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New York Fashion Week Design Challenge
The New York Fashion Week Design Challenge (the “Contest”) begins at 7:00 a.m. EST on August 15, 2012 \(the “Contest Start Date”) and ends at 5:00 p.m. EST September 2, 2012 (the “Contest End Date”) (such period referred to herein as the “Contest Period”). The Contest is sponsored by Cut On Your Bias, Inc. (the “Contest Sponsor”).
Participation in the Contest is voluntary and does not require you to purchase anything from the Contest Sponsor. No illegible, incomplete, forged or altered entries will be accepted. All entries become the property of the Contest Sponsor and will not be returned. All entries are subject to the Contest Sponsor’s http://cutonyourbias.com/privacy and http://cutonyourbias.com/terms-and-conditions-en and a maximum of 17 entries per participant.
The Prize is 2 tickets to attend a fashion show live in NYC with the show subject to the discretion of, and selected by, Cut On Your Bias. The total approximate retail value of attending the show is $500. The winning Participant must make his or her own travel, hotel and related arrangements. The winning Participant may alternatively opt for a $500 non-transferrable gift certificate for use on Cut On Your Bias only. This gift certificate has no cash value.
Odds of winning are affected by the number of eligible entries received by the Contest End Date. The total approximate retail value of all prizes is $500 (actual value may vary). Allow 3-4 weeks after validation of arrangement for receipt of prize. Only one Prize will be awarded. Additional terms and conditions may apply to winner’s use of the prize, including venue restrictions for the fashion show location and designer established fashion show restrictions. The winners will be solely responsible for all other expenses not specifically set forth herein. The Contest Sponsor reserves the right to substitute prizes of equal or greater value. No other substitution or transfer of prizes permitted. The Contest Sponsor is responsible only for prize delivery. In order to receive a prize, the winners may be required to provide proof of identification. Any and all taxes on any prize, including income and/or sales taxes, are the sole responsibility of the winner(s). The winner(s) of any prize with a value of $600 or greater will be issued a 1099 U.S. Tax Form for the retail value of the prize.
Participant Eligibility. The Contest is only open to legal residents of the United States and residents of Puerto Rico, Guam, and all other U.S. foreign possessions and territories) who are at least eighteen (18) years of age at the time of entry. Entries are limited to individuals only; commercial enterprises and business entities are not eligible. By participating in the Contest, each participant accepts the conditions stated in these Official Rules, agrees to be bound by the decisions of the Contest Sponsor and warrants that she/he is eligible to participate in the Contest. Employees, independent contractors, officers, and directors of the Contest Sponsor, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors, and their immediate family members and persons living in the same household, are not eligible to participate in the Contest. THE CONTEST IS VOID WHERE PROHIBITED OR RESTRICTED BY LAW and is subject to applicable federal, state and local laws and regulations.
4. SELECTION OF WINNERS:
During the Contest Period, individuals may vote for their favorite design combinations for each designer collection presented by visiting the Websites and clicking on the applicable voting buttons. Participant’s final vote for each collection is an entry and a maximum of 17 entries will be accepted per Participant. The winners of the Prize will be determined based on the number of votes received.
The winners will be notified by email using the information provided when the participant entered the Contest, within 30 days of the Contest End Date. Such notification shall include instructions for proper acceptance of the prizes by the winners. In the event a winner does not accept a prize, a winner is ineligible, or the prize or prize notification is not deliverable, an alternate winner may be selected. The Contest Sponsor is not responsible for and shall not be liable for late, lost, misdirected or unsuccessful efforts to notify a winner. The winners agree to Contest Sponsor’s use of their name, address, likeness, and/or prize information for promotional purposes in any medium without additional compensation to the extent permitted by law. Where lawful, the winners may be required to sign and return an Affidavit of Eligibility, Release of Liability, and Publicity Release.
The Contest Sponsor, FashionIndie, Facebook, Twitter, and Pinterest, their respective agents, directors, officers, shareholders, employees, insurers, servants, parents, subsidiaries, divisions, affiliates, predecessors, successors, representatives, advertising, promotion, and fulfillment agencies, and legal advisors (the “Released Entities”), are not responsible for, shall not be liable for, and hereby disclaim all liability arising from or relating to: (i) late, lost, delayed, damaged, misdirected, misaddressed, incomplete, or unintelligible entries; (ii) telephone, electronic, hardware or software program, network, Internet, computer or other malfunctions, failures, or difficulties of any kind, whether human or technical; (iii) failed, incomplete, garbled, or delayed computer or e-mail transmissions; (iv) any condition caused by events beyond the control of the Contest Sponsor; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of any prize, or any portion thereof that may have been awarded, or acceptance, possession, or use of any prize, or any portion thereof that may have been awarded, or from participation in the Contest; or (vi) any printing or typographical errors in any materials associated with the Contest. The Contest Sponsor reserves the right, in its sole discretion, to suspend, modify or cancel the Contest should any unauthorized human intervention or other causes beyond the Contest Sponsor’s control corrupt or affect the administration, security, fairness or proper conduct of the Contest. In the event that proper administration of the Contest is prevented by such causes as contemplated above, the Contest Sponsor will pick the winners from all eligible, non-suspect entries received prior to such action. By participating in the Contest, participants and winners agree to release, discharge and hold harmless the Released Entities, and all others associated with the development and execution of the Contest, from any and all losses, damages, rights, claims and actions of any kind arising out of or relating to the Contest, participation in the Contest, any prize, or any portion thereof that may have been awarded, and/or acceptance, possession, use or misuse of any prize, or any portion thereof that may have been awarded, including but not limited to statutory and common law claims for misappropriation or participant’s right of publicity. This Contest shall be governed by New York law. By participating in this Contest, participants agree that New York courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest and that venue shall be only in New York, New York.
6. WINNER LIST:
To obtain the first name, last initial, city and state of the Contest winner after the Contest End Date, send a separate self-addressed, stamped envelope marked “New York Fashion Week Design Challenge Winner List” to the Contest Sponsor. Requests for list of the winner must be received no later than 90 days from the Contest End Date (residents of Vermont and Washington need not include return postage).
7. CONTEST SPONSOR:
Cut On Your Bias, Inc.
New York Fashion Week Design Challenge
131 Varick St.
New York, NY 10013
The Contest Sponsor reserves the right to prosecute and seek damages against any individual who attempts to deliberately undermine the proper operation of the Contest in violation of these Official Rules and/or criminal and/or civil law.
Copyright 2012 Cut On Your Bias, Inc. All rights reserved. Cut On Your Bias and the associated logos are trademarks of Cut On Your Bias. Any other trademarks in these Official Rules are used for prize identification purposes ONLY and are the properties of their respective owners.
TERMS & CONDITIONS
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Authority to Use
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Cut On Your Bias Referral Credits
Cut On Your Bias may provide members referral credits when members invite their friends to join Cut On Your Bias ("Referral Credits"). Referral Credits may be awarded to the referrer when a friend who was referred by that user makes her first purchase, and her first purchase only.
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We reserve the right to take appropriate action against any user for any unauthorized use of the Website, including civil, criminal and injunctive redress and the termination of any user’s use of the Website. Any use of the Website and our computer systems not authorized by these Terms is a violation of these Terms and certain federal and state laws, including the Computer Fraud and Abuse Act.
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Modification of These Terms
We reserve the right to amend these Terms at any time by posting such amended Terms to the Website. The top of the Terms will indicate the date that revisions were last made. No other notification may be made to you about any amendments. YOU ACKNOWLEDGE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING SUCH AMENDMENTS WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH AMENDMENTS, REGARDLESS OF WHETHER YOU HAVE ACTUALLY READ THEM.
Indemnification and Release
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If you are a California resident, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Disclaimer of Warranties and Limitations of Liabilities
READ THIS SECTION CAREFULLY AS IT LIMITS OUR LIABILITY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Website may contain links to third-party websites which are completely independent of us. We assume no responsibility for the content, privacy policies, or practices of and make no representation or warranty as to the accuracy, completeness or authenticity of information contained in any third party websites. We have no right or ability to edit the content of any third party websites. You acknowledge that we shall not be liable for any and all liability arising from your use of any third party websites.
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Choice of Law and Venue
To the maximum extent permitted by law, these Terms as well as any claim, cause of action, or dispute that may arise between you and us, are governed by the laws of the State of New York without regard to conflict of law provisions. FOR ANY CLAIM BROUGHT BY EITHER PARTY, YOU AGREE TO SUBMIT AND CONSENT TO THE PERSONAL AND EXCLUSIVE JURISDICTION IN, AND THE EXCLUSIVE VENUE OF, THE STATE AND FEDERAL COURTS LOCATED WITHIN NEW YORK, NEW YORK, USA.
(a) These Terms, as amended from time to time, constitute the entire agreement between you and us and supersede all prior agreements between you and us and may not be modified without our written consent.
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(d) Nothing herein is intended, nor will be deemed to confer rights or remedies upon any third party.
(e) These Terms are not assignable, transferable or sublicensable by you except with our prior written consent, but may be assigned or transferred by us without restriction.
(f) You agree that we may provide you with notices by e-mail, regular mail, or postings to the Website.
(g) The section titles in these Terms are for convenience only and have no legal or contractual effect.
(h) As used in these Terms, the term “including” is illustrative and not limitative.
If you have any questions about these Terms & Conditions, please contact us at:
Cut On Your Bias
131 Varick Street, Suite 939
New York, NY 10013
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