Star in a Bra USA Terms and Conditions

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Star in a Bra USA Terms and Conditions

  1. 1. FINALAdvertising Disclosure(For print advertising and email advertising. Can be avoided when banner ad teaser only and the rulesare visibly available on the page that the banner clicks to (i.e. one click away).NO PURCHASE NECESSARY TO ENTER. Contest is open to legal residents of the 50 United States and theDistrict of Columbia, age 18 or older. Go to usa.starinabra.com to enter and for Official Rules governing theContest. Entries must be received between 12:01 PM ET on 04/05/12 and 11:59 PM ET on 04/27/12. Voidwhere prohibited by law Sponsor: Curvy Kate Limited.Facebook page disclosures:NO PURCHASE NECESSARY TO ENTER. Contest is open to legal residents of the 50 United States and theDistrict of Columbia, age 18 or older. Entries must be received between 12:01 AM ET on 04/05/12 and 11:59PM ET on 04/27/12. Void where prohibited by law.Twitter:NoPurNec18+Ends04/27/12Rules[http://slidesha.re/SIABterms]. CURVY KATE STAR IN A BRA CONTEST OFFICIAL RULESNO PURCHASE NECESSARY TO ENTER OR WIN.1. Contest Entry Period/Sponsor: Curvy Kate Star In A Bra Contest (“Contest”) begins at 12:01 PM,Eastern Time ("ET") on April 5, 2012 and 11:59 PM EST on April 27, 2012 (the "Contest Entry Period").Sponsor: Curvy Kate Limited, Registered Office 52 High Street, Pinner, Middlesex HA5 5PW, United Kingdom.2. Eligibility: The Contest is open to individuals who (A) are legal residents of the 50 United States or Districtof Columbia, age 18 or older, (B) have a natural size D+ cup bra size with no enhancements; and (C) are notcurrently under contract with any modeling agency. Employees of Sponsor, its advertising and promotionagencies and anyone involved with the Contest (collectively, “Contest Entities”), and their immediate familymembers and/or those living in the same household of each (whether related or not) are not eligible to enter orwin. For the purpose of this Contest, an immediate family member is defined as spouse, partner, mother,father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. Contestis governed by U.S law. Contest is void: where prohibited..3. How to enter: Sponsor is looking for individuals who can fit the brand image of Curvy Kate. Sent five (5)photos of yourself: 3 full length lingerie or swimwear photographs and 2 face shots ("Photos) showing whyyou are most deserving to fit the brand image of Curvy Kate ("theme") and provide an essay of up to 1000words ("Essay") indicating why you are entering the Contest. To enter the Contest, go to the Curvy Katebrand page on Facebook at http://www.facebook.com/curvykate. You must "Like" the Curvy Kate Facebookbrand page in order to view the Contest Website. Then follow all onscreen entry instructions to complete theentry form and upload your Photos as instructed providing your name, address, email address, and thensubmit during the Contest Entry Period. The Photos, Essay and entry form are collectively, an ‘Entry(ies”). Allsubmitted Entries will not be returned or acknowledged. Proof of submission of an Entry does not constituteproof of receipt by Sponsor. Only one (1) Entry per person/email address permitted. In the event of a disputeover the identity of an online entrant or the rights to an Photo or Essay, the Entry will be disqualified.4. Requirements for Entry: Your Entry must comply with the following: • the Photos and Essay are original with you, are not copied from any other work, and do not infringe upon the rights of any third party; • the Photos or Essay do not depict or describe any third party copyrighted material, products, trademarks or logos (with the exception of Curvy Kate); • the Photos and Essay do not defame or otherwise violate the rights of any third party; • the Photos and Essay cannot contain any personally identifiable information, website urls (except www.curvykate.com), offensive material or any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or material that is racially insensitive, profane, slanderous, disparaging to any person or third party, offensive to good taste, discriminatory on the basis of sexual orientation, religion or race, or which visually depicts alcohol, illegal drug use or gambling, controversial subject
  2. 2. FINAL matter or any subject which is contrary to the interests of Sponsor or contain anything that is contrary to the interests of any of the Contest Entities, as determined in the sole discretion of the Sponsor.; • once a Photo is received it cannot be modified or edited but Photos can be substituted until the last entry date; • The Photos can only depict the entrant and no entries may be submitted on behalf of someone else; • You have received permission from anyone involved in the creation of the Photos (“Third Party Participants”) to submit the Photos in this Contest and to grant the rights granted to the Sponsor herein (and if requested from the Sponsor, you will provide evidence of this permission); • Due to technical limitations the uploaded Photos cannot be larger than 5 MB uncompressed; • Photos cannot be enhanced, altered, or edited in any form through digital software; • Essays must be in the English language (with the exception of single words or short terms from other languages which are permissible as long as their meaning is evident in the sole discretion of the Sponsor).5. Entrants License to Use Entries: By participating in the Contest, each entrant warrants and represents (i)that her Entry complies with the requirements in these official rules (ii) that use by Sponsor of the Entry aslicensed by entrant or assigned by the winners herein will not give rise to any claims of infringement, invasion ofprivacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims forpayment whatsoever. By entering the Contest and submitting a Entry, each entrant (a) retains ownership of theEntry she submits (b) grants to the Sponsor, and any organizations affiliated with the sponsorship, fulfillment,administration, advertisement or promotion of the Contest the perpetual, fully-paid, irrevocable, non-exclusivelicense to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize,modify, edit, otherwise use, and permit others to use and perform throughout the world the Entry, in whole or inpart, in any manner, form, or format now or hereinafter created, including on the internet, and for any purpose,including, but not limited to, advertising or promotion of Sponsor and Contest, or any other reason, all withoutfurther consent from or payment to entrant or any other person or entity; (c) waives all moral rights in and tohis/her Entry in favour of the Sponsor; and (d) agrees to indemnify, release and hold harmless the ReleasedParties (defined below) from and against any and all claims based on publicity rights, defamation, invasion ofprivacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.For greater certainty, the Sponsor reserves the right, in its sole discretion, to modify, edit or disqualify any Entryfor any reason. Entries may be published and posted online but entrants agree that Sponsor has no obligation topost or publish Entries and that all such postings or publication, if any, will be in the Sponsor’s sole discretionand that the posting or publication of an Entry has no bearing on whether the Entry is a potential winner. In theevent of any dispute or potential dispute regarding the Entry or entrant, Identifiable Person or any third party or ifSponsor has reasonable grounds for suspecting any breach or abuse of these Official Rules by any personinvolved in an Entry, the Entry may be disqualified in Sponsor’s sole discretion. Sponsor may ask for evidenceof written permissions required by these Official Rules.6. Selection of Winner(s): Round One: All submitted Entries will be reviewed for compliance with the rules as stated herein. Then all Entries will initially be judged by a panel of judges from the Curvy Kate editorial team ("Judges") based on the following criteria; (1) appropriateness to the identity of the brand, (2) entrants suitability for trade and advertising purposes, (3) entrants natural beauty; (4) likely fit in Curvy Kate lingerie (5) originality of Essay ("Judging Criteria"). In the event of a tie, the tying finalists will be re-judged based on how best the Entry showcases the theme. In the event of a second tie the tying finalists will be re-judged based on the Entry that is determined by the Judges to be the most naturally beautiful. The thirty (30) top scoring Entries will be the semi-finalists. Round Two: The 30 semi-finalists will then will be notified by email on or about 05/04/12 (notice") and will be required to execute an affidavit of eligibility, liability release, and publicity release (collectively, "Release") as a condition to being declared a semi finalist and agree to travel to NYC for a photo shot on dates specified by the Sponsor, tentatively scheduled for 06/06/12-06/07/12 in the event they are selected as one of the 10 finalists. The email notification will go out 3 times in 72 hours and semi finalists must respond to the email to be eligible to continue to compete. Entrants can print the required documents found at www.curvykate.com and mail to Sponsor by following the instructions provided. If a potential semi finalist is a minor, as determined by the laws in the state in which the potential semi finalist resides, the Release must be signed by that minor’s parent or legal guardian on the minor’s behalf. If the notice comes back as undeliverable, or a potential winner does not respond to the email notification within 72 hours of receipt and/or return the required executed Release within five (5) days from the date of the notice, or if an entrant or Entry is found to be ineligible for any reason, the potential semi finalist will be disqualified and will forfeit
  3. 3. FINAL any rights to compete and a runner up will be selected as a substitute semi finalist or Sponsor shall only allow for the number of semi-finalists that have followed the requirements of the Official Rules, due to timing constraints, or otherwise, as determined in Sponsor’s sole discretion. First Voting Round: The Photo Entries of the 30 semi finalists will be posted on the Contest Website and voted on by the Curvy Kate community who will determine their favorites by voting for their top three (3) choices out of the 30 semi finalists. The First Round Voting Period begins at 12:00:01 AM ET on 05/10/12 and ends at 11:59:59 PM ET on 05/24/12 (“Voting Period”). The top ten (10) favorites will be determined by the highest number of valid Votes received from Voters who log into the Contest Website (as determined by Sponsor). Final Voting Round: The Top 10 Finalists will be required to fly to New York City for a professional photo shoot (travel expenses will be paid for by Sponsor) and the photos from that shoot, determined by Sponsor, will be published on the Contest Website on or about 06/13/12 for two weeks of public voting to determine the winner by voting for the top favorite out of the 10 finalists. The top model will be determined by the highest number of valid Votes received from Voters who log into the Contest Website (as determined by Sponsor).Voting Requirements for Both Rounds of Voting: Voting is subject to the terms of use of the ContestWebsite and any voting instructions will be posted on the Contest Website, including but not limited to, thefollowing: to be eligible to vote, voters must be legal residents of the 50 United States or District of Columbia andat least 16 years of age as of the time of voting ("Valid Voter(s)"). All Valid Voters in the First Voting Round mayvote for their three (3) favorite semi finalists and in the Final Voting Round must vote for the top favorite finalist byregistering and logging on to the Contest Website and following the onscreen prompts to vote for their favoritechoice(s) (each a “Vote”). In the event of a tie in Voting, the Judges will re-judge the tying Entries and select thewinning Entries from the tying Entries based based upon the Judging Criteria. Only three Votes per Voter will betallied in the First Round and one Vote per Voter in the Final Voting Round per person/email address. Multiplevotes from accounts created with the sole purpose of voting multiple times (as determined by Sponsor in its solediscretion) will be disqualified. Votes that do not comply with the Official Rules or these requirements, or thatresult from fraud or collusion, or any other abuse of these Official Rules, may be disqualified in Sponsor’s solediscretion. If an Entrant is found to have engaged in such fraud, collusion, or abuse all of that Entries’ Votes willbe disqualified. The Entries receiving the highest combined scores of eligible, non-suspect Votes will be deemedthe potential applicable finalists or winner. Sponsor reserves the right to void all Votes made through any robotic,automatic, mechanical, programmed or similar entry duplication method and to disqualify any individual usingsuch a method. The Sponsor’s decisions will be solely determinative and final in all matters regarding thisContest.7. Semi Finalists Requirements: The potential 30 semi-finalists will be notified by email on or about 05/04/12(notice") and as a condition to continuing to being eligible to compete to be declared a finalist, semi-finalists mustbe available and agree to travel on dates specified by Sponsor. If an email notice comes back as undeliverable,or a potential semi finalist does not return any required documents and/or documents necessary for travel withinthe time allowed, or if an entrant or Entry is found to be ineligible for any reason, the potential semi finalist will bedisqualified and will forfeit any rights to compete.8. Finalists Requirements: Ten (10) finalists must travel to New York City for a professional photo shootwhich will require that they travel on dates specified by Sponsor, tentatively scheduled for 06/06/12-06/07/12.Finalists will be provided with round-trip coach air transportation to and from a major commercial airport inthe United States, near the winner’s primary residence and New York City, as determined by Sponsor(Sponsor reserves the right to substitute ground transportation for air transportation for finalists who residewithin 150 miles of the New York City); hotel accommodations (one single occupancy room and room taxonly), and ground transportation to and from the airport in New York City and the hotel. All other expensesnot specifically mentioned herein, including but not limited to, local ground transportation in home town or inNew York City, food, beverages, additional hotel amenities or fees and gratuities, are the sole responsibilityof finalists. Travel, hotel and other accommodations are determined by the Sponsor. Travel dates and detailsare subject to change. If selected finalist is unable to travel during the dates specified once dates of thephoto shoot are final the selected finalist will forfeit the opportunity to move onto the next round.Arrangements for the trip and shoot will be made by Sponsor. Sponsor is not responsible for baggage fees orfor any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the airtransportation carriers, hotels or other transportation companies or any other persons providing any of theseservices and accommodations necessitated by same or any other fees incurred by semi finalists in travelingand participating in the shoot.
  4. 4. FINAL9. Prize: The winner will receive a one years worth of Curvy Kate lingerie valued up to $900. All fees,federal, state, local or other expenses relating to the use, acceptance and possession of prize are the soleresponsibility of the winner. Prize is non-transferrable. Sponsor reserves the right to substitute a prize ofequal or greater value at its sole discretion and no substitution by winner or cash equivalent is allowed. AnIRS form 1099 will be awarded in the name of the winner for the retail value of the prize awarded.Winner will also be eligible to be signed to a one year modeling contract with Curvy Kate ("Contract") whichwill include participating in photo shoots in the United Kingdom for Curvy Kate, provided that the terms areagreed upon by Sponsor and the winner and the Contract is signed by the winner within 30 days of receipt.The compensation paid to winner under the contract will be determined by Sponsor based upon a day rate tobe determined. The Contract is not guaranteed.10. General Conditions: Entrants agree to these Official Rules and the decisions of the Sponsor, and ontheir behalf, and on behalf of their respective heirs, executors, administrators, legal representatives,successors and assigns (“Releasing Parties”), release, defend and hold harmless the Contest Entities,Facebook, YouTube, Twitter as well as the employees, officers, directors and agents of each (“ReleasedParties”), from any and all actions, causes of action, suits, debts, dues, sums of money, accounts,reckonings, bonds, bills, specialties, covenants, contracts, controversies, agreements, promises, variances,trespasses, lost profits, indirect or direct damages, consequential damages, incidental damages, punitive orexemplary damages, judgments, extent, executions, claims and demands whatsoever, in law, admiralty orequity, whether known or unknown, foreseen or unforeseen, against Released Parties which any one ormore of the Releasing Parties ever had, now have or hereafter can, shall or may have which in any way ariseout of or result from entrant’s participation, acceptance and use or misuse of any prize. By entering thisContest, all entrants give permission (except where prohibited by law) to Sponsor and its licensees to use thesemi finalists names, Photos, Essays, hometown and likeness for promotional purposes without furthercompensation. If the Sponsor decides that there are an insufficient number of qualified Entries suitable forentry into the Contest Sponsor may select less winners or cancel the Contest entirely. If Sponsor at any timereceives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.)alleging intellectual property infringement of the Photo or violation of the rights of any Identifiable Person orThird Party Participant, Sponsor reserves the right to disqualify the Entry. Sponsor is not responsible for anytypographical or other error in the printing of the offer, administration of the Contest or in the announcementof any prize or in the event Sponsor is prevented from continuing with the Contest as contemplated herein byany event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute orstrike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat oractivity, war (declared or undeclared) or any federal, state, territorial/provincial or local government law,order, or regulation, or order of any court or other cause not within Sponsors control. Entrants assume allliability for any injury, including death or damage caused or claimed to be caused, by participation in thisContest or use/misuse or redemption of any prize. This Contest shall be governed by and interpreted underthe laws of the State of New Jersey, U.S.A. for any disputes involving residents of the United States withoutregard to its conflicts of laws provisions. Any and all disputes, claims, and causes of action arising out of or inconnection with this Contest, shall be resolved individually, without resort to any form of class action. ANYCLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTSASSOCIATED WITH ENTERING THIS CONTEST. ENTRANT HEREBY WAIVES ANY RIGHTS ORCLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIALDAMAGES OF ENTRANT, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ONNEGLIGENCE OR OTHERWISE. Entry materials/data that have been tampered with or altered, or massentries or entries generated by a script, macro or use of automated devices are void. Sponsor reserves the rightto, in good faith, to cancel the Contest or to determine the Winner based on criteria that Sponsor, in its solediscretion, determines is a fair resolution of the Contest, including without limitation, the number Votesaccumulated before a technical issue and/or dispute arose, or the Judges determination based upon the JudgingCriteria. In no event will Sponsor be responsible for any technical difficulties or disputes that make an alternativedetermination of the Winner or the cancellation of the Contest necessary. The Sponsor is not responsible for: (i)lost, late, misdirected, illegible Entries; (ii) error, omission, interruption, deletion, defect, delay in operations ortransmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical,network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, orinaccurate transmission of or failure to receive entry information by Sponsor on account of technical problems ortraffic congestion on the Internet or at any web site or any combination thereof; (iii) any injury or damage toentrant’s or any other person’s computer or other device related to or resulting from participating in the Contest,or (iv) the failure of any third party to comply with the instructions and proper administration of this Contest.Sponsor reserves the right to permanently disqualify from any Contest it sponsors any person it believes has
  5. 5. FINALintentionally violated these Official Rules; and terminate the Contest if it becomes technically corrupted (includingif a computer virus or system malfunction inalterably impairs its ability to conduct the Contest), or to selectwinners from among all eligible entries received prior to termination. LEGAL WARNING: ANY ATTEMPT BYAN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY INTERFERE WITH THEOPERATION OF THE CONTEST, IS A VIOLATION OF CRIMINAL & CIVIL LAWS AND SPONSORRESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINSTANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. st10. Winners Name: For the name of the winner (available after July 1 2012), send a self-addressed stenvelope (postage not required) by September 1 , 2012 to: Curvy Kate Limited, Registered Office 52 HighStreet, Pinner, Middlesex HA5 5PW, United Kingdom].11. PRIVACY: By entering, Sponsor may use and share your information pursuant to its privacy policy found athttp://www.curvykate.com/privacy-policy.php By participating in the Contest, entrants hereby agree to Sponsor’scollection and usage of entrant’s personal information in accordance with the Sponsor’s privacy policy (whichincludes promotional e-mails from which entrants can opt-out of at anytime) and acknowledges that entrant hasread and accepted Sponsor’s privacy policy.This Contest is not sponsored, endorsed or administered by Facebook, nor is Facebook associated withthe Contest in any way. You understand that you are providing information to Sponsor and not toFacebook. Any questions, comments or complaints regarding the Contest must be directed to Sponsorand not to Facebook. Facebook is a registered trademark of Facebook, Inc

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