#SummerSunnies Instagram Contest Official Rules

www.dvf.com

Updated: June 13, 2013

NO PURCHASE OR PAYMENT NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility

#SummerSunnies Instagram Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years old at the time of entry. Void where prohibited by law. Employees of DVF Studio, LLC or any of its respective affiliates, subsidiaries, advertising agencies, or any other company or individual involved with the design, production execution or distribution of the Contest and their immediate family (spouse, parents and step-parents, siblings and step-siblings, and children and step-children) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Contest is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor

DVF Studio, LLC, 440 W. 14th Street, New York, NY 10014.

3. Contest Submission Period

The Contest submission period is from June 17, 2013 at 12:00 a.m. Eastern Time (“ET”) to July 31, 2013 at 11:59 p.m. ET (the “Contest Submission Period”). Sponsor is the official time keeper for this Contest.

4. How to Enter

During the Contest Submission Period you can enter by posting a picture to your Instagram account with the hashtag #SUMMERSUNNIES and handle @DVF in the comment. The picture should be in the vein of a sunny summer day (a “Photo”). By submitting a Photo along with the hashtag # SUMMERSUNNIES and handle @DVF, you are indicating that you have read, understand and fully agree to these official rules. In order to enter your Instagram account must be public. Sponsor is not responsible for lost, late, incomplete, invalid, or misdirected submissions, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the Instagram account will be deemed to be the entrant. The “authorized account holder” is the natural person assigned the Instagram account by an Instagram. Potential winner may be required to show proof of being the authorized account holder. To be eligible for the Contest, Photos must be submitted in compliance with the format and other requirements set forth on the website where persons may submit entries/photos (that is, Instagram); such requirements being made a part of these Official Rules and incorporated herein by reference.

Limit ten (10) Photos per person per day during the Contest Submission Period. Do not submit the same photo more than once.

Each photo must meet all of the following requirements or it will be disqualified:

  • Photo must be original, the sole property of submitter and not previously submitted in any other contest or promotion.
  • Photo must not include stock photography.
  • Photo must not incorporate/prominently display any third-party brands or trademarks other than that of the Sponsor.
  • Photo must not violate any third-party rights, including copyright and right of publicity.
  • Photo must not contain material which is (or promote activities which are) sexually explicit, obscene, pornographic, violent, self-mutilating or the mutilating of animals, discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal, offensive, threatening, profane, or harassing, or otherwise unsuitable content as determined by Sponsor in its sole discretion. Photos containing such content will be disqualified immediately.

Sponsor, in its sole direction, reserves the right to disqualify any Photo that does not meet these requirements.

5. Terms of Submission

By submitting a Photo you agree Sponsor has the unrestricted right to use your Photo, commercially or non-commercially, including the worldwide right to publish and display Photos in any media for advertising and publicity, all without additional review or compensation. By entering, you represent and warrant that (i) your entire Photo is an original work by you and you have not copied or used other works in your Photo without permission or right to do so; (ii) no person, other than you has any right, title or interest in any part of your Photo; (iii) your Photo will not infringe or violate any rights of any third party or entity, including, without limitation, trade secret, copyright and trademark, defamation, privacy and publicity, false light, idea misappropriation or any contractual rights; (iv) you have all the rights, licenses, permissions and consents necessary to submit the Photo in accordance with these official rules. You understand that Sponsor reserves the right to disqualify or refuse to post any Photo at any time for any reason at its sole discretion. BY SUBMITTING THE PHOTO, THE ENTRANT REPRESENTS AND WARRANTS THAT HE/SHE HAS ALL RIGHT, TITLE AND INTEREST NECESSARY TO GRANT THE SPONSOR THE WORLDWIDE, IRREVOCABLE AND UNRESTRICTED RIGHT AND LICENSE TO ADAPT, PUBLISH, USE, EDIT, AND/OR MODIFY SUCH PHOTO IN ANY WAY AND POST THE PHOTO ON THE INTERNET OR USE THE PHOTO IN ANY OTHER WAY AND AGREES TO INDEMNIFY AND HOLD SPONSOR HARMLESS FROM ANY CLAIMS TO THE CONTRARY.

6. Winner Selection

On or about August 1, 2013 Sponsor or an independent judging agency will select one (1) Photo that best represents the vein of a sunny summer day for the grand prize described below. The judges' decisions in all matters are final and binding. The selected entrant will be contacted at his/her Instagram page via a comment from the Sponsor made on the image that was entered to win. Potential winner must follow the prize claim instructions provided as part of the initial Instagram notification and any subsequent claim instructions or prize will be forfeited in its entirety. It is recommended that you confirm your Instagram notification settings are turned on. Sponsor’s decisions as to the administration and operation of the Contest and the selection of the potential winner is final and binding in all matters related to the Contest. Sponsor will make the posting that advises who the potential winner is on or about August 1, 2013. Failure to respond to the initial notification within five (5) days will result in disqualification. Odds of winning a prize depend on the number of eligible entries received during the Contest Submission Period and the quality of the submissions.

7. THE POTENTIAL CONTEST WINNER IS SUBJECT TO VERIFICATION BY SPONSOR WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST.

8. Verification of Potential Winner

The potential prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential grand prize winner will be required to sign and return to Sponsor, within five (5) days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize if applicable. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release within the required time period (if applicable), or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Contest prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by determining which Photo next had the highest score.

9. Grand Prize

One (1) grand prize will be awarded. Grand prize winner will receive the following prize package: DVF sunglasses, DVF dress, DVF handbag and DVF sandals. Sponsor in its sole discretion shall determine they style and color for each item in the prize package. Approximate retail value of the grand prize is $1,325.00. No cash equivalent for the prize, prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use.

10. Entry Conditions and Release

By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor which are binding and final in all matters relating to this Contest; (b) release and hold harmless the Sponsor, Instagram and their respective parent, subsidiary, and affiliated companies, the prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Sponsor from and against any and all claims, expenses, and liabilities (including reasonable attorneys fees) arising out of or relating to an entrant’s participation in the Contest and/or entrant’s acceptance, use or misuse of prize.

11. Publicity

Except where prohibited, participation in the Contest constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.

12. General Conditions

Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

13. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error which may occur in the administration of the Contest or the processing of Entries; or (e) 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. If for any reason an entrant’s Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another Photo in the Contest. No more than the stated number of prizes will be awarded.

14. Disputes

Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, other than those concerning the administration of the Contest or the determination of winners, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in the New York County, New York; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the 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 (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.

15. Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor’s Privacy Policy which is available at http://www.dvf.com/privacy-policy.html.

16. Contest Results

For Contest results send a hand-printed, self-addressed, stamped envelope to Winners List – #SummerSunnies Instagram Contest c/o DVF Studio, LLC, 440 W. 14th Street, New York, NY 10014. Requests for the winner list must be received by September 15, 2013.

This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.