Official Rules
THIS IS A DRESS DESIGN CONTEST IN WHICH ENTRANTS COMPETE BY SUBMITTING THEIR OWN DESIGNS FOR PROM DRESSES. THE CONTEST BEGINS JANUARY 4, 2008 AT 12:01 AM EASTERN STANDARD TIME AND ENDS JANUARY 29, 2008 AT 11:59 PM EASTERN STANDARD TIME (“CONTEST PERIOD”). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY AND MEMBERS OF ALLOY.COM. ENTRANTS UNDER THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE SHOULD GET PERMISSION FROM THEIR PARENTS OR GUARDIANS TO ENTER THE CONTEST. VOID IN PUERTO RICO, GUAM, THE U.S. VIRGIN ISLANDS, AND WHERE PROHIBITED BY LAW.
Sponsor: Alloy Media + Marketing (“Alloy”) is the sole sponsor and the administrator of the Contest and is responsible for the collection, and processing of entries and the overall administration of the Contest. Entrants should look solely to Alloy at 151 West 26th Street, New York, NY 10001 (“Contest Address”) with any questions, comments or problems related to the Contest.
1. Online Entry: To enter the Contest complete the official registration page located at www.alloy.com/promnight (the “Contest Site”). There is no charge to become a member of Alloy. Through on-screen instructions you will be asked to provide your first and last name, mailing address, date of birth, telephone number, email address and a photograph or scan file of your dress design. By submitting your design you promise that: i) your design was done by you , ii) your design is original and not copied in whole or in part from any other work, iii) your design does not violate the copyright or other right of any other person or company and iv) you meet all the eligibility requirements and will not do anything that would disqualify you from this Contest.
Limitation: You can only submit one design for consideration. Additional designs/attempted entries will be disregarded. All digital images of the submitted designs (each, a “Digital Image”) - but not the designs themselves - become the property of Alloy and will not be returned. This Contest is open to design amateurs and hobbyists. Professional (active and retired) apparel designers are not eligible to enter the Contest. For purposes of this Contest, a design amateur or hobbyist is a person who a) is not or was not a professional apparel designer and b) has not, within the twenty four (24) month period prior to the start of this Contest, received any compensation for designing apparel.
By entering this Contest, you (or if you are a minor, you and your parent or legal guardian) consent to the display of your submitted Digital Image in whole or in part, in any and all media, including the internet, throughout the world and with no time limit in connection with the Contest and its advertising and promotion.
2. Restrictions: Employees (and employees’ immediate family or household members) of Alloy, its licensors, prize suppliers associated with the Contest, and the foregoing entities’ parents, affiliates, subsidiaries, suppliers, printers, distributors, advertising and promotional agencies (collectively, the “Contest Entities”) are not eligible to participate.
3. Privacy: By entering into the Contest, you (and if you are a minor, you and your parent or legal guardian) agree to Alloy’s use of any personal information as described in its Privacy Statement at http://store.alloy.com/content/help/jsp/privacy.jsp.
4. Winner Selection: All eligible entries received by the end of the submission period on January 29, 2008 will be judged by a panel of qualified judges selected by Alloy. Entrants will be judged on the basis of the following criteria: Originality (33%), Practicality of Commercially Reasonable Manufacture and Wearability (33%), and Clarity and Quality of Presentation (33%). The judges will choose up to twenty (25) finalists and such finalists will be contacted by Alloy for confirmation of entry. The finalists’s Digital Images will be posted at www.alloy.com/promnight from February 7, 2008 through February 18, 2008 to be voted on by online visitors to alloy.com applying the same judging criteria used by the judges. The Digital Image garnering the most votes in compliance with these Official Rules, as such votes are tallied by Alloy, will be declared the potential winner of the Contest.
The potential winner will be notified by email or telephone primarily between the hours of 9:00AM (Eastern Time) and 7:00 P.M. (Eastern Time on February 20, 2008. Alloy reserves the right to contact the potential at such other hours and means as reasonably required. The winner (and/or his or her parent or legal guardian if the winner is a minor) must accept the Prize within five (5) business days of notification and sign and return an affidavit of eligibility and release of liability within five (5) days of receipt utilizing the pre-paid courier form provided by Alloy. Any winner notification not responded to or returned as undeliverable may result in prize forfeiture. In the event of non-compliance within this time period and execution of documentation requirements or if the prize is returned, refused, or returned as undeliverable, then the prize will be forfeited, and Alloy may, in its sole discretion, award the prize to the entrant who submitted the Digital Image that garnered the next highest number of votes, subject to the new selectee’s compliance with these Official Rules. No substitution or transfer of a prize is permitted except by Alloy. After the potential winner’s eligibility is verified and subject to the potential winner’s otherwise compliance with these Official Rules (including the timely execution and delivery of all required documentation), the winner will be announced on www.alloy.com/promnight on February 25, 2008.
5. One (1) Grand Prize: The Grand Prize consists of two components, as more fully described below: (i) the making of an actual dress based on the winning design, and a trip for the winner and a guest to the premiere of the movie “PROM NIGHT.”
The winner of the Contest will have his/her design reproduced as a single item of apparel (the “Dress”) by Precious Formals or such other company designated by Alloy. (“Dressmaker”) from the measurements and other information provided by the winner at the time of notification and as may be requested by Dressmaker thereafter. The Dressmaker shall have the right to alter the design or substitute fabric or materials as necessary in Dressmaker’s discretion. None of the Contest Entities make any warranties regarding the the fit of the Dress, and winner shall be responsible for any further or necessary alterations to the Dress after delivery to the winner. Approximate Retail Value (“ARV”) of Dress: $500.00. If circumstances beyond Alloy’s or Dressmaker’s control prevent the Dress from being capable of being delivered to the winner before the premier of the film as set forth below, then the winner will be provided with an alternate dress of equal or greater value from the existing Dressmaker collection, in full satisfaction of the Dress portion of the Grand Prize.
In addition, the winner will be awarded a trip for the winner and a guest to attend the premiere and after party of the film “Prom Night.” The trip prize segment consist of round trip coach air transportation from major airport nearest prize winner’s place of residence, hotel accommodations (double occupancy) for two (2) nights, ground transportation to and from the airport to the hotel and to and from the hotel and the premiere location. All additional expenses associated with the Grand Prize including but not limited to incidentals, meals, federal, state and local sales or other taxes and surcharges are the responsibility of the winner, unless otherwise set forth in the Official Rules. Any minor participating in the prize package must be accompanied by parent or legal guardian for the entire trip. If the winner is 21 years of age or older, his/her guest may be of any age, however, if his/her guest is not of the age of consent in the guest’s state of residence, such guest’s parent or legal guardian must provide written permission to accompany prize winner. Reservations and airline tickets are non-refundable for cash or credit, non-transferable and non-changeable once issued, except by Alloy. If lost, tickets will not be replaced. Approximate Retail Value of Trip Portion of the Grand Prize (“ARV”) $2,500.00.
If the winner, at the time he or she is notified that his/her Digital Image was selected as the potential winning entry, advises Alloy that the winner wishes to wear the Dress to the premiere or wishes to have the winner’s guest wear the Dress to the premiere, Alloy will exercise best faith efforts to arrange for the Dress to be timely delivered to the winner for that purpose, but no such delivery is guaranteed.
TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $3,000.00
Alloy reserves the right in its sole and absolute discretion to award a substitute prize of equal or greater value if a prize described in these Official Rules is unavailable or cannot be awarded, in whole or in part, for any reason. The ARV of the prizes represents Alloy’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated ARV, the difference will not be awarded in cash.
6. General Conditions: The Contest is governed by the laws of the United States and the State of New York without giving effect to the conflict of laws or rules thereof. In the event of a dispute, all actions shall be heard by the state or federal courts located in the State of New York without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Contest, but in no event attorney’s fees. Entrants hereby waive all rights to have damages multiplied or otherwise increased. All federal, state and local laws and regulations apply. The Contest is not to be used in connection with any form of gambling. Prize will only be awarded and/or delivered to addresses within the United States. All taxes, fees, and surcharges are the sole responsibility of the prize winner. Failure to comply with the Official Rules will result in forfeiture of the prize. If prize is forfeited, the entrant garnering the highest number of votes will be awarded the Grand Prize. No more than the advertised number of prizes will be awarded.
Except where prohibited by law, the winner (or if the winner is a minor, his or her parent or legal guardian) grants (and agrees to confirm that grant in writing) permission for each of the Contest Entities to use such winner’s name, photograph, voice and/or likeness, and Digital Image entry (including the display, reproduction and distribution of the entry), in the Contest and for advertising and/or promotional purposes related to or referencing the Contest in all media and formats now known or hereafter discovered, worldwide and on the world wide web, without notice, review, approval, or additional compensation. Entrants (and if the entrants are minors, their parents or legal guardians) further agree that none of the Contest Entities (including each of their respective employees, agents, directors and officers) will have any liability whatsoever for, and that each of the Contest Entities (including each of their respective employees, agents, directors and officers) shall be indemnified and held harmless by entrants (and/or, if applicable, their parents or legal guardians) from , any and all claims or liability for any injuries, loss or damage of any kind to persons, including death, or to any of their rights (including, without limitation, any of their privacy, publicity or intellectual property rights) or property damage resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize (or component thereof), participation in this Contest, or while traveling to, preparing for or participating in any prize-related activity. The Contest Entities expressly disclaim any responsibility or liability for injury or loss to any person or property in connection with the delivery and/or subsequent use of any component of the prize.
7. Conduct: The Official Rules will be posted at the Contest Site throughout the Contest. Entrants further agree to be bound by the decisions of the judges, which are final and binding in all respects. Alloy reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of any of the Contest or any website; to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. CAUTION: ANY DELIBERATE ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, ALLOY RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. Limitations of Liability: Contest Entities are not responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error, which may occur in the processing of submissions in the Contest. Contest Entities assume no responsibility for any misdirected or lost mail, or any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Contest Entities are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to entrants’ or to any other person’s computer related to or resulting from participating or downloading materials in the Contest. If, for any reason, the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Alloy which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then Alloy reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest. In the event of a dispute concerning who registered online to participate in the Contest, the registration will be declared to have been made by the authorized account holder or the email address submitted at the time of registration. The authorized account holder is defined as the natural person who is assigned to an email address by an internet provider, online service provider, or other organization (e.g., business, education institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. A potential winner is the authorized account holder of the email address. If a dispute cannot be resolved to Alloy’s satisfaction, the entry will be deemed ineligible.
9. Winner’s List: To obtain a mailed copy of the names of the winner or a copy of the Official Rules by mail, send the applicable request and self-addressed, stamped, #10 envelope to Alloy at the Contest Address. Request must be received no later than August 1, 2008 for the name of the winner and by the end of the Contest for a copy of the rules.
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