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Eye of the Buyer Official Contest Rules

NO PURCHASE NECESSARY. PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

1. Sponsor

ModCloth Inc., located at 651 Brannan Street, Suite 300, San Francisco, CA (hereafter referred to as “ModCloth” or “Sponsor”) is the official sponsor of the Eye of the Buyer Design Competition (“Design Competition”).

2. Entry Period

Entries may be submitted from April 29, 2013 through 6:00 p.m. PT on May 6, 2013 using Submittable: http://modcloth.submishmash.com/submit.

To be eligible to enter the Design Competition and to win a prize, entries must be completed and received by Sponsor in the format designated during the Entry Period. All applicable federal, state, and local laws and regulations apply. Offer void where prohibited by law. [One (1) entry per person is allowed. More entries may result in disqualification of all entries.]

3. Eligibility

The Design Competition is open and offered to legal residents of the 50 United States and District of Columbia at the age of majority or older who agree to comply with all terms and conditions of these Official Rules. Age of Majority for most states is 18 years of age. See majority age by state: http://contests.about.com/od/sweepstakes101/a/agemajoristate.htm.

Eligibility is the age of majority in the state in which the entrant resides and if less than the age of majority, has to be accompanied by parental consent. ModCloth reserves the right to require evidence of age to win Prize. Entrants who are under the legal age of majority in their state of residence can only qualify to enter if they have one of their parents or legal guardians submit with the entry a signed, written statement that they have read, understood, and agreed to these Official Rules and that such agreement constitutes acceptance of these Official Rules.

Employees, officers, and directors of ModCloth or ModCloth’s parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their household (whether or not related) are not eligible for the Design Competition.

When you enter or submit a Design to ModCloth, you agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms and conditions, you may not submit an entry. ModCloth reserves the right in its sole discretion to disqualify any entrant it finds to be acting in violation of these Official Rules.

4. To Enter

Enter the Design Competition by first reading and agreeing to these Official Rules, and then by submitting your original design (Design) and the other requested information by the submission rules.

Entry into the Design Competition represents your acknowledgment that you have read the Official Rules, and your agreement to be bound by the Official Rules and the decisions of ModCloth about the Design Competition are in its sole discretion and binding in all respects. Each timely received and otherwise eligible entry shall be included in the Design Competition.

Neither ModCloth nor its agents are responsible for illegible, lost, stolen, late, damaged, incomplete, mutilated, or misdirected entries or for any problems or technical malfunctions related to the electronic submission of entries. If all required information is not provided or entry is illegible, entry will be deemed ineligible. Any entries that do not comply with the rules will be withdrawn, rejected, and will be deemed ineligible for participation. All entries will become the property of ModCloth and cannot be acknowledged or returned. ModCloth shall refuse submission of any entry that may be deemed profane or offensive, violates any laws, uses the intellectual property of another, or otherwise does not comply with these Official Rules.

If, for any reason, the Design Competition is not capable of running as planned, ModCloth reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Design Competition. By entering the Design Competition, you acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and ModCloth from your Entry or award of any prize.

5. ModCloth's Use and Ownership of Entry Materials

By entering the Design Competition, you represent and warrant that your design is an original work, does not incorporate any intellectual property of anyone else, including but not limited to any trademark, design, or copyright, and that you assign all rights, title, and interest in and to the Design and other entry materials, including the copyright and any other intellectual property or other rights in the Design and other entry materials, to ModCloth.

ModCloth shall have the right to use the Design in any manner, and to promote the Design and the Design Competition in any manner it chooses. Decisions as to how the Design will be marketed will be at the sole discretion of ModCloth.

By entering the Design Competition, you further agree to allow ModCloth to use your name, image, likeness, voice, photo, video and/or a short biography in and in connection with your Design, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on ModCloth’s website, use in press releases, use on social media sites such as Facebook and Twitter, and use in connection with any events associated with the Design Competition and/or the marketing or sale of the Design. To this end, you waive any rights to privacy or publicity or laws of similar effect. You further agree to inform ModCloth of any press inquiries you may receive that relate to the Design Competition, ModCloth, and/or your Design before responding to such inquiries.

6. Original Work

By entering the Design Competition you represent and warrant that, consistent with the terms of the Official Rules: (a) you own the copyright in the Design; (b) the Design constitutes your own original work, and does not violate, in whole or in part, any existing copyright, trademark, or intellectual property of any other person or entity; (c) you are unaware of any agreement that is inconsistent with the consent provided herein; and (d) you have full power to enter the Design Competition and to convey your Design to ModCloth.

7. Prizes

The (1) winner will receive the following:

  • - a $200 ModCloth gift certificate.
  • - ModCloth may also, in its sole discretion, manufacture and offer the winning Design on its site. If ModCloth manufactures and offers the winning Design, ModCloth, shall determine, in its sole discretion, whether the winning Designs shall be modified in any way for manufacturing and sale purposes, and how the Designs will be manufactured and promoted. Applicable federal, state, and local taxes on the Prize are the sole responsibility of the winner.

8. Odds

The odds of winning depend on the number of qualified entries.

9. Selection of Winner

After the entry deadline (6:00 p.m. PT on May 6, 2013), ModCloth will select (1) winner using the following criteria:

  • - Best fit for the ModCloth brand, including aesthetic and wearability
  • - Inspired by theme, product sample, and ModCloth aesthetic
  • - Creativity and imagination of the Design

ModCloth will select the winning Design from the entrants based on the criteria set forth above. ModCloth will announce the final (1) Winner based on all of these criteria.

ModCloth will notify Winner by email within fourteen (14) days of ModCloth’s decision. To claim the Prize awarded, the winner must execute and deliver to ModCloth a signed affidavit of eligibility, which includes acceptance of these Official Rules, a release of liability, and, to the extent not prohibited by law, a consent to use winner’s name and likeness, among other documents that may be specified in the winner notification, within fourteen (14) days from the date of notification. Any Winner who is not the age of majority in the state where he or she is a resident must have one of his or her parents’ or legal guardians’ complete, sign, and return all documents requested in the winner’s notification.

10. RELEASE

By entering the Design Competition, you agree to these Official Rules and the decisions of ModCloth on behalf of yourself and each of your respective heirs, executors, administrators, legal representatives, successors, and assigns (Releasing Party), and by entering, you release, defend, and hold harmless ModCloth, its parent companies, subsidiaries, affiliates, distributors, and professional advisers, and their respective officers, directors, and employees (Released Parties) from any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, promises, lost profits, indirect or direct damages, consequential damage, incidental damages, punitive or exemplary damages, judgments, claims, and demands whosoever, in law, or equity, whether known or unknown, foreseen or unforeseen, which any Releasing Party has or may ever had, now or hereafter, arising from or related to the Design Competition, the preparation of any entry materials, or delivery, misdelivery, acceptance, possession, use of, or inability to use any prize. Further, the Releasing Party hereby expressly waives all rights afforded by any statute or doctrine, including but not limited to Section 1542 of the Civil Code of California that limits the effect of a release, such as the one provided for, with respect to unknown claims. In this regard, Section 1542 of the Civil Code of the State of California provides as follows:

A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR SETTLEMENT WITH THE DEBTOR.

11. Indemnification

By entering the Design Competition, you agree to indemnify, defend, and hold harmless ModCloth, its parent companies, subsidiaries, distributors, affiliates, and professional advisers, and their respective officers, directors, and employees from and against any and all claims, actions, demands, and liabilities, including those raised or brought by third parties, and any costs and expenses, including, without limitation, reasonable attorney and professional fees and costs and other expenses of any nature incurred in the investigation and defense of any such claims resulting from your breach of any provision of these Official Rules, or any representation or warranty you provide herein, or otherwise arising in any way out of your Design or your entry into the Design Competition, whether now known or unknown, or anticipated or unanticipated. ModCloth reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with ModCloth in asserting any available defenses.

12. Choice of Law

The Design Competition shall be governed by and interpreted under the laws of the courts governing the city and county of San Francisco, CA without regard to conflict of law provisions. By entering the Design Competition, you agree that any disputes, claims, causes of action, or controversies arising out of or in connection with this Design Competition shall be resolved by the State and Federal courts covering San Francisco, CA which shall have sole jurisdiction of any controversy regarding or arising from the Design Competition or these Official Rules. BY ENTERING THE DESIGN COMPETITION, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THE COURTS COVERING SAN FRANCISCO, CALIFORNIA AND SUBMIT TO THE JURISDICTION OF THE COURTS COVERING SAN FRANCISCO, CALIFORNIA. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Design Competition or these Official Rules.

13. Winner List/Official Rules

For names of the winners or a copy of these Official Rules visit ModCloth's website at http://www.modcloth.com/.

14. Privacy

By entering the Design Contest, you agree that any information provided may be used according to ModCloth's privacy policy, located at http://www.modcloth.com/help/privacy as well as noted in these Official Rules.

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