#MissMatchedHoliday Contest Official Rules
These official rules ("Official Rules") contain the terms and conditions applicable to the #MissMatched Holiday Contest (the "Promotion").
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ENTRY OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST THIRTEEN (13) YEARS OF AGE. VOID IN PUERTO RICO, ALL U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.
These Official Rules are a legally binding agreement by and between you and Sponsor (defined below) governing entry into this Promotion. By participating in this Promotion ("you" or "Participant") unconditionally accept and agree to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. Failure to comply with these Official Rules will void your entry.
The Promotion is sponsored by LittleMissMatched LLC, 555 Theodore Fremd Avenue (Suite A300), Rye, NY 10580 ("Sponsor").
2. PROMOTION PERIOD
The Promotion starts on November 16, 2017 at 12:00 a.m. (all times Eastern Daylight Time) and ends on December 11, 2017 at 11:59 p.m. ("Promotion Period"). Sponsor is the official timekeeper for the Promotion. The Contest winner will be selected on or around August 17, 2015.
3. WHO MAY ENTER
The Promotion is open to persons at least thirteen (13) years of age or older who are legal residents of, and physically located in, the United States, excluding Alaska, Hawaii & Puerto Rico. Employees and agents of Sponsor, its affiliates, subsidiaries, parent companies, and their advertising and promotion agencies (individually and collectively, "Sponsor Entities"), as well as members of such employees’ and agents’ immediate families (spouse, and parents, children and siblings and their respective spouses, regardless of where they reside) and individuals living in the same household with such employees and agents, whether or not related, are not eligible to enter or win. The Promotion is subject to all applicable federal, state and local laws. If you are under the age of majority in your state of primary residence (18, except AL and NE, 19, and MS, 21) (a "Minor"), you must have permission to enter the Promotion from your parent or legal guardian (a "Parent") prior to entering the Promotion in order to be eligible.
4. HOW TO ENTER
All Entries must be received during the Promotion Period to be eligible for the Promotion. Upload as many photos as you want, but duplicate entries will not be accepted. In event of a dispute regarding the identity of the person submitting an Entry, the Entry will be deemed to be submitted by the person in whose name the Account is registered. Multiple Participants are not permitted to share the same Account and Entries may only be submitted by a single Instagram or Facebook user Account. Entries by any method other than set forth above in Section 4 or that do not comply with the Photo Requirements in Section 6 or the Photo Grant of Rights/Release in Section 7 are void. Any use of automated or programmed methods of Entry is prohibited. Neither the Sponsor Entities, Instagram, Facebook, nor any of its or their officers, directors, shareholders, employees, agents or representatives (individually and collectively, “Releasees”) are responsible for Entries from persons residing, or physically located, outside the 50 United States or D.C.; Entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible or otherwise not in compliance with these Official Rules; or for lost, interrupted or unavailable network, server, internet service provider, website or other connections, telephone availability or accessibility; miscommunications; failed computer, satellite, telephone or cable transmissions, lines or technical failure; failed phone, computer hardware or software or text message malfunctions, failures, technical errors or difficulties; telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in Participant’s email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential Entries will be disqualified and any attempt by a person to use multiple email accounts to register more than the number of Entries allowed by these Official Rules may result in disqualification at the Sponsor’s sole discretion. All received Entries become property of the Sponsor and will not be acknowledged or returned. The information contained in the Entry will not be used by the Sponsor or its affiliates for online or offline advertising, promotions or marketing purposes except as provided herein. Void where prohibited or restricted by law and subject to all applicable federal, state, local and municipal laws and regulations.
6. PHOTO REQUIREMENTS
By entering the Promotion, you represent and warrant as follows: (a) the Photo is your own, original material; (b) you have obtained all needed permissions to submit this Photo and anyone whose name, image or likeness appears in the Photo has granted you all necessary rights regarding the use or submission of the Photo as part of your Entry (including the permission of a parent or legal guardian for each Minor depicted in your Photo), and upon request, you can and will make written evidence of such permission available to Sponsor; (c) as of the date of Entry, the Photo is not the subject of any actual or threatened litigation or claim; (d) the Photo does not and will not violate or infringe other people’s or companies’ intellectual property, privacy, publicity, or other legal rights, or constitute copyright infringement; (e) the Photo does not contain any material disparaging of the Sponsor and Sponsor’s affiliates; (f) the Photo does not contain depictions of or references to the name or logo of any other retailer, brand, store, company or character other than that of Sponsor or promotion of alcohol, illegal drugs or tobacco, firearms/weapons, any activities that may appear unsafe or dangerous, or any particular political agenda or message; (g) the Photo is not abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable; and (h) the Photo has not previously been entered in any contest, sweepstakes or promotion.
7. PHOTO GRANT OF RIGHTS/RELEASE
By submitting an Entry, you hereby grant to Sponsor an irrevocable, perpetual, non-exclusive, transferable, free, worldwide, license and right to reproduce, modify, publicly perform, publically display, encode, store, copy, transmit, publish, post, broadcast, display, adapt, distribute, and otherwise use the Photo contained in such Entry, or any portion of the Photo, in any and all media for any lawful purpose, worldwide and throughout perpetuity, without additional compensation, notice to, or approval from you. Each Participant hereby agrees to indemnify and defend the Sponsor from and against any and all third party claims, actions, or proceedings of any kind and from any and all damages, liabilities, costs, and expenses relating to or arising out of any breach or alleged breach of any of the covenants, representations, and warranties of Participant hereunder. Sponsor reserves the right to disqualify (and refuse to accept or remove) any Entry that Sponsor, in its sole discretion, deems to violate these Official Rules.
Our team of LittleMissMatched experts will cast their vote for their top 3 favorite photos featuring the most creative, funky and unique LittleMissMatched outfit. The winner will be chosen by YOU! Voting will open December 13, 2017 – December 18, 2017. With our winner being announced on December 20, 2017. At the conclusion of the Promotion Period, the Sponsor will select and repost the Grand Prize Winning Entry on its social channel & blog.
One (1) Grand Prize will be awarded. The Grand Prize consists of: one (1) $200.00 gift card redeemable at www.littlemissmatched.com and our Junk Food 4-in-1 Convertible Backpack plus one of our smelly socks gifts sets (tbd). Total ARV of all prizes: $246.00.
The potential winner of the Grand Prize will be notified via the Account associated with his or her Entry or via email to confirm name and mailing address on or around December 20, 2017, to confirm their eligibility by submitting an Affidavit of Eligibility (an "Affidavit of Eligibility") to Sponsor, as well as providing any additional required information, releases or responses. If within 72 hours the winner has yet to respond to claim their prize, they will forfeit and the second place winner will be contacted. All legal responsibilities of a Minor under the Official Rules will be assumed by his/her Parent, and a Minor winner’s prize will be awarded in the name of the Parent for the benefit of the Minor. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: a potential winner’s failure to respond to notification within 48 hours after transmission; the return of a notification as undeliverable after two (2) attempts; the return of any other notice or a prize as undeliverable; a potential winner’s failure to provide Sponsor with the Affidavit of Eligibility with satisfactory proof of age, identity, residency and/or being the authorized Account holder associated with the winning Entry; a potential winner’s failure to provide required additional information upon Sponsor’s request; and any other non-compliance with these Official Rules. In the event of any prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. All taxes are solely the responsibility of the winners. Prize is are non-refundable and non-transferable, and no substitutions or cash redemptions are allowed, except at the Sponsor’s sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied.
11. PUBLICITY GRANT/PRIVACY
Email addresses that are submitted for entry in a contest or sweepstakes are used for the purpose of determining and notifying a winner. We may also use the email address to send a follow up newsletter. You may, at any point of time, inform us that you are no longer interested in receiving our newsletter, and we will immediately discontinue any further mailings. When entering contests or sweepstakes, children under the age of 13 are required to provide their parent’s consent. Should a participant under the age of 13 be selected as the winner (depending on eligibility and legal requirements per the contest rules and regulations), LittleMissMatched will notify that child that he/she has won and, to the extent possible, will follow up with the parent or guardian to avoid any surprises when we award the prize. We may post participant entries and/or winner’s on the website with first name, age and home state/province. Once the prize is awarded, information related to the winner will be maintained for internal administrative and auditing purposes.
12. GENERAL CONDITIONS
By submitting an Entry for the Promotion, you (i) agree that you have read and agree to be bound by these Official Rules; (ii) you are eligible to enter this Promotion according to these Official Rules; (iii) all of the information provided as part of your Entry is accurate, does not violate any third party’s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law; and (iv) agree to be bound by the interpretations of these Official Rules by the Sponsor and the decisions of the Sponsor relating to the Promotion, which are final and binding in all matters. The Sponsor is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, unreadable or undelivered Entries. The Sponsor is also not responsible for any incorrect or inaccurate information, whatever the cause, associated with the Promotion. The Sponsor reserves the right to disqualify and void all associated Entries of any person found or suspected of tampering with the entry process, the “Likes” voting process on Instagram, the operation of the Promotion, or otherwise acting in violation of these Official Rules or with intent to annoy, abuse, threaten or harass any other person. If, for any reason, the Promotion is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, or any other causes which the Sponsor deems could corrupt or affect the administration, security, fairness or proper conduct of this Promotion, the Sponsor reserves the right at its sole discretion to cancel, modify, suspend or terminate the Promotion. The Sponsor will not be responsible for Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control ("Force Majeure Event") that may cause the cancellation or postponement of the Promotion. If the Sponsor, in its discretion, elects to abbreviate the Promotion as a result of a Force Majeure Event, the Sponsor reserves the right, but not the obligation, to award the prizes from among all valid and eligible Entries received up to the time of such Force Majeure Event. In no event will more prizes be awarded than stated in these Official Rules.
By your participation in the Promotion, you agree that the Releasees will have no liability whatsoever for, and shall be held harmless by Participants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize or participation in this Promotion, access to and use of each website associated with this Promotion and/or downloading from such website(s), or any claim based on publicity rights, defamation, invasion of privacy or merchandise delivery. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any right or benefit which you have or may have under Section 1542 of the Civil Code of the State of California, to the full extent that you may waive all such rights and benefits pertaining to the matters released here. In connection with such waiver and relinquishment, you acknowledge that you are aware that you may hereafter discover claims presently unknown or unsuspected, or facts in addition to or different from those which you now know or believe to be true, with respect to the matters released herein; nevertheless, it is your intention through this release to fully and finally and forever settle and release all such matters and claims relative thereto, which do not exist, may exist or heretofore have existed between yourself and the Sponsor related to the Promotion. The release herein given shall be and remain in effect as a full and complete release of such claims and matters notwithstanding the discovery or existence of any such additional or different claims or facts relative thereto. Except where prohibited, you and each potential winner and winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the New York courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys’ fees; and (3) under no circumstances will you and each potential winner and winner be permitted to obtain awards for, and you and each potential winner and winner hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, 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 you, other Promotion Participants, the potential winners, winners, the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. WINNER LIST
To request the name of the Promotion winners or a copy of these Official Rules, send a stamped, self-addressed envelope for receipt by December 31, 2017 to: LittleMissMatched LLC, 555 Theodore Fremd Avenue (Suite A300), Rye, NY 10580. (VT residents need not affix return postage.) Please specify "LittleMissMatched #MissMatchedHoliday Winner List" upon request.
14. ADDITIONAL CONDITIONS
Sponsor may communicate about this Promotion via Sponsor’s Instagram profile, Sponsor’s Twitter profile, Sponsor’s Pinterest profile and Sponsor’s Facebook Page. By participating in this Promotion, you acknowledge that this Promotion in no way sponsored, endorsed or administered by, or associated with Instagram or Facebook, and you agree that Instagram, Inc. and Facebook, Inc. each constitute a “Releasee” for the purposes of Section 12 above.