By this Participation Agreement, Waiver, and Confidentiality Agreement ("Waiver") the individual identified below (the "undersigned" or "you") agrees to participate in surveys, focus groups, and/or feedback sessions (collectively, "Survey Activities") conducted by Tapestry, Inc. ("Tapestry") for the benefit of the Coach, kate spade new york, and Stuart Weitzman brands (each a "Brand" and collectively, "Brands"). This Agreement is effective as of the date of execution indicated below.
Survey Activities. You agree to participate in the Survey Activities at such times and by such methods designated by Tapestry, and in a manner consistent with Tapestry's instructions. Your participation in Survey Activities is voluntary, and you may withdraw at any point, and Tapestry may terminate your participation in the Survey Activities at any time and for any reason or no reason. No compensation or remuneration of any kind is promised to you in connection with your participation.
Waiver & Release. You understand that your participation in Survey Activities includes appearing in audiovisual recordings documenting your participation, including without limitation, your responses to survey questions. You understand and acknowledge that Tapestry (and its approved third party partners) has the right to make and retain recordings of your participation in Survey Activities, whether in whole or in part ("Recordings"). By this Agreement you grant Tapestry (including its affiliates, subsidiaries, brands, successors, assigns, and authorized third party partners), the right (without any obligation) to use the Recordings, including your appearance, likeness, voice, remarks, impressions, performance, opinions, and other identifying features as captured in the Recordings (collectively your "Likeness") for market research purposes and for use in public-facing marketing for the Brand(s) at issue, including without limitation on the relevant Brand's social media accounts, websites, or other digital media channels. You release Tapestry from any and all claims or liabilities of any kind arising out of or related to the Survey Activities, the Recordings, and/or the subject matter of this Agreement. You further agree that Tapestry may use and disseminate any suggestions, concepts, and ideas that you offer during the Agreement, whether verbal, written, or recorded, in its sole discretion and without obligation, without the need for compensation or attribution.
Privacy Notice Acknowledgment. You acknowledge and agree: (1) you have received and carefully reviewed the Tapestry, Inc. Privacy Notice accompanying this Waiver ("Privacy Notice"), (2) you give Tapestry, Inc. your informed consent to collect, use, and handle your personal data in accordance with the provisions of the Privacy Notice, and (3) you understand your data subject rights and how to exercise them as provided in the Privacy Notice. Tapestry, Inc. agrees to abide by any applicable data privacy laws when handling your personal data.
Confidentiality. You acknowledge and agree that you may observe, acquire, or otherwise be exposed to non-public confidential information belonging to Tapestry ("Confidential Information") in connection with your participation in the Survey Activities and agree not to disclose any such information, including any data, text, images, products, materials, or other information without limitation to any third parties, including friends and family members. You agree not to reproduce, copy, publish, or distribute any Confidential Information or other materials you see or receive due to your participation in the Survey Activities. You acknowledge that Confidential or other materials could be deemed material non-public information under U.S. federal or state securities laws or similar laws in foreign jurisdictions. You agree not to use any such Confidential Information for trading in Tapestry securities or for any other purpose in violation of U.S. federal or state insider trading laws or similar laws in foreign jurisdictions.
KATE SPADE NEW YORK
"RATINGS & REVIEWS" 2022/2023 SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE OR INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. AN AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED IN ORDER TO RECEIVE A PRIZE (DEFINED BELOW).
BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED PARTIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. ELIGIBILITY: The Kate Spade New York "Ratings & Reviews" 2022/2023 Sweepstakes (the "Promotion") is open only to individuals who are at least eighteen (18) years of age at the time of entry, who are legal residents of the United States of America (including Puerto Rico and Washington, DC) and who satisfy all other eligibility requirements contained herein or applicable by law. This Promotion is void in all other jurisdictions, territories, possessions, and where otherwise prohibited by law. Officers, directors and employees of Tapestry, Inc. inclusive of the Kate Spade New York brand, 2 Park Avenue, New York, NY 10016 (the "Sponsor"), and its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and immediate family members (a parent, spouse, sibling or child, regardless of where they reside) and/or those living in the same household of any of the above, whether or not related, are not eligible to participate in this Promotion or to receive a prize.
2. ENTRY PERIOD: Promotion begins at 12:01 a.m. Eastern Time ("ET") on November 1, 2022 and 11:59 p.m. ET October 31, 2023 (according to Sponsor's time clock), by which time all entries must be received (the "Entry Period").
3. HOW TO ENTER: To enter, write a detailed review of a Kate Spade New York product (either a recent purchase or your favorite previous purchase or an item that you like) at one or both of the Sponsor's websites katespade.com and/or surprise.katespade.com (the "Review"). (The invitation to write a review can be found at the bottom of any individual product page on katespade.com and/or surprise.katespade.com.) Reviews must contain an actual review (inserting a single word or emoji/icon is insufficient) and comply with the requirements set forth in Section 3 of these Official Rules. There is no limitation on the number of reviews you can submit. Each Review will be an eligible to win the drawing for the month in which the Review was posted. (By way of example, if a Review is posted in December, that Review is eligible on for the December drawing.) All information entered becomes the property of Sponsor and will not be acknowledged or returned. By entering, you agree that entry information may be shared with Sponsor's websites, social channels and others to the extent required for prize fulfillment purposes. Sponsor may engage other third party application providers and vendors to administer certain aspects of the Promotion, including, without limitation, the online collection of entry information. Proof of entering information on third parties' applications is not considered proof of delivery to or receipt by Sponsor of such entry. Any such third parties will provide your personally identifiable information to Sponsor, who except as set forth herein, will use such information in accordance with its online privacy policy, available at katespade.com and/or surprise.katespade.com. Any such third parties may also use your information for their own independent purposes in accordance with their own independent privacy practices. Sponsor is not responsible for the collection, storage or use of your entry information by any such third parties.
4. REVIEW REQUIREMENTS. The Review must comply with the following requirements: (i) the Review may feature only the entrant and their opinion (and no other person or other person's opinion), unless entrant has obtained the other person's express consent and provides Sponsor with proof of such person's consent upon request; (ii) other than the Sponsor, its brands and/or logos, the Review 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, its brands and/or this Promotion; (iii) the Review must be entrant's own original words/work or entrant must have obtained the necessary permissions to submit the Review, and to grant Sponsor the rights set forth in these Official Rules; (iv) the Review must not have been 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 Review 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 Review 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 Review 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 Review cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (ix) the Review cannot depict and cannot itself be in violation of any law; and (x) the Review must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Review that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.
5. GRANT OF RIGHTS. Except where prohibited or restricted by law, by entering this Promotion, each entrant agrees that Sponsor and its respective designees may use entrant's name, image, likeness, city and state/province/territory of residence, biographical information, Review, prize information and/or statements about this Promotion for advertising and/or publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, notification, or permission.
6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Promotion represents and warrants as follows: (i) entrant owns, or has obtained any and all necessary rights and permissions required to submit, the Review and grant Sponsor the rights to use and display the Review as set forth above; (ii) the Review has not been previously published, distributed or otherwise exploited, except as provided by these Official Rules; (iii) the Review is wholly original and, as of the date of submission, the Review