ESSENTIALS” INSTAGRAM GIVEAWAY
NO PURCHASE NECESSARY TO ENTER OR WIN AND A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED AND THE SKILL OF EACH ENTRANT. THIS IS A SKILL-BASED CONTEST. PRIZE ACCEPTANCE RELEASE MAY BE REQUIRED. SPONSOR OBTAINS A NON-EXCLUSIVE LICENSE TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST. VOID WHERE PROHIBITED BY LAW. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION.
BY ENTERING THE CONTEST YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility: The Halston Heritage “Spring Essentials” Instagram Giveaway (the “Contest”) is open only to legal residents of the United States (excluding residents of Rhode Island, Puerto Rico, all U.S. territories, possessions and overseas installations) and the District of Columbia who are at least eighteen (18) years old at the time of entry. Employees of Halston Operating Company, LLC, and any of its licensees, parent and affiliate companies as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. Sponsor: Halston Operating Company, LLC, 1201 W. 5th Street, T-1100, Los Angeles, California 90017 (“Sponsor”). This Contest is in no way sponsored, endorsed, or administered by Instagram. You must abide by Instagram’s Terms and Conditions to participate in this Contest.
3. Prizes: ONE (1) PRIZE: A Halston Heritage Spring 2014 Handbag, valued at $450. No substitution of prize will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prize is nontransferable. No cash alternative or prize substitutions allowed, except in Sponsor’s sole discretion. Prizes may not be sold, bartered, or exchanged by the winners.
4. Timing: The Contest begins on April 4, 2014 at 9:00 a.m. Pacific Time (“PT”) and ends on April 13, 2014 at 5:00 p.m. PT (the “Contest Period”). Sponsor’s computer is the official time-keeping device for the Contest.
5. How to Enter: You must join Instagram in order to participate in the Contest. Instagram is free to join. To enter the Contest, a participant must:
(a) Follow Sponsor's Instagram feed @halstonette on Instagram and
(b) Submit a post of a picture of the contents of your spring essentials or must-have items in your handbag with the hashtag #HHxSpring (each a “Submission”).
The Submission must be posted during the Contest Period. By using the hashtag in connection with your Instagram post, you acknowledge and agree that Sponsor has the right to stream your post through the Instagram API or otherwise use your post as set forth in these Official Rules and the terms and conditions.
The Submission must be a participant's sole creative work and must not incorporate ideas or work of any other person or material that would require the consent of a third party in any jurisdiction or under any applicable law, other than Halston product images. Without limitation, the design must not infringe or violate any trademark, copyright, publicity right, privacy or any other right of any other person or entity, under any applicable law. By entering the Contest, you agree that your Submission conforms to the Content Restrictions as defined below (collectively, the “Guidelines and Restrictions”) and that Sponsor, in its sole discretion, may remove your Submission and disqualify you from the Contest if it believes that your Submission fails to conform to the Guidelines and Restrictions.
• The Submission must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement;
• The Submission must not disparage Sponsor or any other person or party affiliated with the Contest;
• The Submission must not contain images other than those owned by Sponsor, which entrant has a limited license to use to incorporate in his/her Submission in this Contest;
• Submission must not contain images or artwork that were not created by the entrant or provided by Sponsor at www.halston.com or on Sponsor’s social media sites;
• Submission must not contain material that is inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous;
• Submission must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation or age; and
• Submission must not contain material that is unlawful, in violation of or contrary to the laws or regulations in any state where Submission is created.
Creating a Submission constitutes participant’s consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such Submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission. Released Parties (as defined in Section 9, below) are not responsible for lost, late, stolen, damaged, incomplete, invalid, un-intelligible, garbled, delayed or misdirected Submissions; all of which will be void. You hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with entries submitted as part of the Contest. Sponsor and its agents shall not be responsible for returning or preservation of the images submitted or for compensating or crediting you in any way. All entries that are posted on Sponsor’s social media pages may be available to be viewed by anyone with access to the Internet.
6. Agreement to Official Rules: Participation in this Contest constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.
7. Winner Determination: After the conclusion of the Contest Period, a panel of three judges determined by Sponsor in its sole discretion will select the potential winner, from among all eligible Submissions received during the Contest Period, based on an application of the following criteria (“Judging Criteria”):
• Creative variety of images (50%); and
• Cohesive yet original image selections (50%)
The confirmed winner will receive one Halston Heritage handbag, valued at $450.
In the event of a tie for any spot, the entrant whose Submission received the higher score in the Creative variety of images criterion, as determined by the qualified judges in their sole discretion, will be deemed the applicable potential winner. Sponsor reserves the right to select fewer than the stated number of winners, if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Submissions.
8. Winner Requirements: Potential winners will be notified by Instagram message on or around April 15, 2014. Except where prohibited, each potential winner will be required to sign and return a Declaration of Compliance, Liability and Publicity Release (“Declaration”), which must be received by Sponsor within seven (7) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, fails to execute and return the Declaration within the required time period (if applicable), does not comply with these Official Rules, or prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor’s sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded. Acceptance of any prize shall constitute and signify each winner’s agreement and consent that Sponsor and its designees may use the winner’s name, city, state, likeness, photo, Submission and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Without limiting the generality of these Official Rules, each winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each winner will indemnify the Releasees (as defined in Section 9, below) and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms. Prizes will be fulfilled 8 – 10 weeks after the conclusion of the Contest.
10. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. If terminated Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible Submissions received up to time of such action using the judging procedure outlined above. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys’ fees) from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
11. Limitations of Liability: Releasees are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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 Contest or receipt or use or misuse of any prize (including any travel/activity related thereto). Releasees are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission.
12. Disputes: EXCEPT WHERE PROHIBITED, EACH PERSON WHO PARTICIPATES IN THE CONTEST IRREVOCABLY AGREES THAT SUCH DISPUTE(S) WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR, WITH EXPERIENCE IN ADVERTISING OR PROMOTION AND ENTERTAINMENT LAW, UNDER THE RULES AND REGULATIONS OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”); PROVIDED, HOWEVER, THAT NOTWITHSTANDING THE PARTIES’ DECISION TO RESOLVE ANY AND ALL DISPUTES ARISING UNDER THIS CONTEST THROUGH ARBITRATION, SPONSOR MAY (1) SEEK TO OBTAIN INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF FROM A COURT TO ENFORCE THE PROVISIONS OF THESE OFFICIAL RULES; (2) BRING AN ACTION IN COURT TO PROTECT AND INTERPRET SPONSOR’S INTELLECTUAL PROPERTY RIGHTS; AND/OR (3) BRING AN ACTION TO ENFORCE THE DECISION OF THE ARBITRATOR BEFORE ANY COURT WITH APPLICABLE JURISDICTION. The arbitration will be held in Los Angeles, California. The arbitrator will apply the substantive laws of the state of California, will issue a written decision and will have the power to award any legal remedies except as limited by these Official Rules. The parties will split the arbitrator’s fee; provided, however, if applicable law requires Sponsor to pay the arbitrator’s fee in order for the arbitration provision to be enforceable, Sponsor shall have the discretion to elect to pay such fees and proceed to arbitration. Entrant irrevocably waives any right to bring or join in any class action regarding the Contest. Judgment upon the arbitration award may be entered in any court having jurisdiction thereof. This arbitration provision shall be deemed to be self-executing, and in the event that any party fails to appear to any properly noticed arbitration proceeding, an award may be entered against such party notwithstanding said failure to appear. In no event shall any entrant seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation of this Contest (or any website connected therewith), exploitation of any advertising or other materials issued in connection therewith, or exploitation of thi Contest (or any website or any content or other materials used or displayed on the website used in connection with the Contest) or the entrant’s Submission(s).
13. Winner List: For an Official Winner List, (available after April 30, 2014) or a copy of these Official Rules, send a self-addressed, stamped envelope to Halston Operating Company, LLC, Instagram Spring Essentials Giveaway Rules, 1201 W. 5th Street, T-1100, Los Angeles, CA 90017. VT residents may omit return postage.