lucy “Share Your Inspiration” Contest
NO PURCHASE NECESSARY. INTERNET ACCESS & E-MAIL ADDRESS REQUIRED.
The lucy “Share Your Inspiration” Contest (“Contest”) is open only to women, who are legal residents of the 50 United States or the District of Columbia and 18 or over, as of date of entry. Void where prohibited by law. Employees, officers and directors [and the immediate family members (parents, children, siblings, spouse) wherever they may live and others living in the same household (whether related or not) of such employees/officers/directors] of lucy activewear, inc. (“Sponsor”), its parent company, subsidiaries, affiliates, suppliers, and their advertising, promotion or production agencies, or other entities that manufacture women’s apparel products are not eligible to enter or win a prize.
1. CONTEST PERIOD. Contest starts on November 1, 2009 at or about 12:00:01 AM Pacific Time (“PT”) and ends on November 30, 2009 at 11:59:59 PM PT. Sponsor’s computer is the official clock for all purposes of the Contest, including determining the timeliness of Contest entries.
2. CONTEST THEME/SUBMISSION. Tell us what inspires your active lifestyle by writing an essay (you may also include a photo of yourself, if you wish) AND/OR by creating a video. Enter in either of the following two (2) ways:
a) by posting the essay or a link to the video [NOT THE VIDEO ITSELF]** on YouTube* (www.youtube.com) on the lucy “wall” on Facebook* (at www.facebook.com/lucy) OR
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b) by e-mailing the essay or a link to the video on YouTube*, along with your first name, to
inspiration@lucy.com
*{Entry effected by use of applications/functions available on Facebook or YouTube requires one to be a registered member of Facebook or YouTube, as appropriate. For both Facebook and YouTube, membership is available for free, but is subject to acceptance of the terms and conditions of use of the applicable web site. IT IS YOUR SOLE RESPONSIBILITY TO REVIEW AND COMPLY WITH SUCH TERMS AND CONDITIONS OF USE AND ANY OTHER WEB SITE POLICIES/PROCEDURES IF ENTERING BY USING THE APPLICATIONS/FUNCTIONS AVAILABLE ON FACEBOOK OR YOUTUBE. Neither Facebook, Inc. nor YouTube, LLC has sponsored, endorsed or authorized this Contest, lucy activewear, inc. or its products.}
**{Videos themselves will not be accepted due to file size/technological limitations.}
ALL ENTRIES MUST BE RECEIVED BY NOVEMBER 30, 2009 AT 11:59:59 PM PT. Limit one (1) essay entry and one (1) video entry per person/e-mail address.
3. RESTRICTIONS AS TO ESSAY/PHOTO/VIDEO.
(a) Essay. Essay must be entirely in the English language and no more than 420 characters (in the range of 70 to 84 words, based on assumption of each word being 5 to 6 characters long).*** Essay must be solely and completely the original work of entrant. COPYING THE WORK OF OTHERS IS PROHIBITED AS WELL. Essay must be truthful in all respects. ***{To determine exact length on essay in characters so as to comply with this limit, you may use free online programs that convert word counts to character counts and vice-versa.}
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b) Photo. Submission of photo is entirely optional and NOT required for essay entry; photo will NOT be considered in the judging of essays and is submitted solely for informational purposes. Photo must include only entrant herself and must be recent; i.e., taken within the past six (6) months. Photo must be in the form of a .jpg file and cannot exceed 5 MB. By submitting photo, you represent that you have all rights from the photographer in the photo (if photographer is not you).
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c) Video. Video must include only entrant herself and may feature an audio component. Video cannot exceed three (3) minutes in length. By submitting a link to a video, you represent that you have all rights from the videographer in the video (if videographer is not you).
(e) Restrictions – Posting of Essay/Photo/Video. Entrant releases and agrees to hold harmless Sponsor from any and all liability associated with posting essay/photo entry or a link to video entry on the lucy “wall”, including his/her express acknowledgment that (a) the essay/photo entry or link to video entry, as posted on lucy “wall”, may differ from the essay/photo entry or link to video entry as submitted and, in the case of the link to video entry, may not be fully functional at all times, due to technological limitations/malfunctions/errors or other cause; (b) Sponsor may accompany an essay/photo entry or link to video entry with comment/commentary in its sole discretion; (c) essay entry may be excerpted or edited by Sponsor in its sole discretion for spacing or other reasons; (d) essay/photo entries (and/or excerpts of essay entries) and links to video entries, may be displayed on lucy “wall” in any pattern, sequence or format, and such pattern/sequence/format may or may not be rotated or varied, in Sponsor’s sole discretion. Posting of an essay/photo entry or a link to a video entry on lucy “wall” does NOT constitute any representation by Sponsor that such entry is eligible for the Contest; and, if after such posting, Sponsor determines in its sole discretion that the entry is not in full compliance with these Official Rules or if the entrant is not eligible pursuant to these Official Rules, the entrant submitting such entry and link to entry (if appropriate) will be disqualified. (For consequences of disqualification, see Rule 3D above). FOR ALL ESSAYS/PHOTOS AND LINKS TO VIDEOS SUBMITTED, THE ESSAYS/PHOTOS AND VIDEOS (AND LINKS TO VIDEOS) REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER. SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE POSTING/PUBLICATION OF ESSAYS/PHOTOS AND LINKS TO VIDEOS AND HAS NO OBLIGATION TO AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONJUNCTION WITH SCREENING, MONITORING OR REVIEWING THE CONTENT OF ESSAYS/PHOTOS/VIDEOS (OR LINKS TO VIDEOS).
(f) Essay/Photo/Video As “Work Made For Hire.” By participating, entrant understands and agrees that the essay and photo (if any) and/or video (including link to video), as applicable, shall each be deemed a “Work Made For Hire” under the copyright laws of the United States, the essay, photo and/or video (including link to video), as applicable, being specially prepared by entrant for Sponsor. If the essay, photo and/or video (including link to video), as applicable, is deemed not to constitute a “Work Made For Hire,” entrant agrees, in exchange for good and valuable consideration in the amount of $1, to transfer and assign any and all rights, title, and interest in and to the essay, photo and/or video (including link to video), as applicable, to Sponsor, including but not limited to the copyright and renewal rights in the essay, photo and/or video (including link to video), as applicable, worldwide, and to execute all documents and take all actions deemed necessary by Sponsor to effect, record or perfect such assignment. Entrant hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that entrant may now or later have in and to her essay, photo and/or video (including link to video), as applicable.
4. JUDGING. Entries will be subdivided into essay and video categories for judging purposes. Essay entries will be evaluated as compared to other essay entries; video entries will be evaluated as compared to other video entries. The judging will be conducted by a panel of expert judges, comprised of members of Sponsor’s team of marketing professionals, on or about December 15, 2009. In each category, the judges’ evaluation of essays or videos (as appropriate) will be based upon the following criteria: (a) originality (33 1/3%); (b) creativity (33 1/3%); (c) relevance to Contest theme (33 1/3%). In the event of a tie in either the video or essay category, the essay or video (as appropriate) among the tied entries with the higher/highest score in relevance to Contest theme will be deemed the potential prize winner in the applicable category. If potential winner entered by posting essay or link to video on lucy “wall,” she will be notified via e-mail to her Facebook account; if potential winner entered by e-mailing to inspiration@lucy.com, she will be notified by e-mail to the account used to enter the Contest.
5. PRIZES.
(d) Additional Restrictions on Content. Essays, photos and videos (as used in this subsection ,”video” includes link to video) cannot include any content not owned, licensed or otherwise lawfully used by entrant; if Sponsor, in its sole discretion, suspects that the essay/photo/video (as applicable) does not comply with this requirement such that it may violate or infringe upon the intellectual property or other rights of any third party (including but not limited to rights of publicity, privacy, trademark, copyright, or libel, defamation or slander), entrant submitting such entry will be disqualified. Entrants whose essays, photos and/or videos (as applicable), in the sole discretion of Sponsor, are determined to be inappropriate or unfit for publication will also be disqualified. By way of example only, inappropriate essays are those that contain profanity, advocate violence or are racist; and, inappropriate photos and videos feature nudity and/or acts of violence. Entrant may also be disqualified if Sponsor determines, in its sole discretion, that essay/photo/video (as applicable) intends to promote a commercial/business enterprise, a charity, political, religious cause or any cause other than the Contest theme. If entrant is disqualified, her essay/photo entry or link to her video entry (as appropriate) will be removed from the lucy “wall” on www.facebook.com and the video removed from www.youtube.com (as applicable), subject to the approval and cooperation of the applicable web site owner; and, Sponsor shall have no liability in conjunction with removal of essay/photo entry, link to video entry or video entry itself. (Sponsor may also take any other action it deems appropriate and necessary in its sole discretion so as to protect its rights.) Essays/photos/videos (as applicable) must not have been submitted (in whole or in part) to another competition or contest. No joint/group entries. Individual completing entry form must also be the same individual (a) who wrote essay entry; (b) who is depicted in photo (as applicable) or (c) who prepared the video (as applicable). Entry must be submitted in one, single on-line session; partial or piecemeal entries will NOT be accepted. Receipt of entries will NOT be acknowledged by Sponsor.
A. VIDEO CATEGORYO
Grand Prize (1, top ranked video entry). $500 lucy gift card.
Runner Up Prize (1, 2nd highest ranked video entry). lucy outfit, comprised of Power Yoga V-neck (style no. 211645) and lucy Hatha Power Pant (style no. 214253). Approximate Retail Value: $136.
OIF SPONSOR DOES NOT RECEIVE A MINIMUM OF TEN (10) FUNCTIONAL LINKS TO VIDEO ENTRIES WHICH ARE IN FULL COMPLIANCE WITH THESE OFFICIAL RULES SUBMITTED BY PERSONS ELIGIBLE PURSUANT TO THESE OFFICIAL RULES, NO VIDEO PRIZES WILL BE AWARDED AND SPONSOR SHALL HAVE NO LIABILITY IN CONJUNCTION WITH SAME.
B. ESSAY CATEGORY
Grand Prize (1, top ranked essay entry). $250 lucy gift card.
Runner Up Prize (1, 2nd highest ranked essay entry). lucy outfit, comprised of Power Yoga V-neck (style no. 211645) and lucy Hatha Power Pant (style no. 214253). Approximate Retail Value: $136.
6. PRIZE CONDITIONS. Style and size of lucy outfit is subject to availability and/or other restrictions. Gift cards are subject to terms and conditions of use as indicated thereon, which may include expiration dates (where permitted by law). Gift cards are not exchangeable or redeemable for cash. No prize transfer. No prize substitution, except at Sponsor’s sole discretion due to unavailability of prize/prize component for any reason and only then for prize/prize component of comparable value. Taxes on prize (if any) are the sole responsibility of winner.
7. CONDITIONS OF PARTICIPATION.
Entrant agrees to abide by and be bound by these Official Rules and all decisions of Sponsor, which are final and binding in all respects and not subject to appeal. Grand Prize Winners will be required to sign and return an affidavit of eligibility, a liability release and a publicity release (where legal) within (5) business days of date of prize notification. Failure to comply with this requirement or if prize notification for any prize is returned as undeliverable will result in forfeiture of prize, with an alternate winner being selected (the next highest ranked entry in the essay or video category, as appropriate).
Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering or attempting to tamper with any aspect of the entry or judging process, the operation or administration of the Contest or the Contest web site.
Sponsor’s failure to enforce any provision of these Official Rules shall not constitute a waiver of such provision. Should a court of competent jurisdiction find any provision of these Official Rules to be invalid, illegal or unenforceable, such determination will not affect the validity, legality or enforceability of the balance of these Official Rules and the invalid/illegal/unenforceable provision will be replaced with a substitute provision that is valid, legal and enforceable and most closely mirrors the original intention of Sponsor.
Entrant releases and agrees to hold harmless lucy activewear, inc., its parent company, affiliates, subsidiaries, promotion/marketing agencies and the directors, officers, agents, shareholders, representatives, employees, successors and assigns of any of the above entities, from any and all liability associated (directly or indirectly, in whole or in part) with entrant’s participation in the Contest, entrant’s participation in any Contest-related activity and receipt, acceptance, possession or use/misuse of prize.
By accepting prize, where permitted by law, winner grants Sponsor the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional compensation, and without review, approval or further notice.
8. LIMITATIONS OF LIABILITY. No responsibility is assumed by Sponsor for lost, late, incomplete, irregular, damaged, garbled, corrupted, misdirected or illegible entries (including links to video entries); or for any computer, telephone, cable, satellite, network, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled or jumbled transmissions, service provider/Internet/web site/use net accessibility or availability, traffic congestion or unauthorized human intervention. Sponsor is not responsible for any incorrect, incomplete or inaccurate information, whether caused by web site users or by any of the equipment or programming associated with or utilized in the Contest and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to any web site or e-mail address/account. Sponsor is not responsible for injury or damage to participants’ or any other person’s computer related to or resulting from participating in this Contest or downloading/uploading materials from/to any web site or e-mail address/account. Force Majeure. If, for any reason, the Contest (or any part thereof) is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, fire, flood, storm or other natural cataclysm, riot, strike, civil commotion, governmental regulation or any other causes beyond the control of Sponsor which, in the sole opinion of Sponsor, corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest (or any part thereof), Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Contest and conduct the Contest and select prize winners for each affected category in a manner which is fair, equitable and in accordance with these Official Rules, as determined by Sponsor in its sole discretion. Notice of such action by Sponsor will be posted on www.lucy.com.
9. DISPUTE RESOLUTION/GOVERNING LAW/WAIVER OF JURY TRIAL
To the fullest extent permitted by law, by participating in the Contest, you agree that: (a) any action at law or in equity arising out of or relating to these Official Rules or the rights and obligations of any entrant and/or lucy activewear, inc., shall be filed in either the courts of the State of Oregon, County of Multnomah OR the U.S. District Court for the District of Oregon and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action (and expressly waive any right of change of venue, forum non conveniences or any like right), AND ANY RIGHT TO A TRIAL BY JURY AND A TRIAL BY JURY IS HEREBY WAIVED, (b) any and all disputes, claims, and causes of action arising out of or connected with these Official Rules, and/or the rights and obligations of any entrant and/or lucy activewear, inc., shall be resolved individually, without resort to any form of class action, and (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), including costs associated with participating in this Contest but in no event attorneys' fees; and (d) under no circumstances will any entrant be permitted to obtain awards for and hereby waives all rights to claim punitive, exemplary, special, incidental, indirect and consequential damages and any other damages (whether due to negligence or otherwise), other than for actual out-of-pocket expenses (if any), and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any entrant and/or lucy activewear, inc. shall be governed by and construed in accordance with the laws of the State of Oregon without giving effect or regard to any principles or doctrines of conflicts of law/choice of law of the State of Oregon or of any other jurisdiction.
11. WINNERS’ LIST. For the names of winners (available after January 1, 2010; requests must be received by November 30, 2009), send a self-addressed, stamped envelope to: lucy “Share Your Inspiration” Contest Winners, at the address below.
Sponsor: lucy activewear, inc., 222 SW Columbia Street, Portland, OR 97201.