TERMS & CONDITIONS
Levi's® x UO #Ugly Bike Contest
No Purchase Necessary to Enter
Void Where Prohibited
The "Levi's® x UO #Ugly Bike Contest" (the "Contest") is sponsored by Urban Outfitters, 5000 South Broad Street, Philadelphia, PA. 19112 ("Sponsor") and is administered by Levi Strauss & Co., 1155 Battery Street, San Francisco, CA 94111 ("Contest Administrator").
The Contest begins at 6:00:00 a.m. Eastern Time ("ET") on September 4, 2012 and ends at 11:59:59 p.m. ET on October 3, 2012 (the "Contest Period") and shall consist of daily contests each beginning at 12:00:00am ET and ending at 11:59:59pm ET, except for the first daily contest which shall begin at 6:00:00am ET, September 4, 2012 (each a "Daily Contest").
WHO MAY ENTER. The Contest is open only to those legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older at the time of entry (each an "Entrant"). Directors, officers and employees, and their immediate family members, or those living in the same household as such directors, officers and employees, of Sponsor and Contest Administrator or their respective parent, affiliated, or subsidiary companies, agents or representatives (collectively "Promotion Entities") are not eligible to enter or win. The Contest is void where restricted or prohibited by law.
HOW TO ENTER. To participate in the Contest, Entrants must submit/upload a photo of an ugly bike to Instagram via the Instagram mobile app, with the hashtag #UGLYBIKE (each a "Submission"). Each unique Submission may be entered multiple times over the duration of the Contest Period, however, no more than one time (1x) during each Daily Contest period. Winning a Daily Contest automatically voids Entrant's eligibility with respect to any remaining Daily Contests.
Registration with Instagram is required to enter a photograph and enter the Contest. There is no cost to register with Instagram.
SUBMISSION REQUIREMENTS. Each photograph that is entered into the Contest must meet ALL of the "Submission Requirements" set forth below to be considered (a photograph that meets all such requirements will be referred to as a "Submission"):
(i) the photograph must be the submitting Entrant's original, previously unpublished work and not contain any third-party copyrighted material (including without limitation, copyrighted images);
(ii) the submitting entrant should be able to provide on request all appropriate clearances, permissions and releases for the Submission, including releases from all persons appearing in the photograph, location releases for all recognizable locations, and releases from anyone who assisted in the creation of the photograph (in the event a submitting entrant cannot provide all required releases, Sponsor and Contest Administrator reserve the right, in their sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for its benefit, or allow the applicable Submission to remain in the Contest);
(iii) the photograph may not feature nudity or obscene language or material that is libelous or defamatory.
Promotion Entities reserve the right, in their sole and absolute discretion, to disqualify any Submission that violates the above criteria. Submission(s) must be received before the end of each Daily Contest period, and the Contest Administrator's network will be the official timekeeper for this Contest.
WINNER SELECTION. At the end of the each Daily Contest period, Sponsor and Contest Administrator will monitor and review the initial submissions for eligibility. Sponsor and Contest Administrator will judge all eligible Submissions on the following criteria: Execution of Theme (i.e., Ugliest Bike) (40%), Photo Composition and Instagram special effect (30%), and number of "likes" (30%) on Instagram and the Contest website (www.urbanoutfitters.com/uglybike) The Submission with the highest score at the end of each Daily Contest period will win that Daily Contest (each a "Winning Submission"). Photos of the same subject matter may be entered by different Entrants. In the event of a tie, the greatest number of "likes" will determine the winner. The determination of the Winning Submissions shall be made by Sponsor and Contest Administrator in their sole discretion, and such determination shall be final and binding. . An Entrant may not win more than once during the Contest Period.
PRIZES. Thirty (30) Daily prizes. Each Daily Prize winner (each a "Daily Prize Winner") will receive (i) a $450 credit towards a custom bike ordered on www.republicbike.com/, and (ii) a $150 Urban Outfitters.com Gift Card which can be used to purchase any Levi's® products, including but not limited to Levi's® Commuter products on UrbanOutfitters.com. The Approximate Retail Value ("ARV") of each Daily Prize is six hundred dollars ($600.00); the ARV of all Prizes is eighteen thousand dollars ($18,000.00). Prizes are non-transferable, non-extendable, and non-exchangeable.
No cash alternative or prize substitutions will be allowed, except Sponsor and Contest Administrator reserve the right to substitute prize(s) of comparable value if the prize listed is unavailable for any reason. Any stated difference between the approximate value and actual value of the Daily Prizes or any substituted prize will not be awarded. Odds of winning depend on the number of eligible entries received.
GENERAL PRIZE CONDITIONS. Prize will be awarded only if potential winners fully comply with these Official Rules. All costs, including federal, state and local taxes, insurance, and other expenses not specifically identified as included in the prize, are the sole responsibility of the winner. No transfer, assignment, cash redemption or substitution of prizes (or portion of prize) except by Sponsor and Contest Administrator due to prize unavailability and then for a prize (or applicable portion of prize) of equal or greater value as determined by Sponsor or Contest Administrator. All details and other restrictions of prizes not specified in these Official Rules will be determined by Sponsor or Contest Administrator in their sole discretion.
RULES GOVERNING POTENTIAL WINNERS: Each potential Winning Entrant will be notified by a comment placed on their Submission by Sponsor or Contest Administrator promptly following the Winner selection, but in no event no later than seventy-two (72) hours after each Daily Contest period ends. Winners may be required to complete an Affidavit of Eligibility, Liability/Publicity Release (collectively, the "Prize Claim Documents") within forty-eight (48) hours following the date/time of attempted notification. If a winner is under the age of majority in his or her state of residence (a "minor"), at Sponsor's option, the applicable prize either will be awarded in the name of the parent or legal guardian of such minor winner, or the parent or legal guardian of such minor winner will be required to ratify and sign Prize Claim Documents. If a selected winner (or, in the case of a minor, such minor winner's parent or legal guardian) cannot be contacted, is ineligible, fails to claim a prize, and/or fails to complete any Affidavit of Eligibility and Liability/Publicity Release (if required), within the applicable time period, Sponsor and Contest Administrator may elect to disqualify the selected winner, who will then forfeit his or her right to receive the respective Daily Prize. By accepting a prize, the Winning Entrant agrees that Sponsor and Contest Administrator may, without any limitation or further compensation, use his or her name, user ID/alias, voice and/or likeness in any and all media for the purpose of advertising and promoting the Sponsor, the Contest, or any other promotion, contest or sweepstakes sponsored by the Promotion Entities.
DATES & DEADLINES / ANTICIPATED NUMBER OF CONTESTANTS. 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 Contestants who will participate in the Contest.
OWNERSHIP. By entering your Submission in the Contest, you acknowledge and agree that: (a) Entrant grants Sponsor and Contest Administrator a perpetual, non-revocable license to use the Submission for any and all purposes. Sponsor and Contest Administrator shall have the right, in their sole discretion, to edit, composite, morph, scan, duplicate, or alter, the Submission(s) for any purpose which they deem necessary or desirable, and each Entrant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by her or him. Sponsor and Contest Administrator shall have no obligation (express or implied) to use any Submission, or to otherwise exploit any Submission or, if commenced, to continue the distribution or exploitation thereof, and Sponsor and Contest Administrator may at any time abandon the use of the any Submission for any reason or no reason at all, and no Entrant shall be entitled to any damages or other relief by reason thereof.
REPRESENTATIONS AND WARRANTIES / INDEMNIFICATION. Each person who enters this Contest represents and warrants to Sponsor and Contest Administrator as follows: (i) the Submission is the Entrant's own original, previously unpublished, and previously unproduced work; (ii) the Submission is wholly original with Entrant and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission neither infringes upon nor violates the intellectual property rights or other rights of any other person or entity; (iv) the Submission does not and will not violate any applicable laws, and meets the Submission Requirements set forth above. Each Entrant hereby agrees to indemnify and hold the Promotion Entities harmless 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 warranties, representations or agreements of entrant hereunder.
WAIVER OF EQUITABLE RELIEF: Each entrant acknowledges that many Submissions may be competitive with, similar or identical to their Submission and/or each other in theme, idea, format or other respects. 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 Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of a Promotion Entity's actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief, and Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
FURTHER DOCUMENTATION: If Sponsor and Contest Administrator shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as they may reasonably require in order to effectuate the purposes and intents of these Official Rules, then each Entrant agrees to sign the same upon such request.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor, Contest Administrator and any Entrant in or winner of the Contest, each Entrant irrevocably grants the Promotion Entities and their respective successors, assigns and licensees, the right to use such Entrant's name, likeness, biographical information and Submission in any and all media for any purpose, including without limitation, advertising and promotional purposes as well as in, on or in connection with the Sponsor, Contest Administrator or the Contest or other promotions, and hereby release the Promotion Entities from any liability with respect thereto.
IMPORTANT. PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By participating in the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all respects. By participating the Contest, Entrants (agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities, Instagram, Inc., Facebook, Inc., are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant's ability to participate in the Contest; (ii) any injury or damage resulting from participation in the Contest and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant's computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
GOVERNING LAW. ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE CONTEST OR IN CONNECTION WITH ANY DESIGN SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE CONTEST, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
ARBITRATION PROVISION. By participating in this Contest, each entrant (and any minor entrant's parent or legal guardian) agrees that any and all disputes the entrant may have with, or claims you may have against, the Promotion Entities relating to, arising out of or connected in any way with (i) the Contest, and/or (ii) the awarding or redemption of any prize, and/or (iii) the exploitation or use of any Submission or other material submitted in connection with the Contest, will be resolved individually and exclusively by final and binding arbitration. The arbitration will be conducted in accordance with the American Arbitration Association's ("AAA") Commercial Arbitration Rules as modified by the terms of this Agreement. If an entrant has any questions about the American Arbitration Association, or wishes to obtain a copy of the AAA's rules and forms, such entrant may call (800) 778-7879 or visit the AAA's website at www.adr.org. The arbitration shall take place in Los Angeles, California before a single arbitrator, selected pursuant to such rules, and shall be conducted on an expedited basis and in strict confidence. The arbitrator selected pursuant to these Official Rules shall be well acquainted with the entertainment industry, and shall not have the power to impose punitive damages. Each party hereby waives any and all rights and benefits which it might otherwise have or be entitled to under federal law or the laws of California or any other state to litigate any such dispute in court, it being the intention of the parties to arbitrate all such disputes. The arbitrator's decision shall be controlled by the terms and conditions of these Official Rules, and any other agreements the applicable entrant may have entered into with Sponsor in connection with the Contest, and shall be final and binding, and shall provide for each party to bear its own costs of arbitration and attorneys' fees. EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO A JURY. Judgment upon the award of the arbitrator may be entered or enforced in any court of competent jurisdiction. If either party fails to appear at the hearing on the date designated in accordance with the rules of the American Arbitration Association, or shall otherwise fail to participate in the arbitration proceeding, the arbitrator is hereby empowered to proceed ex parte. If you do not agree to these requirements (or any other provision herein), do not participate in the Contest. If any part of this Arbitration Provision is deemed to be invalid or otherwise unenforceable or illegal, the balance of this Arbitration Provision shall remain in effect and shall be construed in accordance with its terms as if the invalid or illegal provision were not contained herein.
LIST OF WINNERS: To obtain a list of the Winners, send a stamped, self-addressed envelope to: Levi Strauss & Co., Levi's Marketing #UglyBike Contest, 1155 Battery Street, San Francisco, CA, 94111. Requests must be received no later than November 30, 2012.
MISCELLANEOUS: This Contest is in no way sponsored, endorsed or administered by, or otherwise associated with Instagram, Inc.