Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the Kendall & Kylie DIY Contest (the “Contest”):
1. HOW TO ENTER: The object of the Contest is to create a do it yourself nail art project (“DIY Nails”) as requested by Kylie Jenner and/or do it yourself denim shorts project (“DIY Denim Shorts”) as requested by Kendall Jenner based off of your favorite spring trends (the “Entry” or “Entries”). Beginning at 12:01 am (PST) on March 18, 2013, you may enter the Contest by (i) taking a picture of your DIY Nails and/or DIY Denim Shorts project (the “Photo”), (ii) uploading the Photo to the free Instagram™ application through your mobile phone (Entry may be subject to fees under the terms of the entrant’s mobile phone subscription plan; contact your carrier for pricing plans and details) and tag @PacSun and include the hashtag #KandKDIY to submit your Entry in accordance with these Official Rules to be eligible. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM (PST) ON MARCH 25, 2013.
2. CONTEST PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The Contest runs from March 18, 2013, through March 25, 2013 (the "Contest Period"). Entries must be received by 11:59 p.m. Pacific Time on March 25, 2013, to be included in the selection.
3. ELIGIBILITY; PERSONAL INFORMATION: Open and offered only to legal residents of the 50 United States, D.C. and Puerto Rico who, as of March 18, 2013, are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (“PacSun” or the “Promotion Sponsor”), its affiliated companies, advertising and promotion agencies as well as the immediate family (spouse, parents, grandparents, grandchildren, in-laws, siblings and children and their respective spouses) and household members of each such person, whether or not related, are not eligible. No mechanically reproduced Entries will be accepted. The Contest is subject to all applicable laws and regulations and is in no way sponsored, endorsed or administered by, or in association with, Instagram™. The Instagram™ trademarks displayed in these Official Rules are property of Instagram, Inc.
Entrant agrees that by entering into this Contest he/she is granting Promotion Sponsor the perpetual, non-exclusive, worldwide, irrevocable right and license, but not the obligation, to exhibit, copy, reproduce, edit, and distribute the Photo and/or any portions thereof, in any manner, an unlimited number of times, in any and all forms of production or media, now known or hereafter devised for any purpose, throughout the universe. Sponsor may use the Photo to advertise, promote and publicize the Contest or Sponsor’s websites in all media in perpetuity throughout the universe and may authorize others to do so. Entrant acknowledges that Sponsor may use the Photo in accordance with the permission granted herein without any payment to the Entrant or any third party.
Entrants agree that Entry shall not contain, include or involve any of the following:• Obscenity
• Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
• Gang signs or symbols
• Explicit sexual activity
• Illegal drug or alcohol use
• Unauthorized trademarks and copyrighted material
• License plates, phone numbers, personal addresses – physical or email or otherwise
• Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
• Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsors in their sole discretion
4. PRIZE WINNERS: There will be one (1) DIY Nails grand prize winner and one (1) DIY Denim Shorts grand prize winner (the “Grand Prize Winners”); two (2) DIY Nails first place winners and two (2) DIY Denim Shorts first place winners (the “First Place Winners”); and three (3) DIY Nails second place winners and three (3) DIY Denim Shorts second place winners (the “Second Place Winners”). The Grand Prize Winners, First Place Winners and Second Place Winners (the “Winners”) will be selected on or about March 26, 2013, from all eligible Entries received within the Contest Period. The selection made by the Promotion Sponsor or its agent will be final and binding on all matters related to the Contest. Eligible Entries are fully completed Entries received during the Contest Period and that otherwise meet the requirements described in these Official Rules. The Promotion Sponsor will notify the Winners by commenting on the winning Photos. Upon notification, the Winners must claim their prize by sending an email to firstname.lastname@example.org with contact information and the Photos. If each Winner does not respond within three (3) days of notification, the Promotion Sponsor may select an alternate winner from the remaining eligible Entries. The Winner’s prizes will be available no later than May 25, 2013.
5. PRIZES: A total of twelve (12) prizes will be awarded. The odds of winning a prize depend on the number of Entries received during the entire Contest Period. The following prizes will be awarded:
- • Exactly two (2) grand prizes (each a “Grand Prize”) consisting of the following: one (1) head to toe look from PacSun’s exclusive Kendall & Kylie Collection as solely determined by PacSun and the winning Photo featured on www.gsom.com. Approximate Retail Value (“ARV”): $150.00 for
- • Exactly four (4) first place prizes (each a “First Place Prize”) consisting of the following: one (1) tote bag, one (1) signed Kendal & Kylie poster, and the winning Photo featured on www.gsom.com. ARV: $50.00 for each First Place Prize.
- • Exactly six (6) second place prizes (each a “Second Place Prize”) consisting of the following: the winning Photo featured on www.gsom.com.
General Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied. Any federal, state and local taxes on any prize and all costs and expenses associated with prize acceptance and use not expressly specified herein as being provided are the sole responsibility of the respective winner. There is a limit of one (1) prize per household or family. Each prize is non-transferable and may not be redeemed for cash by the winner. The difference between any stated value and the actual value of a prize will not be awarded to the winner. No prize substitutions shall be permitted except at the Promotion Sponsor’s sole discretion. The Promotion Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. All prize details are at the Promotion Sponsor’s sole discretion. If a prize is rejected or returned by a winner, the prize may be awarded to an alternate winner selected at random from the remaining Entries.
6. WINNER REQUIREMENTS: Winner will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor), which must be returned along with valid proof of age or an alternate winner for that prize may be chosen. If a winner is not the legal age of majority in his/her jurisdiction of residence (in the case of Puerto Rico, this means less than 21 years of age), the prize may be awarded to or in the name of, a parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the winner, both on behalf of himself/herself and the winner, or the prize may be forfeited and awarded to an alternate winner.
7. LIMITATIONS OF LIABILITY; RELEASE AND INDEMNIFICATIONThe Promotion Sponsor is not responsible for any: (a) telephone, computer system, hardware, software, network or other technical failure, malfunction or error; (b) communication disruption or delays, including those related to or caused by Internet traffic, virus, bug, non-authorized intervention or human error; or (c) damage caused by computer virus or bug, resulting in damage to any computer or cell phone from an entrant’s access or the Contest Website. The Promotion Sponsor further is not responsible for printing or typographical errors in any Contest-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible Entries; or for transactions that are lost, misdirected, or fail to enter into the processing system, or that are processed, reported or transmitted late or incorrectly, or that are lost for any reason, including, without limitation, computer, telephone, paper transfer, or human error; or for electronic, computer, or telephonic malfunction or error. Each winner acknowledges that the Promotion Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMIND THE LEGITIMATE OPERATION OF CONTEST IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, THE PROMOTION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Contest or any element thereof and the Promotion Sponsor may select to award the Grand Prize using all eligible, non-suspect entries received as of the date of action requiring such termination. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
8. RIGHT TO CANCEL OR SUSPEND CONTEST; DISQUALIFICATION: The Promotion Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest in whole or in part, without advance notice (in the case of Puerto Rico, the Secretary of the Department of Consumer Affairs (“DACO”) will be notified in advance and cancellation or suspension is subject to DACO’s authorization) should virus, bugs, technical malfunctions or other causes beyond the Promotion Sponsor’s control corrupt the administration, security or proper play of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom the Promotion Sponsor believe to be causing malfunction, error, disruption or damage, or who is not in compliance with these Official Rules will be disqualified and any associated prize claim will be void.
9. RIGHT TO USE NAME, PHOTO AND LIKENESS: By accepting a prize, each winner and guest (and, if an eligible minor, his/her parent or legal guardian) consents to the use of their respective names, cities and states of residence, photos and/or likenesses in any and all media, now or hereafter devised, worldwide, in perpetuity, by the Promotion Sponsor for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
10. RULES/WINNERS' LIST: For a copy of the winner’s list or Official Rules, send a self-addressed, stamped envelope to:
Kendall & Kylie DIY Contest
c/o Pacific Sunwear of California, Inc.
Rules Requests/Winners List
3450 East Miraloma Avenue
Anaheim, CA 92806
The winners’ list will be available after April 1, 2013.
11. GOVERNING LAW, DISPUTE RESOLUTION: The Contest will be governed by California law. Any and all disputes regarding the Contest or these Official Rules will be settled by final and binding arbitration in Anaheim, California, pursuant to the rules and procedures of the American Arbitration Association (in the case of Puerto Rico, any and all disputes can be filed before DACO).
12. GENERAL: Each person who participates in the Contest fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Promotion Sponsor, which shall be final and binding in all respects.
13. SPONSOR: The Sponsor of the Contest is Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806.
By participating in the Contest, each Entrant agrees to indemnify and hold harmless all Contest Entities (defined as the Promotion Sponsor, and all sponsors and administrators of the Contest, along with their respective parent entities and subsidiaries, affiliates, successors, assigns, directors, officers, employees, attorneys and agents) from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the Contest, or acceptance, possession, use, misuse or nonuse of any prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. By accepting a prize, each winner further releases all of the Contest Entities from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity