WIN A TRIP TO VOLUNTEER IN HAITI WITH KENNETH COLE CONTEST OFFICIAL RULES
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM OR TWITTER
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW
1. Eligibility: The Win a Trip to Volunteer with Kenneth Cole in Haiti Contest ("Contest") is open only to legal residents of the forty-eight (48) states of the continental United States and the District of Columbia, who are 21 years of age or older at the time of entry. Officers, directors and employees of Kenneth Cole Productions, Inc. (“KCP”) and its parent and affiliated companies, subsidiaries, promotion agencies, licensees, suppliers (all such individuals and entities collectively referred to herein as the “Promotion Entities”) and members of their immediate families, are not eligible. Void in Puerto Rico and where prohibited by law. For purposes of this Contest, "immediate family" is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsor: Kenneth Cole Productions, Inc., 603 West 50th St., New York, NY 10019, U.S.A.
3. How to Enter: The Contest will consist of a Photo Entry Period and Three (3) Phases:
Photo Entry Period. During the Photo Entry Period, which will run from August 8, 2014 at 12:00 AM (EST) to August 30, 2014 at 11:59 PM (EST) (the "Photo Entry Period"), log on to your Instagram or Twitter account and sign up to “follow” @kennethcoleprd. Take a photo (each, a “Photo Entry”) which shows how you or your nominee is doing good in the community and post it on Instagram or Twitter using the hashtag #sharegood (the “Hashtag”). If you are nominating someone else for the Contest, your nominee should be a person in your life who is 21 years of age or older at the time of entry that has done good in the community. Any Photo Entry tagged with the Hashtag on Instagram or Twitter may be eligible for the Contest. Once you upload your Photo Entry to Instagram or Twitter using the Hashtag, you will be entered into the Contest. Please note that your Photo Entry must include the Instagram or Twitter Hashtag in order to be eligible use of the Hashtag constitutes unconditional acceptance to these Official Rules, and that by using the Hashtag in connection with your post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram and Twitter API or otherwise use your post as set forth in its and their online Terms and Conditions.
Phase 1. During Phase 1, which will run from August 31, 2014 at 12:00 AM (EST) to September 15, 2014 at 11:59 PM (EST), the Judges will select five (5) finalists (“Finalists”) and notify the Finalists that they have advanced to the next phase of the Contest;
Phase 2. During Phase 2, which will run from September 16, 2014 at 12:00 AM (EST) to September 19, 2014 at 2:59 PM (EST), if you have been notified that you are a Finalist, you will be provided with an email address to submit a video. Take a video up to one (1) minute in length describing the good that you or your nominee has done in the community and why you or your nominee would like to accompany Mr. Kenneth Cole and Sponsor personnel to The Kenneth Cole Haiti Health Center for a volunteer opportunity (“Video Entry”). You, as well as your nominee should you have one, must appear in the Video Entry, and your Video Entry must be submitted via email to the email address provided to you as a Finalist during Phase 2.
Phase 3. During Phase 3, which will run from September 22, 2014 at 6:00 AM (EST) to September 30, 2014 at 11:59 PM (EST), if you are a Finalist, your Video Entry as well as the Video Entries of the other Finalists will be displayed online for members of the online community to vote for the Video Entry of their choice. Your Video Entry will be embedded on Sponsor’s website at KennethCole.com/ForGood. After submitting a Video Entry, Finalists may encourage their friends and family who are 18 years of age or older at the time of voting, to visit Sponsor’s website at KennethCole.com/ForGood and vote for his or her favorite Video Entry. You and other Entrants are permitted to vote. Anyone voting represents and warrants that he or she is 18 years of age or older. Votes are limited to one per person.
5. Entry Limitations: All Entries must be received during the applicable phase of the Contest Period. Entrants may submit one (1) Photo Entry per day during the Contest Period. Multiple Entrants are not permitted to share the same Instagram or Twitter account. Any attempt by a Entrant to obtain more than one (1) Photo Entry per day by using multiple/different accounts, identities, registrations and logins, or any other methods will void that Entrant's entries and that Entrant may be disqualified.
6. Entry Errors: The Promotion Entities are not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected Entries, which will be disqualified. The Promotion Entities are not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
7. Judging Criteria; Selection of Winners: The potential winner will be chosen based on Photo Entries as judged by Sponsor, and then Video Entries as voted on by the public, and will be selected based upon the highest number of votes received on a Video Entry on or about October 1, 2014. Sponsor’s judges will consist of Sponsor personnel. The judges will review all Photo Entries and select five (5) Finalists from all eligible Photo Entries received during the Contest Period based on the criteria of the ability to capture the essence of the Contest theme, clear depiction of showing the Entrant or Entrant’s nominee in doing good in the community, and the quality of the image. Selection of the Finalists is in the sole discretion of Sponsor and the judges. Potential Finalists will be notified by an Instagram or Twitter direct message including Sponsor’s contact information and must contact Sponsor using that contact information within two (2) days of notification, and are subject to eligibility verification and compliance with these Official Rules. Finalists shall submit Video Entries as described in the “How to Enter” section above, and the Video Entries will be voted on by the public. On or about October 1, 2014, based upon the number of votes received on Finalist’s Video Entry, Sponsor shall notify such potential winner via email. The Finalist with the most votes will be the potential Winner. If a potential winner cannot be contacted within two (2) business days, or the prize notification is returned as undeliverable, such potential winner forfeits all rights to any prize, and an alternate winner may be selected. Income and other taxes, if any, are the sole responsibility of each winner and all prizes are non-transferable, non-refundable and have no cash value if not used. Any and all expenses associated with a prize that are not included in the prize description also are the sole responsibility of the winner. Odds of being chose as a Finalist and as a Winner depend on the total number of eligible entries received during the Promotion Period." The decisions of the Sponsor and its judges are final and binding on all matters relating to the Contest.
8. Prize: One (1) winner (“Winner”) will be selected to win a prize package that includes the chance for Winner, or Winner’s nominee as applicable, to accompany Mr. Kenneth Cole and Sponsor personnel on a volunteer opportunity to The Kenneth Cole Haiti Health Center in Haiti from November 6, 2014 to November 9, 2014, including airfare, meals, and lodging, with an estimated value of $2,500, and for a donation to be made in Winner’s name, or Winner’s nominee as applicable, to the charity of his or her choice with an estimated value of $1,500, for a total estimated retail value of $4,000. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winner, or Winner’s nominee as applicable, must be able to travel on the dates specified by Sponsor, which are from November 5, 2014 to November 8, 2014, for the volunteer opportunity, or forfeit the chance to accompany Mr. Kenneth Cole and Sponsor personnel on the volunteer opportunity to The Kenneth Cole Haiti Health Center in Haiti as well as the donation to be made in his or her name to a charity of his or her choice. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
9. Grant of Rights: By participating in the Contest, each Entrant irrevocably grants the Promotion Entities a non-exclusive, unlimited, worldwide, perpetual, royalty free, transferable license and right (but not the obligation) to reproduce, publicly perform, distribute, exploit, publicly display, and otherwise use the Entry in any way, for any reason, and in any and all media, without limitation, and without further notice, consent or consideration to the Entrant. Without in any way limiting the foregoing, the Promotion Entities shall have the right, in their sole discretion, to modify and make derivative works of the Entry for any purpose which the Promotion Entities deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have therein. The Promotion Entities shall have the right to freely sublicense their rights hereunder, in whole or in part, to any person or entity. The Promotion Entities shall retain the rights granted in each Entry even if the Entry is disqualified or fails to meet the Entry Requirements.
10. Representations and Warranties; Indemnification: One (1) winner (“Winner”) will be selected to win a prize package that includes the chance for Winner, or Winner’s nominee as applicable, to accompany Mr. Kenneth Cole and Sponsor personnel on a volunteer opportunity to The Kenneth Cole Haiti Health Center in Haiti from November 5, 2014 to November 8, 2014, including airfare, meals, and lodging, with an estimated value of $2,500, and for a donation to be made in Winner’s name, or Winner’s nominee as applicable, to the charity of his or her choice with an estimated value of $1,500, for a total estimated retail value of $4,000. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All details and other restrictions of the prizes not specified in these Official Rules will be determined by Sponsor in its sole discretion. Winner, or Winner’s nominee as applicable, must be able to travel on the dates specified by Sponsor, which are from November 6, 2014 to November 9, 2014, for the volunteer opportunity, or forfeit the chance to accompany Mr. Kenneth Cole and Sponsor personnel on the volunteer opportunity to The Kenneth Cole Haiti Health Center in Haiti as well as the donation to be made in his or her name to a charity of his or her choice. No cash alternative or substitution of the prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.
11. Dates and Deadlines/Anticipated Number of Entrants: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Entrants who will participate in the Contest.
12. Nature of Relationship/Equitable Relief: Each Entrant hereby acknowledges and agrees that the relationship between the Entrant and the Promotion Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Entry to the Promotion Entities for purposes of the Contest does not place the Promotion Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Entry. Each Entrant understands and acknowledges that the Promotion Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas or photographs may be similar or identical to the Entry and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Promotion Entity’s use of any such similar or identical material. Each Entrant acknowledges and agrees that the Promotion Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Entry.
13. No Obligation To Use: The Promotion Entities shall have no obligation (express or implied) to use any Entry, or to otherwise exploit any Entry or, if commenced, to continue the distribution or exploitation thereof, and the Promotion Entities may at any time abandon the use of the Entry for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
14. Acceptance of Official Rules: As a condition of entry, Entrants fully and unconditionally agree to comply with these Official Rules and Sponsor’s decisions, which are final and binding in all respects.
15. Disputes: In the event of a dispute as to an Account, the authorized account holder of the email address used to register at Instragram.com, or should Entrant not have an Instagram account, the authorized account holder of the email address used to register at Twitter.com, will be deemed to be the Entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each potential winner may be required to show proof of being the authorized account holder. Potential winners may be required to show proof of identification. Except where prohibited, each Entrant agrees that: any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, NY. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, "Special Damages"). Entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York Law, without reference to choice of law rule, governs and all disputes arising hereunder. All Entrants waive any right to a jury trial.
16. Substitution; Taxes: No assignment or transfer of prizes permitted. EACH WINNER IS SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF HIS/HER PRIZE.
17. Potential Winner: As a condition of entry, each Entrant grants consent to the Promotion Entities to use Entrant’s name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation to the greatest extent permitted by law. As applicable, the winner may be required to execute and return (and winning may be conditioned upon the winner executing and returning) to Sponsor, within ten (10) business days, an Affidavit of Eligibility Release drafted by Sponsor to be eligible for the Grand Prize or an alternate winner will be selected. The winner may be required in Sponsor’s sole discretion to complete relevant tax forms as a condition to the delivery of the Grand Prize.
18. Liability: Each Entrant represents and warrants that Entrant: (i) has all right, title and interest in and to any photo and/or video Entrant submits; and (ii) will comply with all applicable laws, rules and regulations in conjunction with entering and participating in this Contest. Each Entrant further agrees that Sponsor and its subsidiaries and affiliated companies and all their advertising and promotion agencies and clients, together with each director, officer, owner, employee, agent, insurer, contractor and the successor and assign or each of them (collectively, the “Released Parties”), will have no liability whatsoever in connection with this Contest to Entrant or to any person who may assert any claim derived from or through Entrant and Entrant shall hold each such releasee harmless for any injuries, losses or damages of any kind that Entrant or others may incur with respect to Entrant’s participation in the Contest or acceptance, use or misuse of a prize. By entering the Contest, each Entrant explicitly releases, discharges and holds harmless the Promotion Entities, Instagram, and Twitter one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys' fees and/or experts fees and costs, which Entrant now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any other reason, whether or not occurring during or arising out of Entrant’s participation in the Contest and/or acceptance, use and/or misuse of a prize. The Promotion Entities, and Instagram and Twitter are not responsible for any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant's participation in the Contest or receipt or use or misuse of any prize.
19. Conditions of Participation: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsor reserves the right, but not the obligation, to award or not to award prizes to persons who entered prior to the date of termination. Without limiting the foregoing, Sponsor may lock out any Entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
This Contest uses the Instagram™ and Twitter API and is not endorsed or certified by Instagram or Burbn, Inc. All Instagram™ logos and trademarks displayed on or in conjunction with the Contest are property of Burbn, Inc. All Twitter logos and trademarks displayed on or in conjunction with the Contest are property of Twitter, Inc.