ModCloth Name It & Win It Contest
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
- Eligibility: The ModCloth Name It & Win It Contest (“Contest”) is open only to (i) legal residents of the fifty (50) United States and the District of Columbia, (ii) who are at least eighteen (18) years old and (iii) have Internet access and an Instagram account at the time of entry. Employees, officers and directors of Sponsor, its advertising and promotion agencies, and their respective parent companies, affiliates, franchisees, subsidiaries and agencies, and their immediate families (parents, siblings, children and spouses of each, regardless of where they live) and members of the households (whether related or not) of such employees, officers and directors, are ineligible to participate in this Contest. The Contest is subject to all applicable federal, state, and local laws and is void where prohibited. The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram.
- Sponsor: Jet.com, Inc., dba ModCloth, 115 Sansome St., Ste. 900, San Francisco, CA 94104 (“Sponsor” or “ModCloth”).
- Agreement to Official Rules: By participating in the Contest, entrant agrees to these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Contest. Whether an entrant receives a prize is contingent upon fulfilling all requirements set forth herein.
- Timing: The Contest begins at 12 PM Eastern Standard Time (“EST”) on May 22, and ends at 11:59 PM ET on May 27 (“Contest Period”). Sponsor's computer is the official time-keeping device for the Contest. Entrants are responsible for determining the appropriate beginning and ending times in their respective time zones.
- How to Enter: At the start of the Contest Period, Sponsor will post a photo of an article of ModCloth clothing on Instagram (a “Contest Post”). Before the end of the Contest Period suggest a name for the article of clothing shown in the Contest Post. Participants may enter on Instagram by doing the following:
If entering on Instagram:
- Visit ModCloth’s Instagram account, @modcloth, and locate the Contest Post that contains the hashtag #NIAWI.
- In the comments below the Contest Post, suggest a name for the article of clothing that shows off the most ingenious, elegant, or purely punny title you can orchestrate. Suggested names must be less than 50 characters.
- All entries must also adhere to the “Entry Requirements” listed below. Each unique entry submitted in compliance with these Official Rules will constitute one (1) entry into the Contest. Each entry must include a unique name to constitute a separate entry. If multiple people submit the same name, only the first entry with that name will be considered. Entries generated by script, macro, or other automated means are void. All entries discovered to have been submitted by the same individual using multiple accounts or e-mail addresses will be disqualified. In case of dispute, entries will be declared made by the authorized account holder of the e-mail address associated with the Instagram account at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Sponsor will not verify receipt of entries. Entries become property of Sponsor and will not be returned. Sponsor discourages the creation of multiple Instagram accounts.
- Entry Requirements: Entries that do not meet the following “Entry Requirements” are subject to disqualification, at Sponsor’s sole and absolute discretion. Entries must in whole or in part:
- be in keeping with the spirit of the Contest and in compliance with these Official Rules, including the Warranty and License sections below;
- be relevant to the Contest and not be an attempt to use the Contest to advertise for entrant or a third-party;
- not be obscene, indecent, or otherwise offensive (as determined by Sponsor in its sole discretion);
- not defame or invade the publicity or privacy rights of any person, living or deceased;
- not infringe, violate, or misappropriate any person’s or entity’s personal or proprietary rights (including copyrights, trademarks, or other intellectual property rights);
- not have been submitted previously in any contest of any kind;
- not contain (i) any words, statements, or images considered offensive to individuals of any age, race, ethnicity, national origin, religion, sexual orientation, or other protected class, or who are disabled, (ii) any content that may be viewed as threatening, abusive, harassing, defamatory, libelous, hateful, embarrassing to any person, place, business, group, or entity, (iii) materials that promote bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on age, race, ethnicity, national origin, religion, sexual orientation or other protected class, or disability, (iv) any materials that depict or encourage illegal acts, are sexually explicit, libelous, obscene, violent, hateful, slanderous, (v) content not in keeping with Sponsor’s reputation and image;
- not be owned by a third-party and/or be subject of or to any restriction or right that would in any way limit Sponsor’s right to use the entry as permitted under these Official Rules.
- Winner Determination: A judge or judges selected by Sponsor will review all eligible entries and select one (1) potential winner based on the following criteria, all weighted equally:
- 30% Originality;
- 30% Humor; and
- 40% Aligns with ModCloth’s brand and image.
The potential winner will be chosen at the sole discretion of the judges and the judges’ decision is final. The potential winner will first be notified using a private message via Instagram (as applicable based on potential winner’s method of entry), and subsequently must submit a mailing and/or email address as instructed by Sponsor. If a potential winner does not submit a mailing or email address as instructed within a twenty-four (24) hour period from when the notification is sent then such person may be disqualified and an alternate potential winner may be selected according to the criteria outlined above, if time permits. Unless otherwise stated in the prize notification, prizes will be fulfilled within eight (8) weeks following the end of the Contest Period.
Except where prohibited by law, potential winner must complete an Affidavit of Eligibility and Liability and Publicity Release (“Affidavit”) in accordance with the instructions listed in the prize notification correspondence. If potential winner fails to provide the Affidavit within the required period of time, Sponsor may, in its sole discretion, disqualify potential winner and select an alternate potential winner. Non-compliance with these Official Rules, failure to return all required documentation by the stated deadline or Sponsor’s inability to contact a potential winner, as determined in Sponsor’s sole discretion, may result in disqualification. NOTE: Potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Contest. An entrant is not a winner of any prize unless and until entrant's eligibility has been verified and entrant has been notified that verification is complete.
- Prize and Approximate Retail Value (“ARV”): The winner will receive a ModCloth gift card valued at $89.00. The odds of winning the Contest depend on the number of eligible entries received and the skill of the entrants. No transfer, substitution or cash equivalent for prize is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if the prize or any portion of the prize cannot be awarded, in whole or in part, as described for any reason. Actual prize may differ from any promotional images. Prize winner is responsible for all federal, state, or local taxes associated with prize acceptance. Additional terms and restrictions apply to use of the gift card.
- INTELLECTUAL PROPERTY RIGHTS:
Warranty. Each entrant warrants and represents that any entry posted or submitted is his/her own original work created by the entrant and has not been previously published and has not won a previous prize or award, that participant owns or otherwise controls all of the rights to the entry (including, without limitation, the rights in any text other content included within the entry) and that the entry submitted by participant does not violate any law, regulation or any right of any third-party, including but not limited to rights of copyright, trademark, publicity and/or privacy.
License. By posting or submitting any content in connection with the Contest and/or accepting a prize, participants grant to the Sponsor the right, without limitation, to use the recipient’s name, city, state, likeness, photo, and/or entry (as applicable) for promotional, advertising or other purposes, and to display the selected entry in any media now known or hereinafter developed, including, but not limited to, Sponsor’s website(s) and/or social media account(s). Participants further agree to grant to the Sponsor a world-wide, royalty free, non-exclusive, perpetual, irrevocable license to reproduce and use the entry for any purpose whatsoever without compensation or further permission, including but not limited to an irrevocable and perpetual, royalty-free, worldwide right, in all media (now known or later developed) to assign, sub-license, use, publish, edit, adapt, modify, alter, reproduce, distribute, broadcast, display, copyright, create derivative works or otherwise exploit the entry for commercial or non-commercial use, and without compensation to the participant.
- Release: By participating, entrant agrees to release and hold harmless Sponsor, Instagram, Inc., and their respective parents, subsidiaries, affiliates, suppliers, distributors, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.
- General Conditions: Proof of submission does not constitute proof of receipt. Sponsor reserves the right to cancel, suspend and/or modify the Contest, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Contest, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules or any other promotion or in a disruptive manner.
- Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) technical or human error or which may occur in the administration of the Contest or the processing of entries; (4) late, lost, undeliverable, damaged or stolen entries; or (5) 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. Sponsor is not responsible for misdirected or undeliverable entries or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, or delayed computer transmission or any combination thereof. Sponsor is not responsible for any typographical/other error in entries. If for any reason an entrant's Contest entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Contest, provided that, if it is not possible to award another entry due to discontinuance of the Contest, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to choose a winner according to the criteria stated above from among all eligible entries received up to the date of discontinuance. No more than one prize will be awarded.
- Disputes: Except where prohibited, participant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, participant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California.
- Winners List: For a copy of these Official Rules or for the name of the winner, send an email to email@example.com or mail a self-addressed, stamped envelope to ModCloth c/o Promotion Marketing Team, 115 Sansome Street, San Francisco, CA, 94104. Requests must be received by no later than 6 months after the contest closes.
NO PURCHASE NECESSARY. Ends 5/27/18 11:59pm EST. US & DC only.