HOW DO YOU LIVE COLORFULLY?

submit your original photo on instagram for the chance to be part of an upcoming campaign
January 25, 2013  |   column: THINGS WE LOVE|FEATURED

here at kate spade new york, we love to live colorfully—and we get tickled pink seeing the ways that you do, too.

now through february 22nd, show us—and the world—your idea of what it means to “live colorfully” and have the chance for your original photo to appear in an upcoming campaign. here’s how to have your photo considered for use (see all the terms and conditions below):

1. follow @katespadeny on instagram.

2. upload your own original photo on instagram that shows your idea of what it means to “live colorfully” and tag it with the hashtag #livecolorfully and @katespadeny.  it could be a bouquet of your favorite blooms, a colorful moment in the sun, even bright socks peeking out from your shoes. be sure your account is set to “public” so we can see it!

we’ve made a little inspiration board to get you started. happy snapping!

PHOTO SUBMISSION TERMS AND CONDITIONS

NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE. THIS IS NOT A CONTEST AND THERE IS NO PRIZE BEING OFFERED.  Participants are encouraged to submit and upload their “Live Colorfully” photos (“Live Colorfully”), in accordance with these Terms and Conditions.  Submissions will be accepted commencing at 12:01 AM Eastern Time (“ET”) on January 23, 2013 and ending at 11:59 PM ET on February 22, 2013 (the “Submission Period”), when all submissions must have been received.  A purchase or payment will not improve your chances of your photo being selected.  Live Colorfully is governed by these Terms and Conditions and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.

 

1. Eligibility for Participation. Live Colorfully is open only to legal residents of the continental United States, who are 18 years of age or older at the time of entry.  Proof of residency and age may be required.  In order to participate in Live Colorfully, a Participant must fully comply with these Terms and Conditions and, by participating, you represent and warrant that you agree to be bound by these Terms and Conditions and the decisions of Sponsor, whose decisions shall be binding and final in all respects relating to Live Colorfully.

 

2. How to Participate. To participate in Live Colorfully, you must have a valid, public Instagram account.  If you do not already have an Instagram account, download the free Instagram application or visit www.instagram.com and create an account as instructed.  An Instagram account is free of charge.  Once you have an Instagram account, to participate in Live Colorfully, during the Submission Period: (1) you must follow @katespadeny on Instagram; and (2) using Instagram, upload a photo (the “Photo”) tagged with the hashtag #livecolorfully and mention @katespadeny. The Photo should depict Participant’s idea of how to “live colorfully”; it could be a place, a moment or anything else that signifies living colorfully to the Participant.  There are no limitations on the number of Photos that a Participant may submit but a Participant cannot have more than one (1) “Selected Photo” (as defined in Section 5 below).  Photo submissions must be publically viewable on Instagram and must comply with Instagram’s Terms of Use and Community Guidelines, in addition to these Terms and Conditions, including but not limited to Section 3 below, in order to be eligible and qualify for participation in Live Colorfully.  Photos will be deemed to have been submitted by the authorized account holder of the Instagram account from which the Photo is uploaded at the time of submission, as identified by the primary email address associated with that account.  All submissions become the property of Sponsor upon receipt and will not be acknowledged or returned.

 

3. Photo requirements. The Photo must comply with the following requirements: (i) the Photo may not feature any people other than the Participant unless Participant has obtained all necessary written permission and releases from such people prior to submission; (ii) Participant must own all rights, including copyright, in and to the Photo; (iii) other than the Sponsor, its brands and/or logos, the Photo may not show, contain, mention, depict, refer or otherwise allude to the name or logo of any retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor or its brands; (iv) the Photo must be Participant’s own original work, created solely by Participant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the Photo may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (vi) the Photo cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vii) the Photo cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (viii) the Photo cannot contain any personal identification, such as personal names, email addresses or street addresses; (ix) the Photo cannot depict and cannot itself be in violation of any law; and (x) the Photo must otherwise be in compliance with these Terms and Conditions.  Sponsor reserves the right, in its sole discretion, to reject and/or remove any Photo that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Terms and Conditions or that otherwise contains prohibited or inappropriate content.

 

4. Representations and Warranties/Indemnification.  Each Participant represents and warrants as follows: (i) the Photo is owned by Participant and has not been previously published, distributed or otherwise exploited; (ii) the Photo is wholly original with Participant and as of the date of submission, the Photo is not the subject of any actual or threatened litigation or claim; (iii) the Photo does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (iv) the Photo does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous.  Each Participant hereby agrees to indemnify and hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of Participant hereunder.

 

5. Grant of Rights/Selection of Photos.  Each Participant agrees that Sponsor shall have the right, in Sponsor’s sole discretion, to post Participant’s Photo (in whole or in part) on Twitter, Facebook, Pinterest, Instagram and other social networking sites or any websites owned or operated by Sponsor and hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Photo for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval by Participant.  In its sole discretion, Sponsor shall select up to twelve (12) Photos (the “Selected Photos”) for Sponsor’s use in an upcoming marketing campaign associated with the “Live Colorfully” theme (the “Campaign”).  Participants who submitted the Selected Photos will be contacted by Sponsor and required to assign to Sponsor all rights, title and interest, including all copyright, in and to his/her Photo and to execute and return to Sponsor any documentation required by Sponsor to effectuate said assignment of rights, together with an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law), by the date specified by Sponsor.  If the Participant that submitted a Selected Photo is under the age of majority in his/her state of legal residence, the Affidavit and other documents must be executed on their behalf by his/her parent or legal guardian.  The odds of a Participant’s Photo being chosen as a Selected Photo depend upon the number and quality of all the Photos submitted.  Sponsor is under no obligation to choose any one or more Photos as a Selected Photo and may elect to choose less or more than twelve (12) Photos as a Selected Photo in its sole discretion.

 

6. Publicity Release; Use of Personal Information.  Except where prohibited or restricted by law, a Participant’s submission(s) of Photo(s) constitutes the Participant’s agreement and consent for Sponsor and any of its designees to use and/or publish Participant’s name and/or Instagram username worldwide and in perpetuity for any and all purposes relating to Live Colorfully, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, outdoor, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.  By submitting Photos, Participants will be sharing their personal information with Sponsor. Personal information collected by Sponsor will be used for administration of Live Colorfully.  In addition, by participating, Participants agree to Sponsor’s use of Participant’s personal information as described in its privacy policy at http://www.katespade.com.  Please refer to Sponsor’s privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.  Sponsor is not responsible for disclosures made by any third party.  Participants may subsequently opt-out of receiving further emails as set forth in Sponsor’s privacy policy.

 

7. No Tampering, Right To Cancel, Modify.  Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, with regard to: (a) submissions that contain inaccurate information or do not comply with or violate these Terms and Conditions; (b) Participants who have committed fraud or deception in participating in Living Colorfully; (c) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; or (d) any damages, injuries or losses of any kind resulting from participating in Live Colorfully. Sponsor reserves the right, in its sole discretion, to modify and/or terminate participation in Live Colorfully for any reason at any time.

 

8.  Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in Live Colorfully, Participants agree to release and hold harmless Sponsor, Instagram, Facebook, and their respective parents, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors (the “Released Parties”), from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), and/or death, which may occur in connection with preparation for, or participation in, Live Colorfully, and for any claims or causes of action based on publicity rights, defamation or invasion of privacy.  The Released Parties assume no responsibility for any injury or damage to Participant’s or to any other person’s computer, regardless of how caused, relating to or resulting from participating or downloading materials or software in connection with Live Colorfully.  Participants acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law.  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Terms and Conditions, or the rights and obligations of Participant or Sponsor in connection with Live Colorfully, 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 (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to Live Colorfully (including these Terms and Conditions) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York.  Participants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.

 

9. Sponsor: Kate Spade, LLC d/b/a Kate Spade New York, 2 Park Avenue, 8th floor, New York, NY 10016.  Live Colorfully is in no way sponsored, endorsed or administered by, or associated with, Instagram, Facebook, or any other social media platform.  Any and all questions, comments or complaints regarding Live Colorfully must be directed solely to Sponsor, not Instagram, Facebook, or any other third party.

 


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