THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED OR INSTAGRAM OR TWITTER NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW
1. Eligibility: The Kenneth Cole # BoldFashion Contest ("Contest") is open only to legal residents of the forty-eight (48) states of the Continental United States and the District of Columbia, who are 21 years of age or older at the time of entry. Officers, directors and employees of Refinery 29 Inc., Kenneth Cole, Productions, Inc. (ÒKCPÓ) and each of their respective parent and affiliated companies, subsidiaries, promotion agencies, suppliers (all such individuals and entities collectively referred to herein as the ÒPromotion EntitiesÓ) and members of their immediate families, are not eligible. Void in Puerto Rico and where prohibited by law. For purposes of this Contest, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsor: Refinery 29, Inc., 225 Broadway, New York, NY 10007, U.S.A
3. Timing: The Contest begins on September 13, 2013 at 12:00AM (EST) and ends on October 12 2013 at 11:59PM (EST) (the "Contest Period").
4. How to Enter: During the Contest Period, log on to your Instagram or Twitter account and sign up to ÒfollowÓ @Refinery29 and @kennethcoleprd Take a photo (each, a ÒSubmissionÓ) demonstrating what it means to be Bold in fashion and post it on Instagram or Twitter using the hashtags #30YrsBold and #BoldFashion (the ÒInstagram or Twitter HashtagÓ). Use of the Instagram or Twitter Hashtag constitutes unconditional acceptance to these Official Rules. Any Submission tagged with the Instagram or Twitter Hashtag on Instagram or Twitter may be eligible for the Contest. Once you upload your Submission to Instagram or Twitter using the Instagram or Twitter Hashtag, you will be entered into the Contest. Your Submission must include the Instagram or Twitter Hashtag in order to be eligible. By using the Instagram or Twitter Hashtag in connection with your post, you are acknowledging and agreeing that Refinery 29 and KCP have the right to stream your post through the Instagram and Twitter API or otherwise use your post as set forth in its online Terms and Conditions.
5. Entry Limitations: Entrants may submit one (1) entry per day during the Contest Period. Multiple entrants are not permitted to share the same Instagram or Twitter account. Any attempt by a entrant to obtain more than one (1) entry per day by using multiple/different accounts, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified.
6. Entry Errors: The Promotion Entities are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected Submissions, which will be disqualified. The Promotion Entities are not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
7. Selection of Winners: SponsorÕs judges will review all Submissions and select one (1) grand prize winner from all eligible Submissions received during the Contest Period based on the creativity and originally of their Submission. The decision of the Sponsor and judges is final and binding on all matters relating to the Contest.
8. Prizes: Grand Prize: One (1) winner will be selected to win a Grand Prize package that includes airfare and hotel stay for one night in New York City with an estimated value of $1,000 and a street style photo shoot executed by Refinery 29 photographer with an estimated value of $3,000. Plus, a $500 gift card for use online or in Kenneth Cole retail or outlet stores, furnished by Kenneth Cole. Total estimated retail value of the Grand Prize of $4,500. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. No cash alternative or substitution of the prize(s) will be allowed, except Sponsor reserves the right in its sole discretion to substitute prize(s) of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
9. Terms and conditions: The Grand Prize may not be applied to previous purchases, cannot be combined with any other offer. All Submissions must be received during the Contest Period. The potential winner will be chosen based on Submissions as judged by Sponsor, and will be selected on or about October 15, 2013 and notified by an Instagram or Twitter comment including SponsorÕs contact information. The potential winner must then contact Sponsor using that contact information within two (2) days of notification, and is subject to eligibility verification and compliance with these Official Rules. If a potential winner cannot be contacted, or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to any prize, and an alternate winner may be selected. Income and other taxes, if any, are the sole responsibility of each winner and all prizes are non-transferable, non-refundable and have no cash value if not used. Any and all expenses associated with a prize that are not included in the prize description also are the sole responsibility of the winner.
10. Grant of Rights: By participating in the Contest, each entrant irrevocably grants the Promotion Entities a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Submission in any way, for any reason, and in any and all media, without limitation, and without further notice, consent or consideration to the entrant. Without in any way limiting the foregoing, the Promotion Entities shall have the right, in their sole discretion, to modify and make derivative works of the Submission for any purpose which the Promotion Entities deem necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. The Promotion Entities shall have the right to freely sublicense their rights hereunder, in whole or in part, to any person or entity. The Promotion Entities shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
11. Representations and Warranties; Indemnification: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrantÕs own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. By entering, each entrant agrees to hereby indemnify and hold harmless the Promotion Entities from any and all third party claims, actions, proceedings or damages of any kind (including reasonable attorneys' fees) arising from, or relating to, the breach or alleged breach of the representations, warranties or agreements herein, your entry, or your conduct in creating your entry or otherwise in connection with this Contest.
12. Dates and Deadlines/Anticipated Number of Entrants: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
13. Nature of Relationship/Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the entrantÕs decision to provide the entrantÕs Submission to the Promotion Entities for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrantÕs Submission. Each entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Promotion EntityÕs use of any such similar or identical material. Each entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
14.No Obligation To Use: The Promotion Entities shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and the Promotion Entities may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and entrants shall not be entitled to any damages or other relief by reason thereof.
15. Acceptance of Official Rules: As a condition of entry, entrants fully and unconditionally agree to comply with these Official Rules and SponsorÕs decisions, which are final and binding in all respects.
16. Disputes: In the event of a dispute as to an Account, the authorized account holder of the email address used to register at Instragram.com will be deemed to be the entrant. The Òauthorized account holderÓ is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder.Potential winners may be required to show proof of identification. Except where prohibited, each entrant agrees that: any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneysÕ fees; and no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"). Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rule, governs and all disputes arising hereunder. All entrants waive any right to a jury trial.
17. Substitution; Taxes: No assignment or transfer of prizes permitted. EACH WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF HIS/HER PRIZE.
18. Potential Winner: As a condition of entry, each entrant grants consent to the Promotion Entities to use entrantÕs name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation to the greatest extent permitted by law. As applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility Release drafted by Sponsor to be eligible for the Grand Prize or an alternate winner will be selected. The winner may be required in SponsorÕs sole discretion to complete relevant tax forms as a condition to the delivery of the Grand Prize.
19. Liability: Each entrant represents and warrants that they (i) have all right, title and interest in and to any photo they submit; and (ii) will comply with all applicable laws, rules and regulations in conjunction with entering and participating in this Contest . Each entrant further agrees that and their subsidiaries and affiliated companies and all their advertising and promotion agencies and clients, together with each director, officer, owner, employee, agent, insurer, contractor and the successor and assign or each of them (collectively, the ÒReleased PartiesÓ), will have no liability whatsoever in connection with this Contest to entrant or to any person who may assert any claim derived from or through entrant and entrant shall hold each such releasee harmless for any injuries, losses or damages of any kind that entrant or others may incur with respect to entrantÕs participation in the Contest or acceptance, use or misuse of a prize. By entering the Contest, each entrant explicitly releases, discharges and holds harmless the Promotion Entities, Instagram or Twitter, one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts fees and costs, which s/he now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any other reason, whether or not occurring during or arising out of his/her participation in the Contest and/or acceptance, use and/or misuse of a prize. The Promotion Entities, and Instagram or Twitter, are not responsible for 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.
20. Conditions of Participation: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsor reserves the right, but not the obligation, to award prizes to persons who entered prior to the date of termination. Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor's sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
This Contest uses the Instagramª and Twitter API and is not endorsed or certified by Instagram or Burbn, Inc. All Instagramª logos and trademarks displayed on or in conjunction with the Contest are property of Burbn, Inc. All Twitter logos and trademarks displayed on or in conjunction with the Contest are property of Twitter Inc.