Official Contest Rules

1. DESCRIPTION: NO PURCHASE NECESSARY TO ENTER OR WIN. The “Emma Approved ModCloth Contest” (the “Contest”) submission period begins at 12:01 PM Pacific Time on Wednesday, July 30, 2014 and ends at 11:59 PM Pacific Time on Thursday, August 14, 2014 (the “Submission Period”). Following the Submission Period, Contestants will be judged by the Emma Approved production team, and a winner will be determined by the Emma Approved production team in their discretion amongst those entries that have adhered to these Official Contest Rules, taking into account the Judging Criteria as detailed in Section 4 of these Official Contest Rules.

2. ELIGIBILITY: The Contest is open to all persons (“Contestants”) who are legal residents of the United States, and internationally where permitted by local laws, and at least 18 years of age at time of entry submission (or with parental consent of parent or guardian if under the age of 18, proof of which will be required prior to receiving the Grand Prize). Contestants must have internet access as of July 30, 2014. Current full time employees of the Pemberley Digital and their respective distributors, affiliates, subsidiaries, advertising and promotion agencies, and the immediate family members of such employee (parent, child, sibling, spouse) and persons living in the same household of such employees (whether related or not) are not eligible to win. Void where prohibited.

3. HOW TO ENTER: To enter, visit the Contest web site during the Submission Period at http://pbly.co/EAcontest (the “Contest Page”). Follow the on-screen instructions and complete the entry form by providing all of the information requested. Entrants must upload photo(s) to ModCloth’s Style Gallery and share a link to that uploaded photo in the comments section of the Contest Page, in accordance with the following guidelines: (i) upload a photo that captures you in your “Make You Life Better” look at http://modcloth.com/style-gallery (entrants must join ModCloth in order to create a style gallery); (ii) share the link to your style gallery photo the comments section of the Contest Page, including a brief description of you “Make Your Life Better” look. All material uploaded must conform to ModCloth’s Community Guidelines http://www.modcloth.com/help/community_guidelines#photo-submission. There is no requirement that any ModCloth products be linked to in your submission, and will not be a factor considered by the Judges. Entry is not complete until entrant has uploaded and attached a valid photo by following the prompts to upload and attach the photo to the style gallery and posted the aforementioned comment in the comments section of the Contest Page. All entries must be received and complete by 11:59 PM Pacific Time on August 14, 2014. There is no limit on the number of entries per person for the duration of the Submission Period, provided that only photos featuring unique outfits will be considered if multiple entries are submitted by the same entrant. The name of the person submitting the email address upon Contest entry must be the name of the person who registered on the Contest Page with such email address and the authorized account holder of such email address, otherwise, the entry may be deemed void. It is the sole responsibility of the Contestant to notify the Emma Approved production team in writing if the entrant changes his or her e-mail, postal address or phone number during the Submission Period. To do so, go to the Contest Page and follow the instructions on how to update your profile.   Entrants must provide all information requested to be eligible to win. Incomplete, unreadable, or unintelligible entries will be disqualified.

Proof of emailing does not constitute proof of delivery or entry. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any script, macro or bot) will be disqualified and transmissions from these or related email or IP addresses may be blocked.

All tangible and digital Material submitted will become the property of the Pemberley Digital, LLC and will not be returned. “Material” includes to the extent applicable (a) any information and material submitted by you in connection with the Contest; (b) your name, likeness, voice, and image as contained therein; and (c) all photographs, recordings, audiovisual materials, writings, statements, and quotations of or by you and furnished to the Emma Approved production team by you. Do not submit any Material of anyone other than yourself. By submitting Material, you represent and warrant that (i) the Material is wholly original and does not infringe upon or otherwise violate any right of any third party, (ii) you have all rights necessary to submit the Material in the Contest in accordance with these Official Rules, and (iii) no party other than you has any right, title or interest in and to the Material or any part of the Material. Material must not contain nudity, unlawful acts or other material deemed unacceptable by the judges. By entering the Contest, you grant Pemberley Digital, LLC, ModCloth, and their respective parents, subsidiaries, successors, licensees, assigns and distributors a perpetual, fully-paid, irrevocable, non-exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, televise, digitize, change, modify, otherwise use, and permit others to use and perform throughout the world the Material 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 Pemberley Digital, LLC, ModCloth and their services, all without further consent from or payment to you. You agree that neither Pemberley Digital, LLC, nor ModCloth have any obligation to post your Material on the Contest Page, exhibit your Material on online or in any other media, perform your Material at any events, or exhibit video footage of your Material at any events. You understand, acknowledge and agree that your name, voice, likeness and your Materials may be used in any manner provided for herein by Pemberley Digital, LLC, and ModCloth, including without limitation, exhibited on the Contest Page in connection with Contest.

4. JUDGING CRITERIA AND WINNER NOTIFICATION: All Materials submitted during the Submission Period will be judged by the Emma Approved production team (the “Judges”). Judging will be based on the following criteria: Creativity (33.34%), Delivery and Execution (33.33%), and Originality (33.33%). The Judges will review the submissions and choose a grand prize winner. All decisions of the Judges are final. The grand prize winner will be notified by e-mail, telephone and/or overnight mail on or about 12:00 PM Pacific Time on Friday, August 19, 2014, and will be required to respond (as directed) to the notification attempt within five (5) days. The failure to respond timely to the notification may result in forfeiture of participation in the Contest and, in such case the Judges will select an alternate Contestant as the grand prize winner from among all remaining entries submitted.

5. GRAND PRIZE (1 total): One (1) Grand Prize Winner will receive a One Hundred and Fifty Dollar (US $150) ModCloth gift card, and will be featured in an Emma Approved blog post. The Grand Prize Winner will be responsible for any and all federal, state and/or local taxes (if any) resulting from acceptance of the any and all prizes associated with this Contest. The Grand Prize Winner cannot assign or transfer the prize to another person. No prize substitution or changes are allowed except at the discretion of Pemberley Digital, LLC. All prizes will be awarded. If a prize cannot be awarded due to circumstances beyond the control of Pemberley Digital, LLC, a substitute prize of equal or greater retail value may be awarded; provided, however, that if prizes are awarded but unclaimed/forfeited by recipient, a prize may not be re-awarded, as determined by Pemberley Digital, LLC in its sole discretion. Other restrictions may apply. Limit one prize per person, per household.

6. CONDITIONS OF PARTICIPATION/RELEASES: Contest is void where prohibited or restricted by law. All federal, state and local laws and regulations apply. By participating, entrants agree to be bound by these Official Contest Rules and the decisions of the Judges, which shall be final and binding in all respects. By participating in this Contest and/or by accepting any prize, entrants agree to release Pemberley Digital, LLC, ModCloth, and their parent, subsidiary and affiliated companies, units and divisions and advertising and promotional agencies and prize suppliers and each of their respective officers, directors, agents, representatives and employees; and each of these companies and individuals’ respective successors, representatives and assigns (collectively, the “Released Parties”) from any and all actions, claims, injury, loss or damage arising in any manner, directly or indirectly, from participation in this Contest and/or acceptance or use of the prize. Entrants authorize the Released Parties to use their name, voice, likeness, biographical data, city and state of residence and entry materials in programming or promotional material, worldwide in perpetuity, or on a winner’s list, if applicable, without further compensation unless prohibited by law. The Released Parties shall not be liable for: (i) late, lost, delayed, stolen, misdirected, postage-due, incomplete unreadable, inaccurate, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission; (ii) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses or damages of any kind caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (v) any printing, typographical, administrative or technological errors in any materials associated with the Contest. Pemberley Digital, LLC disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest, and reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond their control, corrupt the administration, security or proper play of the Contest. Pemberley Digital, LLC may prohibit you from participating in the Contest or winning a prize if, in its sole discretion, they determine you are attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Contestants or Pemberley Digital, LLC representatives. This Contest will be governed by the internal laws of the State of California. Any and all legal actions or claims arising in connection with this Contest must be brought in a court of competent jurisdiction within the United States. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE CONTEST. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. You agree that your sole remedy in the event of any breach of default by any of the Released Parties shall be an action at law against the applicable party to recover monetary damages (but not punitive, indirect, special, incidental or consequential damages), if any, actually suffered. In no event shall you have the right to injunctive relief or to enjoin or restrain or otherwise interfere with the distribution, exhibition or any other exploitation or use the Material.

7. GENERAL: No substitution of prize is offered, no transfer of prize to a third party is permitted and non-cash prizes may not be redeemed for cash value, except as determined by the Pemberley Digital, LLC in its sole discretion.   Any difference between stated approximate value of prize and actual value of prize will not be awarded. Prize winners will be solely responsible for all applicable federal, state and local taxes on prize. Winners may receive an IRS Form 1099 for the retail value of the prize.

8. Winner List: For the list of prize winners, available after August 19, 2014, or a copy of these official rules, mail a self-addressed, stamped envelope to: Pemberley Digital, LLC, 1728 Olympic Blvd., Santa Monica, CA 90404.

 

 

 

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