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[KATE SPADE NEW YORK AND BAM]
OFFICIAL RULES
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
 

 A purchase or payment will not improve your chances of winning.  The [KATE SPADE NEW YORK AND BAM] Sweepstakes will be conducted as five (5) sweepstakes (individually and collectively, the "Sweepstakes") during the Sweepstakes period, which begins at 12:01 AM Eastern Time ("ET") on September 23, 2015 and ends at 11:59 PM ET on October 12, 2015 (the "Sweepstakes Period").  Eastern Time shall control for all purposes of this Sweepstakes.  Sponsor's clock shall be the official timekeeper for the Sweepstakes.  The Sweepstakes is governed by these Official Rules and is subject to all applicable federal, state and local laws and regulations. Void where prohibited. 
 
1. Eligibility. The Sweepstakes is open only to legal residents of the 50 United States, who are 18 years of age or older at the time of entry.  Proof of residency and age may be required prior to award of any prize.  Employees of Kate Spade LLC and its parent, subsidiaries, divisions, affiliates, and advertising or promotional agencies, and the immediate family and household members of such individuals, are not eligible to enter or win.  "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live.  "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Sweepstakes or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Sweepstakes.
 
2. How to enter. To participate in the Sweepstakes, you must have a valid Instagram account and follow @katespadeny.  If you do not already have an Instagram account, download the free Instagram application to your mobile device and create an account as instructed.  An Instagram account is free of charge.  At five (5) random times during the Sweepstakes Period, Sponsor will post an image of a recreated classic movie scene (each, an "Image") and you will have to correctly guess the name of the movie to be entered for a chance to win a prize in the drawing associated with that Image, as set forth in Section 5 below.  To qualify for entry in a drawing, (1) you must follow @katespadeny on Instagram; (2) in the comment section of the main Instagram post of the Image, you must submit your guess (the "Comment") as to the name of the movie depicted in the Image; and (3) your Comment must be correct.  Limit one (1) entry per person per Image.  If you submit a correct answer for multiple Images during the Sweepstakes Period, you are nonetheless eligible to win only one (1) prize for the duration of the Sweepstakes Period.  Comments must comply with Instagram's Terms of Use and Community Guidelines, in addition to these Official Rules, in order to be eligible and qualify for entry in the Sweepstakes.  Comments will be deemed to have been submitted by the authorized account holder of the Instagram account associated with the posted Comment at the time of entry, as identified by the primary email address associated with that account.  Although it is free to enter, standard message and data rates may be incurred if you participate in the Sweepstakes using your mobile device.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
 
4. Prizes.  Each winner will receive one (1) $500.00 kate spade new york gift card (approximate retail value ("ARV"): $500.00).  There will be a total of five (5) gift card prizes available to be won for the duration of the Sweepstakes Period.   Gift cards are valid online at www.katespade.com and at any kate spade new york specialty store. Gift cards are not valid at kate spade new york outlet stores and are subject to their terms and conditions.  All federal, state and local taxes on the prizes are the sole responsibility of the winner.  Lost or stolen gift cards will not be replaced.  Any portion of a prize not accepted or unclaimed and/or unused by a winner will be forfeited and will not be substituted.  No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent).  ARV of prize is in U.S. dollars.
 
  5. Winner Selection; Odds of Winning.  For each of the five (5) Images that will be posted by Sponsor during the Sweepstakes Period, there will be one (1) winner randomly selected from all eligible entries received for that drawing.  Limit to one (1) prize per winning entrant for the duration of the Sweepstakes Period.  Odds of winning a prize depend upon the number of eligible entries received correlating to the Image associated with that drawing.
 
6.  Winner Notification.  Potential winners will be notified via Instagram with instructions on how to contact Sponsor by email to claim prize.  Winner (or winner's parent/legal guardian if a minor) must reply to winner notification within forty-eight (48) hours or prize will be forfeited and an alternate winner may be selected at random in Sponsor's discretion, from the remaining eligible entries received for that particular drawing.  Potential winner may also be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected. If potential winner is under the age of majority in its state of legal residence, the Affidavit must be executed on its behalf by its parent or legal guardian.  In the event: (a) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or Affidavit is returned as undeliverable; (b) a potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) a potential winner is found to be ineligible to enter the Sweepstakes or receive the prize, (e) a potential winner cannot or does not comply with the Official Rules, or (f) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Sweepstakes and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received for that drawing.
 
7.  Publicity Release; Use of Personal Information.  Except where prohibited or restricted by law, a winner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Sponsor, worldwide and in perpetuity for any and all purposes, 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, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.  By entering the Sweepstakes, entrants may be sharing their personal information with Sponsor.  Any personal information collected by Sponsor will be used for administration of the Sweepstakes and awarding the prize.  In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at 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.  Entrants may subsequently opt-out of receiving further emails as set forth in Sponsor's privacy policy.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned.
 
8.  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, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email or Instagram accounts or an entrant's failure to monitor its email or Instagram account; (c) entrants who have committed fraud or deception in entering or participating in the Sweepstakes or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Sweepstakes, or with any website promoting the Sweepstakes; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Sweepstakes multiple times through the use of multiple accounts or any robotic or automated devices to submit entries.  If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Sweepstakes, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Sweepstakes promotion, including the entire Sweepstakes promotion, and/or modify the Sweepstakes and/or award the prizes based upon the criteria set forth in these Official Rules from all eligible entries received as of the termination date.
 
9.  Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Sweepstakes, entrants and winners agree to release and hold harmless Sponsor, Instagram and their respective parent, 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, the Sweepstakes, or possession, acceptance and/or use or misuse of the prize or participation in any Sweepstakes-related or prize-related activity and for any claims or causes of action based on publicity rights, defamation or invasion of privacy and merchandise delivery.  The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Sweepstakes.  Entrants and winners 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, relative to any prize or any component thereof.  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Sweepstakes, shall be resolved individually, without resort to class action, and 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 the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York.  Entrants 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.  Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys' fees and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and further waives any and all rights to have damages multiplied or otherwise increased.
 
10. Sponsor: Kate Spade LLC, 2 Park Avenue, 8th floor, New York, NY 10016. The Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Instagram.  Any and all questions, comments or complaints regarding the Sweepstakes must be directed solely to Sponsor, not Instagram.
 
11.  Winner List. To obtain a copy of the winners' list, available after October 12, 2015, send a self-addressed, stamped envelope to: [KATE SPADE NEW YORK AND BAM], Kate Spade LLC, 2 Park Avenue, 8th floor, New York, NY 10016, for Sponsor's receipt by December 31, 2015.

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