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lucy activewear Because of You Contest

Sponsored by: lucy, a division of VF Outdoor, LLC, Alameda, CA  94502.

{The promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook or Instagram.}

NO PURCHASE NECESSARY.

1.     Contest Schedule.   Contest begins October 26, 2015 at or after 12:00:00 a.m. Pacific Standard Time (PST) and ends November 8, 2015 at 11:59:59 p.m. PST.

 

2.     Eligibility. Open only to legal residents of the United States, 18 or older.  Employees, officers and directors of Sponsor, its parent, affiliates, subsidiaries or agencies (including but not limited to Curalate, Inc.) CANNOT participate in the Contest. For the avoidance of doubt: (a) lucy Pros may participate in the Contest and (b) the preceding eligibility restrictions apply both to the entrant and their friend (as discussed below.)  Void where prohibited by law. Participation in the Contest (as either an entrant or their friend) is subject to these Official Rules and Sponsor’s decisions, which are final and binding in all respects and not subject to appeal.

 

3.      To Enter.  Share a recent photo (taken with the last 2 -3 months) expressing how one (1) of your friends inspires, encourages or motivates you to be your best self, along with the hashtags #becauseofyou and #lucycontest. Be sure to “tag” your friend in the photo. You (i.e., the entrant) and/or your friend may appear in the photo, but this is not required. (For example, the photo could show a location of special significance to you and your friend.) In addition, you may include a caption with the photo, but this also is not required; as used herein, “photo” shall mean the photo itself and any accompanying caption (as applicable).

 

To enter, post your photo to your public account on Instagram. Follow lucy on Instagram (@lucyactivewear), if you do not already.  

      IT IS THE ENTRANT'S SOLE RESPONSIBILITY TO SECURE THE CONSENT OF THEIR FRIEND BEFORE “TAGGING” HIM/HER IN THE PHOTO. BY SHARING A PHOTO WITH THE PRESCRIBED HASHTAGS, ENTRANT REPRESENTS THAT HE/SHE HAS SECURED THE CONSENT OF THEIR FRIEND PRIOR TO SHARING THE PHOTO ON INSTAGRAM.

      IN ACCORDANCE WITH INSTAGRAM'S POLICIES, DO NOT INACCURATELY “TAG” A PERSON (OR OTHER CONTENT) IN A PHOTO.

 

Message and data rates apply to Contest entry.  You may be charged by your wireless carrier for posting a photo and thereby entering the Contest. Be sure to check your wireless carrier's pricing plan before participating in the Contest.

 

4. Entry Restrictions. There is a limit of one (1) entry per person. (For the avoidance of doubt, a person may submit one (1) entry and still be the “tagged” friend of one (1) or more other entrants.) Proof of posting photo does not constitute proof of receipt or proof of Contest entry. A given Instagram account may only be used by one person to participate in the Contest as an entrant; and, a given person may only participate in the Contest as an entrant by using a single Instagram account. Violation of the above restrictions (including the entry limit) may result in voiding of all entries submitted by such person and disqualification of such person from the Contest (both as an entrant and as the “tagged” friend of other entrants). Use of automated or programmed means of participation will also result in disqualification. Should Sponsor acknowledge receipt of a photo (i.e., that Sponsor was able to access the photo as posted on an individual entrant’s Instagram account), such acknowledgment shall not constitute any representation as to Contest eligibility or as notification of selection as the potential winning entrant in the Contest. Any dispute as to the identity of a prize winner (be it the potentially winning entrant or his/her “tagged” friend) will be resolved by Sponsor in its sole discretion.

 

5. Content Restrictions.   Photo must comply with all of the following requirements as to content (as determined by Sponsor in its sole discretion):

(a)   Content must be original and not copied, in whole or part, from any other source;

(b)  Content must be truthful in all material respects;

(c)   Content must not violate the rights of any third party** (this includes but is not limited to the rights of the friend “tagged” in the photo or of a third party photographer, if applicable);

(d)  Content must not be inappropriate or unfit for publication (e.g., include nudity, obscenity or hate speech);

(e)   Content must not disparage Sponsor, its products or persons endorsing Sponsor’s products or otherwise reflect unfavorably on any of the preceding;

(f)   Content must not advocate alcohol or drug use, violent or reckless behavior or any illegal activity;

(g)  Content must be relevant to the aforementioned theme of the Contest.  

 

**Should entrants choose to include lucy product(s) in their photos, entrants are granted the limited right to use lucy product(s) solely for purposes of entering the Contest in accordance with these Official Rules provided that all trademark notices included on lucy product(s) are retained in their original form without amendment or modification. Such grant of rights is non-transferable, non-sublicensable and non-exclusive and will automatically terminate at the conclusion of the Contest. Any other use of lucy product(s) in content posted on Instagram by entrants may constitute a violation of Sponsor’s rights.  

 

6. Re-Posting of Photos.   Sponsor may choose, in its sole discretion, to re-post photos on its Instagram account, its website, and/or elsewhere. Should Sponsor choose to do so, such re-posting is for entertainment and informational purposes only and will have no bearing on the selection of the winning entrant (and their “tagged” friend). For winner selection procedure, see Rule 8 below. POSTED AND, IF APPLICABLE, RE-POSTED PHOTOS REPRESENT SOLELY THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT (AND THEIR “TAGGED” FRIEND) AND DO NOT REFLECT THE VIEWS/OPINIONS OF SPONSOR IN ANY MANNER.  SPONSOR IS ACTING AS A PASSIVE CONDUIT FOR THE RE-POSTING OF PHOTOS (IF APPLICABLE) AND DISCLAIMS ANY RESPONSIBILITY FOR SCREENING, MONITORING OR REVIEWING PHOTOS PRIOR TO RE-POSTING OF SAME (AGAIN, IF APPLICABLE); SPONSOR HAS NOT SCREENED, MONITORED OR REVIEWED PHOTOS PRIOR TO THEIR INITIAL POSTING BY ENTRANTS ON INSTAGRAM. SPONSOR WILL NOT EDIT PHOTOS PRIOR TO RE-POSTING THEM IN CONJUNCTION WITH THE CONTEST (IF APPLICABLE).

 

7. Grant of Rights in Photos.  Entrant and their “tagged” friend, as applicable, each grant to Sponsor and its designees the non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable, sublicenseable right and license to use, perform, exhibit, reproduce and/or otherwise exploit the shared photo (including the accompanying caption, if any) in any manner and in any and all distribution channels, venues or media now known or hereafter devised, without further notice or any compensation. (The preceding grant of rights is subject to any rights retained by Instagram, as applicable). Entrant and their “tagged” friend each waive any “Moral Right of Authors” (Droit Moral) in the photo (including the accompanying caption, if any). Entrant and their “tagged” friend further agree, upon Sponsor’s request and without compensation, to sign any and all necessary and appropriate documents so as to effect, perfect or record such grant of license rights.   Entrant and their “tagged” friend further expressly acknowledge that Sponsor does not owe them a duty of confidence (or fiduciary duty or the like) with regard to the shared photo (including the accompanying caption, if any) and that Sponsor has wide access to ideas, stories, designs and other literary/artistic materials submitted to it from outside sources or being developed by its own employees and that such ideas/stories/designs/literary/artistic materials may be competitive with, similar to (or even identical to) a shared photo (including the accompanying caption, if any) and that Sponsor shall have no liability to entrant, “tagged” friend or any third party in conjunction therewith.

 

8. Selection of Winners.  On or about November 10, 2015, Sponsor will select one photo, from among all eligible photos received (i.e., posted) during the Contest Period, as the top photo. The entrant who posted such top photo will be the potential prize winner, with the friend “tagged” in the photo also winning a prize. Sponsor will evaluate photos based on the following criteria:

 

(a) Creativity (20%)

(b) Originality (20%)

(c) Strength of photo in expressing/capturing the theme of the Contest (60%)

 

In the event of a tie, the tied photos will be forwarded to an additional judge and the photo with the higher/highest ranking among the tied photos will be deemed the potential winner.

 

9.  Notification of Winners.  Sponsor will post a comment to the potentially winning entrant's photo.  It is the entrant’s sole responsibility to assure that his/her Instagram account settings will allow for Sponsor to contact him/her should his/her photo be selected as the potential winner in the Contest. In addition, in order for potentially winning entrant and their “tagged” friend to remain eligible to win prizes, winner must respond to the comment on his/her photo and commence the prize claim procedure within (48) hours of posting of comment by Sponsor or its agency. (And, as part of the prize claim procedure, potentially winning entrant agrees to provide the e-mail address and perhaps additional contact information of the “tagged” friend to Sponsor or its agency.)  Potentially winning entrant and their “tagged” friend may also be required to complete, sign and return an Affidavit of Eligibility, a Liability Release and a Publicity Release (where lawful) and perhaps other documents (e.g., confirmation of grant of rights in photo) within an indicated time period. In the event of noncompliance with these requirements (as applicable), if potentially winning entrant cannot be reached for any reason (including failure to timely respond to comment on his/her photo for any reason) or if potentially winning entrant is determined to be ineligible or otherwise in violation of these Official Rules, potentially winning entrant and their “tagged” friend will both be disqualified. And, in such case, an alternate photo will be selected as the potential winner from among all remaining eligible photos received, as per Rule 8 above. If potentially winning entrant IS determined by Sponsor in its sole discretion to be eligible and compliance with these Official Rules but their “tagged” friend is not or if “tagged” friend is eligible and in compliance with these Official Rules but declines the prize for any reason, Sponsor will only be responsible for awarding potentially winning entrant one (1) $250 lucy gift card (as discussed below) and the remaining $250 lucy gift card (for the “tagged” friend of potentially winning entrant) will be forfeited and will NOT be awarded.

 

10. Prize.

 

Grand Prize (1):  $250 lucy gift card for winning entrant and $250 lucy gift card for “tagged” friend of winning entrant. The lucy gift card is redeemable at www.lucy.com and at lucy retail stores but not at third party retailers of lucy products; gift card is subject to terms and conditions of use as indicated thereon. No prize substitution. No prize transfer except with Sponsor's permission which may be granted or withheld in its sole discretion without liability of any kind. Applicable taxes and unspecified expenses in conjunction with prize acceptance/use are the sole responsibility winning entrant and their “tagged” friend.

 

11. Releases. Where legal, by accepting prize, winning entrant and their “tagged” friend each agree (and will confirm in writing upon request) to use of their name, likeness, photo, voice, biographical information, image and other indicia of persona for advertising/publicity/trade purposes by Sponsor and its designees without further compensation or notice. By participating, entrant and his/her “tagged” friend each release and agree to hold harmless Sponsor, its parent, affiliates, subsidiaries and agencies (including but not limited to Curalate, Inc.) and the directors, officers, agents, representatives, shareholders, employees, successors and assigns of any of the above organizations, as well as Facebook and Instagram, from any and all liability arising from the Contest. The preceding includes but is not limited to, as applicable, damage to mobile device (or information/data stored thereon) used by an individual to participate in the Contest as well as violation of any third party rights in conjunction with one’s photo and/or participation in the Contest (either as an entrant or their “tagged” friend).

 

12. Limitations of Liability.  The computer of Curalate, Inc. (an independent, third party agency administering the Contest for Sponsor) is the official clock for the Contest. Sponsor and its agencies are not responsible for late, lost, garbled, incomplete (including but not limited to omission of  #becauseofyou and #lucycontest hashtags), inaccessible/blocked, corrupted, misdirected, delayed or damaged entries/photos, regardless of cause, which are void; for technological, programming, electronic, filtering or other operation of the functionality of Instagram (including but not limited to any defect or irregularity in Instagram's “tagging” functionality) or other error/malfunction/failure of any kind which interferes with the advertising/offering of the Contest in any respect.  Sponsor’s failure to enforce any provision of these Official Rules in a given instance shall not constitute the waiver of such provision. Tampering with the Contest in any manner will result in disqualification (if applicable) and Sponsor and its agencies may otherwise seek to protect their respective rights to the full extent allowed by law. If Sponsor determines in its sole discretion that the Contest – in whole or in part – cannot be conducted as originally planned due to any cause beyond its control (e.g., computer virus/bug, tampering, fraud), Sponsor may cancel, modify or suspend the Contest and select the winning photo from among all eligible entries/photos received/posted prior to and/or after the action taken by Sponsor (as applicable) or otherwise in a manner that Sponsor in its sole discretion determines is fair, appropriate and consistent with these Official Rules. Notice of such action will be posted on Sponsor's account on Instagram (@lucyactivewear).

 

13. Dispute Resolution/Choice of Law.  To the fullest extent permitted by law, by participating in the Contest either as an entrant or as their “tagged” friend, you agree that:

 

(a) any and all disputes regarding the Contest or these Official Rules shall be governed by the internal, substantive law of California (i.e., without regard to choice of law/conflict of law rules of California or of any other jurisdiction);

(b) you are subject to the personal and exclusive jurisdiction of the courts of the United States District Court for the Northern District of California or California state court situate in Alameda County, California;

(c) you waive any right of change of venue, inconvenient forum or the like;

(d) any action will be brought by you individually (NOT as part of a class action);

(e) your recovery in any such action is limited to actual costs involved in participating in the Contest (if any), with all rights to attorneys’ fees and any and all damages (including special, compensatory, punitive, consequential damages) being expressly waived.

 

If the preceding or any other provision of these Official Rules is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, it shall be replaced by a substitute provision that most closely approximates the original intent of Sponsor and is valid, legal and enforceable. The invalidity/illegality/unenforceability of a given provision shall not affect the validity/legality/enforceability of the remainder of these Official Rules.

 

14. Winners' List. For winners' list, send a request via e-mail to social@lucy.com with “lucy because of you winner” in the subject line for receipt by November 10, 2015 at 8:00:00 a.m. PST.  Winner's list will be available after November 17, 2015. Do not use this e-mail address for other than the specified purpose (including but not limited to the submission of entries). Sponsor will not respond to such mislabeled communications.