Snapshot-to-Studio Official Contest Rules

MUST BE 18 YEARS OLD AND A LEGAL U.S. RESIDENT TO ENTER. 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 (“ModCloth”) is the official sponsor of the Style Gallery Snapshot to Studio Contest (“Contest”).

2. Entry Period

Entries may be submitted from October 21, 2013 at 1 p.m. PT through November 15, 2013 at 1 p.m. PT using Submittable: http://modcloth.submishmash.com/submit after officially uploading photos to our Style Gallery: http://modcloth.com/style-gallery.

To be eligible to enter the Contest 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.

3. Eligibility

The Contest is open and offered to legal residents of the 50 United States and District of Columbia who are 18 years of age or older, and who agree to comply with all terms and conditions of these Official Rules. ModCloth reserves the right to require evidence of age to win Prize. In order to be eligible for the Grand Prize, you must be willing to travel to ModCloth’s office and fully participate in the planned marketing photo shoot (see details in Section 7 Prizes). If you are not willing to travel or participate in the photo shoot and marketing activities, you are still eligible to win one of the other prizes.

Entries to Submittable will be accepted from now until 1 p.m. PT on 11/15/2013. Your entry photos must have gone live on the Style Gallery from 10/1 until the submission deadline at 1 p.m. PT on 11/15. Photos must have been uploaded from your ModCloth account. Duplicate image submissions are not eligible, especially if the original was received prior to 10/1.

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 Contest.

When you enter the Contest, 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 Contest by first reading and agreeing to these Official Rules, and then by submitting outfit photos to the Style Gallery, and the other requested Q&A information through Submittable.

Entry into the Contest represents your acknowledgment that (i) you have read the Official Rules, (ii) you agree to be bound by the Official Rules, and (iii) you agree that decisions of ModCloth about the Contest are subject to ModCloth’s sole discretion and are binding in all respects. Each timely received and otherwise eligible entry shall be included in the Contest.

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 Contest is not capable of running as planned, ModCloth reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest. By entering the Contest, 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 Contest, you represent and warrant that the photographic images you submit (the "Works") are either your original images or images to which you have lawfully obtained all relevant rights, and that such Works do not incorporate any intellectual property of anyone else, including but not limited to any trademark, design rights or copyright. Further, you represent and warrant that you perpetually and irrevocably assign all rights, title and interest in and to the Works and other entry materials, including the copyright and any other intellectual property or other rights in the Works and other entry materials, to ModCloth.

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

By entering the Contest, you further agree to grant ModCloth the perpetual and irrevocable right to use your name, image, likeness, voice, photo, video and/or a short biography in and in connection with the Works, 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 Contest. 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 Contest, ModCloth, and/or the Works before responding to such inquiries.

6. Original Work

By entering the Contest you represent and warrant that, consistent with the terms of the Official Rules: (a) you own the copyright in the Works; (b) the Works constitute your own original work, and do 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 Contest and to convey the Works to ModCloth.

7. Prizes

ModCloth anticipates choosing four winners: one Grand Prize winner, one Second Runner-Up winner, and two Finalist winners.

The Grand Prize winner will receive the following:

  • - A $500 ModCloth gift certificate
  • - The opportunity to come to ModCloth's offices for a photo shoot
  • - Air transportation for the Winner from an airport within 50 miles of Winner's residence to an airport near one of ModCloth's offices for the photo shoot
  • - Hotel room for two nights near ModCloth’s office for the photo shoot
  • - Note that ModCloth will not pay for travel costs other than air fare and hotel room, however, the Winner will also receive $200 in cash which may be used for miscellaneous travel expenses at Winner’s discretion
  • - Estimated value of this prize is approximately $3,000.00, however, it may vary depending on where the Winner resides
  • - Prize is NOT redeemable for cash

In the event that the individual selected to win the Grand Prize declines to travel to ModCloth’s offices and/or participate in the photo shoot and marketing activities, such individual will instead be awarded the Second Runner-Up prize, and another individual will be selected for the Grand Prize.

The Second Runner-UP will receive the following:

  • - A $75 ModCloth gift certificate

The Two Finalists will receive the following:

  • - A $50 ModCloth gift certificate

Winners are responsible for any taxes related to the prizes.

8. Odds

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

9. The Photo Shoot

The lucky Grand Prize Winner will have to opportunity to participate in a photo shoot at a ModCloth office. As a condition of agreeing to participate in the photo shoot, you will be required to sign an assignment and release agreement which will give ModCloth the right to take still photos and video/audio of you at ModCloth’s offices, and the right to use the same in connection with ModCloth’s business.

10. Selection of Winner

After the entry deadline of 1 p.m. PT on November 15th, 2013, ModCloth will select four Style Gallery Finalists from the eligible entries using the following criteria:

  • - Inspirational signature style of entrant (40%)
  • - ModCloth aesthetic (30%)
  • - Creativity (30%)

The Style Gallery Finalists will be notified and their Works will be displayed on the ModCloth.com website and elsewhere in ModCloth's sole discretion for voting by the Community (Online Voting Period). During the Online Voting Period, the community will have the opportunity to vote on the posted Works. The Works may or may not be accompanied by other entry materials that you submit, including, but not limited to, your name, as well as the number of votes your images have received up to that date. ModCloth shall not be obligated to include any comments that you have submitted with your images.

The Online Voting Period will run from 11 a.m. PT November 20th, 2013 to 11 a.m. PT, November 22nd. The prizes will be awarded based on the results of the Community vote (number of outfit loves), and, as described above, the entrants’ willingness to travel to ModCloth and participate in the photo shoot. ModCloth will announce the Winners after the contest concludes.

ModCloth will notify Winners by email within fourteen (14) days of ModCloth's decision. To claim the Prizes awarded, the Winners must execute and deliver to ModCloth, within fourteen (14) days from the date of notification, 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 winners’ names and likenesses, among other documents that may be specified in the winner notification.

11. RELEASE

By entering the Contest, 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 Contest, 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.

12. Indemnification

By entering the Contest, 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 Contest, 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.

13. Choice of Law

The Contest 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 Contest, you agree that any disputes, claims, causes of action, or controversies arising out of or in connection with this Contest 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 Contest or these Official Rules. BY ENTERING THE Contest, 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 Contest or these Official Rules.

14. 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 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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