Lily White’s Fashion Forecaster Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN IN THE Lily White’s Fashion Forecaster (“Sweepstakes”).
Entry into this Sweep stakes constitutes your acceptance of these Official Rules.
SWEEP STAKES ENTRY DATES:
Sweep stakes begins December 24, 2011 at 12:00 p.m. Pacific Standard Time (“PST”) and ends April 31st 2012 (“Sweep stakes Entry Period”).
WHO MAY ENTER:
Open only to legal residents of the fifty (50) United States and District of Columbia (excluding residents of Puerto Rico, U.S. Virgin Islands and Guam) who are at least eighteen (18) years old at time of entry. Void where prohibited by law. Sweep stakes 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 Sweep stakes. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify eligibility qualifications of the winners. Sweep stakes is subject to all applicable federal, state, provincial and local laws.
SWEEP STAKES ENTRY/OBJECTIVE:
The objective of the Sweep stakes is to Forecast what clothes will be in Lily White’s next collection (your “Entry”).
HOW TO ENTER:
To enter, visit www.facebook.com/lilywhiteclothing and go to the Win Spring Wardrobe application (“Sweep stakes Web Site”). During the sweep stakes Entry Period, follow the direction provided therein to enter any required information on the sweep stakes entry form on the sweep stakes Web Site and submit your Entry. All Entries must be received before March 31st 2012. To enter, you must “Like” the sweep stakes Web Site to gain access to the sweep stakes entry form during the sweep stakes Entry Period. No purchase necessary. Any Entry that does not include all required information and adhere to the foregoing and following requirements will be considered void and will not be considered in the judging of this sweep stakes.
This sweep stakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used for the administration of this Sweep stakes and in accordance with these Official Rules.
CONDITIONS OF ENTRY:
Your Entry will be based on the percentage of selections you get correct. Winners will be selected based on the Judging Criteria (as defined below).
Limit two (2) Entries per person for the entire Sweep stakes Entry Period. Entries received from any person or e-mail address in excess of the stated limitation will be void. Entries generated by script, macro or other automated means or with the intent to subvert the entry process are void.
All Entries become the property of Sponsor and will not be acknowledged or returned.
Participant warrants and represents: (a) he/she is the sole and exclusive creator and owner of the Entry, including all rights therein, and that the Entry has not won any previous awards or competitions; (b) Participant has the full and exclusive right, power and authority to submit the Entry and to grant Sponsor the rights to the Entry, including but not limited to the worldwide copyright; (c) no part of the Entry has been published, or; (d) no rights in the Entry have been previously granted to any person, firm, corporation or other entity. Sponsor reserves the right in their sole discretion to disqualify any Entry at any time in the event it is determined that the Entry is offensive, inappropriate, not in keeping with Sponsor’s images or if it is determined that the Sweep participant has not otherwise complied with these Official Rules. If the Entry contains any material or elements that are not owned by the Sweepstakes participant and/or which are subject to the rights of third parties, the Sweepstakes participant is responsible for obtaining, prior to Entry of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any participant at any time.
Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion.
(a) Sweep stakes Prize Winners: The judging for each Prize Tier (as defined below) will begin within three (3) days after April 31st 2012 (each, a “Judging Round”) as follows:
|Judging Round||No. of winners|
All eligible Entries received during the sweep stakes Entry Period will be judged by a select panel of Sponsor’s employees who will serve as judges for each Judging Round to determine the winning Entries for each Prize Tier (“Winners”). The judging will be randomly selected from the participants with the highest percentage scores which shall be determined at the judges’ discretion and criteria (“Judging Criteria”). In the event of a tie, an additional “tie-breaking” judge will determine the Winner(s) from among such tied Entries based on the Judging Criteria. Sponsor reserves the right to select fewer than the number of Winners designated for each Prize Tier if, in its sole discretion, it does not receive a sufficient number of eligible and qualified Entries. Additional Prize Winners: Sponsor, in its sole discretion, may award additional prizes.
(b) Additional Prizes: Sponsor, in its sole discretion, may award additional prizes (“Additional Prizes”) at any time during the Sweep stakes Entry Period. Sweepstakes participants who have completed and submitted eligible Entries during the Sweep stakes Entry Period are eligible to win the Additional Prizes and will be automatically entered into the drawings for the Additional Prizes. Potential Winners will be selected in random drawings during the Sweep stakes Entry Period from all eligible Entries received. Odds of winning depend on the number of eligible Entries received prior to the applicable drawing.
Judges’ and Sponsor’s decisions are final and binding.
Winners will be announced within three (3) business days after a random drawing is held or the completion of a Judging Round. Potential Winners will each be notified by e-mail, phone and/or mail and may be required to execute and return an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit/Release”) as well as any other documents which may be required by Sponsor, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. If after three (3) attempts to contact a potential Winner, Sponsor has been unable to do so, he/she will be disqualified. If a potential Winner is eligible but considered a minor in his or her state of permanent residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be required to execute and return the Affidavit/Release and all other required documents on such Winner’s behalf as well as comply with any other requirements imposed on Winner set forth herein. In the event it is determined that a potential Winner has not complied with these Official Rules, has failed to execute and return any required documents within the specified time period, has made false statements or prize notification is returned as undeliverable, then potential Winner will be disqualified. Should a Winner make any false statement(s) in any document required by Sponsor or prize supplier, such winner will be disqualified and required to promptly return to Sponsor the value of his/her prize. If a potential Winner is disqualified for any reason, or if a potential Winner refuses their prize, at Sponsor’s discretion, the prize may be awarded to an alternate Winner. Further, Sponsor reserves the right to forfeit or award any unclaimed or leftover prizes at its sole discretion.
PRIZES: There are exactly 131 prizes available to be won in this Sweep stakes as follows:
(a) Sweep stakes Prizes: The following prizes shall be awarded in the following tiers (each, a “Prize Tier”) as the Sweep stakes Web Site reaches a certain number of Facebook fans:
|No. of Facebook Fans||Prizes||Quantity|| Approximate
|3rd place||One piece of clothing from the Lily White Spring 2012 collection.||100||$35|
|2nd place||3 outfits, six pieces of clothing from the Lily White Spring 2012 collection.||10||$210|
|1st place||30 outfits, sixty pieces of clothing from the Lily White Spring 2012 collection.||1||$2100|
(b) Additional Prizes: Sponsor shall award the following Additional Prizes during the Sweep stakes Entry Period:
|Additional one piece of clothing from the Lily White Spring 2012 collection.||25||$875|
Total approximate retail value of all prizes = US$29,575.
All prizes are awarded by Sponsor. All prize details are at Sponsor’s sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Winners are solely responsible for all federal, state and local taxes (including income and withholding taxes) and any other expenses, costs or fees associated with acceptance and/or use of the prizes not specified herein as being awarded. Winners may not substitute, assign or transfer prizes or redeem prizes for cash, but Sponsor reserves the right, at its sole discretion, to substitute a prize (or any portion thereof) with one of comparable or greater value. An individual may only win one-time over the course of the Sweep stakes stakes. Neither Sponsor nor its agencies are responsible for lost, late, stolen, misdirected, delayed or damaged prizes. Additional restrictions may apply.
Winning constitutes permission (except where prohibited by law) for Sponsor and its designees to use winner’s name, Entry, hometown, likeness, prize won, and photo and video (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification or permission. Sweep stakes stakes parties and their respective officers, directors, agents, representatives and employees (collectively, “”Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed Entries or votes; all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Sweep stakes stakes-related information or materials from the web site or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, programs, applications, phone lines, failure of any Entry or vote to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the web site, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit a sweep stakes participant’s ability to participate in this Sweep stakes stakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweep stakes stakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweep stakes stakes, the processing or judging of Entries, the submitting or tabulating of votes, the announcement of the prizes or in any Sweep stakes stakes-related materials. Mass Entries or votes or Entries or votes generated by a script, macro or use of automated devices may, at Sponsor’s sole discretion, be disqualified. Sponsor reserves the right to modify, suspend or terminate the Sweep stakes stakes in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Sweep stakes stakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweep stakes stakes and, if terminated, at Sponsor’s discretion, determine the winner using all non-suspect, eligible Entries received up to time of cancellation using the judging procedure outlined above. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of Entry will be deemed to be the sweep stakes participant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual (and void his/her Entry and vote) it finds to be tampering with the Entry or voting process or the operation of this Sweep stakes or website, intending to annoy, abuse, threaten or harass any other sweep stakes participant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules. CAUTION: Any attempt by a sweep stakes participant to deliberately damage any web site or undermine the legitimate operations of the Sweep stakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages and other such remedies from any such sweep stakes participant to the fullest extent permitted by law and to disqualify such sweep stakes participant from the Sweep stakes stakes.
ASSIGNMENT OF RIGHTS:
Sweep stakes participant hereby acknowledges that Entry and all other materials of every kind whatsoever created by sweep stakes participant relating to the Sweep stakes stakes (collectively, the “Work”) are a “work made for hire” (as that term is used in the United States Copyright Act) for Sponsor, and Sponsor is the sole and exclusive owner, in perpetuity and throughout the universe, of all right, title and interest in and to the Work, including without limitation all copyrights in and to the Work (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto, and may exploit the Work (and all rights therein) in any manner throughout the world without restriction. Without limiting the binding effect of any of the foregoing provisions, in the event that any part of the Work is not deemed to be a “work made for hire” for Sponsor, then sweep stakes participant hereby irrevocably and exclusively grants and assigns to Sponsor (or, if any applicable law prohibits or restricts such assignment, sweep stakes participant hereby grants to Sponsor an irrevocable, perpetual, royalty-free, transferable license of) unlimited right, title and interest in and to such Work, including, without limitation, all rights of every kind and nature (whether now known or hereafter devised, including all copyrights therein and thereto and all renewals and extensions thereof), throughout the universe, in perpetuity, for all purposes, in any and all media, whether now known or hereafter devised. By submitting an Entry, sweep stakes participant acknowledges and agrees that Sponsor may obtain many submissions under this Sweep stakes and that such Entries may be similar or identical in theme, idea, format or other respects to others submitted under this Sweep stakes and/or other sweep stakes staged and/or sponsored by the Sponsor, and waive any and all claims sweep stakes participant may have had, may have, and/or may have in the future, that any composition, film and/or other works accepted, reviewed and/or used by the Sponsor (or its designees) may be similar to his/her Entry. Sweep stakes participant acknowledges and agrees that the Sponsor does not have now, nor shall any of them have in the future, any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of any copyright in and to sweep stakes participant’s Entry.
By participating in the Sweep stakes stakes, sweep stakes participants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Sweep stakes stakes. Failure to comply with these Official Rules may result in disqualification from the Sweep stakes stakes. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules and void all associated Entries and/or votes.
By entering the Sweep stakes stakes, sweep stakes participants agree to release and hold harmless Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Sweep stakes stakes, or acceptance or use of the prize, the substitution of a prize in accordance with these Official Rules, the administration of the Sweep stakes stakes, the operation of the website or Released Parties’ use of any of the rights granted herein. Released Parties assume no responsibility for the conduct of any sweep stakes participant or voter or the responses of anyone appearing in any Entry.
ARBITRATION AND CHOICE OF LAW:
Except where prohibited by law, as a condition of participating in this Sweep stakes stakes, sweep stakes participant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweep stakes stakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the sweep stakes participant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will sweep stakes participant be permitted to obtain awards for, and sweep stakes participant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than sweep stakes participant’s actual out-of-pocket expenses (i.e., costs associated with entering this Sweep stakes stakes), and sweep stakes participant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of sweep stakes participants and Sponsor in connection with this Sweep stakes stakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.
If you would like the names of the winners (available sixty (60) days after the Sweep stakes stakes Entry Period), please send a self-addressed stamped envelope to:
Secret Charm LLC, 1437 E 20th Street, Los Angeles, CA 90011 ATTN: Marketing Department
SPONSOR: Secret Charm LLC, 1437 E 20th Street, Los Angeles, CA 90011 (213) 742-7744