KATE SPADE NEW YORK
“25th ANNIVERSARY” 2018 CONTEST
NO PURCHASE NECESSARY TO ENTER OR TO WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
1. ELIGIBILITY: The Kate Spade New York “25th Anniversary” 2018 Contest (the “Contest”) 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 and who satisfy all other eligibility requirements contained herein or applicable by law. This Contest is void in all other jurisdictions, territories, possessions, and where otherwise prohibited by law. Officers, directors and employees of Kate Spade & Company, 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 Contest or to receive a prize.
3. PHOTO & STORY REQUIREMENTS. The Post (including the photo and the story) must comply with the following requirements: (i) the photo may feature only the entrant and no other person, 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 photo and the story 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 Contest; (iii) the photo and the story must be entrant's own original work or entrant must have obtained the necessary permissions to submit the photo and the story, and to grant Sponsor the rights set forth in these Official Rules; (iv) the photo and the story 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 photo and the story 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 and the story 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 and the story 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 and the story cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (ix) the photo and the story cannot depict and cannot itself be in violation of any law; and (x) the photo and the story must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Post/Entry 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.
4. GRANT OF RIGHTS. Each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Post (in whole or in part) for any and all purposes in any and all media channels without limitation, worldwide and without additional compensation, notice or approval from entrant.
5. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Contest represents and warrants as follows: (i) entrant owns, or has obtained any and all necessary rights and permissions required to submit, the Post and grant Sponsor the rights to use and display the Post as set forth above; (ii) neither the photo nor the story making up the Post has been previously published, distributed or otherwise exploited, except as provided by these Official Rules; (iii) the photo and the story are wholly original and, as of the date of submission, the Post is not the subject of any actual or threatened litigation or claim; (iv) the photo and the story do 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 (v) the photo and the story do not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor and its parent, 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 entrant hereunder.
6. WINNER SELECTION: Once a month during the Contest Period, Sponsor or its designee will select three (3) Entries that told the story of their love for their favoriate kate spade new york product in the most creative manner. The Sponsor, in its sole and absolute discretion, shall select three (3) potential winners from all eligible Entries received during each month of the Contest Period. Potential winners (or any minor potential winner's parent or legal guardian) may be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) by the date or within the time frame specified by Sponsor or an alternate winner may be selected. All decisions of Sponsor on all matters relating to this Contest, including, without limitation, related its selection and determination of winners of this Contest shall be final and binding. Odds of winning a prize depends on the number, nature and quality of eligible entries received. The potential winners will be notified by phone, e-mail or otherwise as Sponsor may determine using the contact information provided at the time of entry. If a potential winner is not able to be contacted by Sponsor within seven (7) days following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within ten (10) days, or is otherwise not in compliance herewith, the prize may, in Sponsor’s sole and absolute discretion, be forfeited and/or awarded to an alternate winner.
7. PRIZE: Subject to verification of eligibility and compliance with these Official Rules, three (3) winners per month during the Contest Period will each receive one Sam handbag (approximate retail value varies from $198-$598 depending on style of Sam handbag) (each, a “Prize”). In the event such handbag is not available, Sponsor may substitute the Prize for a handbag of similar value.
8. PRIZE CONDITIONS: A Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a Prize (to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes) are the sole responsibility of the winner. Each Prize is non-transferable and no substitutions or cash equivalents are allowed, except in the sole discretion of Sponsor. SUCH PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
9. GENERAL RELEASE/FORCE MAJEURE: By entering this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees to be bound by all terms of these Official Rules. By entering this Contest, each entrant (and any minor entrant’s parent or legal guardian) releases, holds harmless, covenants not to sue, and forever discharges Sponsor, Twitter, Instagram and their respective parent company, affiliates and subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Contest, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as, the “Released Parties”), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Contest including without limitation, in connection with (i) the administration of the Contest, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Contest, the processing of entries, the announcement of any prizes or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries or mail, or any delays in delivery or lack of availability of any prize or prize materials, and/or (ii) entrant’s participation in this Contest or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to any travel related thereto, and death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity. Except where prohibited or restricted by law, by entering this Contest, each entrant (and any minor entrant’s parent or legal guardian) agrees that Sponsor, and its respective designees may use entrant’s name, image, likeness, address, biographical information, Post, Entry, prize information and/or statements about this Contest 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. No more than the stated number of Prizes will be awarded. Sponsor reserve its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Contest and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Contest or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest; or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within Sponsor’s control, then Sponsor shall have the right to modify, suspend, extend or terminate the Contest.
10. MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or any rights and obligations of the entrants and Sponsor relating to 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 that would cause the application of any other state's laws. By entering this Contest, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Contest shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Manhattan, 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. Without limiting the scope of any legal release provided herein, except where prohibited, under no circumstance shall any entrant be permitted to seek or obtain and, by entering this Contest, each entrant waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses incurred, but in no event attorneys' fees, and each entrant further waives any and all rights to have damages multiplied or otherwise increased. ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE OPERATION OF THIS CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. WINNER LIST:For any legally required winner’s list, send a self-addressed stamped envelope mentioning “KATE SPADE NEW YORK® 25th Anniversary 2018 Contest” to the following address: 2 Park Avenue, New York, NY 10016, attention General Counsel.
This Contest is in no way sponsored, endorsed or administered by, or associated with, Twitter or Instagram. Any and all questions, comments or complaints regarding the Contest must be directed only to Sponsor and not to Twitter or Instagram.