THE HER UNIVERSE FASHION SHOW 2021 DESIGN COMPETITION (“Contest”)
Official Rules and Regulations
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. This Contest is intended for participation only by U.S. legal residents of one of the 50 United States, including the District of Columbia, or Canada. VOID IN THE U.S. VIRGIN ISLANDS AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS, AND WHERE PROHIBITED BY LAW.
- SPONSOR: This Contest is sponsored by HU Merchandising, LLC, (“Sponsor”) 18305 E. San Jose Avenue, City of Industry, CA 91748.
- CONTEST PERIODS: Submissions will be accepted starting March 18, 2021 at 12:00 AM Pacific Time (“PST”) and ending April 2, 2021 at 11:59 PM PST (the “Contest Submission Period“).
- ELIGIBILITY: To enter and be eligible to win, you (“Entrant”) must: (a) be a legal resident of the 50 United States or the District of Columbia or Canada; (b) be the age of majority or older; and (b) have a valid email address. Persons in any of the following categories are NOT eligible to enter or win: (i) residents of the U.S. Virgin Islands or any of the other U.S. territories and possessions; (ii) any person who, at any time on or after April 2, 2021, was or is a director, officer, agent,
representative, or employee of HU Merchandising, LLC (“Her Universe“), Hot Topic, Inc. and/or Hot Topic, Inc. d/b/a BoxLunch or its respective parents, affiliates, subsidiaries, or service agencies; (iii) individuals engaged in the development, production or distribution of materials for the Contest or engaged in the administration or execution of this Contest, including any additional sponsors (collectively, the “Contest Entities“), and (iv) persons who are or purport to be immediate family members (defined as biological or step-mother, father, sister, brother, daughter, son, dependent or spouse of any of the foregoing, regardless of where they reside) of any person in any of the preceding categories, regardless of where they live, or who reside in the same household (i.e., live in the same household for at least 3 of the 12 months preceding the start of the Contest Submission Period, whether related or not) as any person in categories (ii) or (iii). This Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
- HOW TO ENTER: During the Contest Submission Period,
visit: http://heruniverse.com/fashionshow (the “Website“) and submit an entry as a PDF or JPG file not to exceed 5MB in size. The Website will contain a description of the Contest, including details concerning the Submission. Each Entrant must create their Submission using original materials and the authorized content, graphics, designs and materials provided on the Website (“Sponsor Materials“). Only one submission form permitted per Entrant. Entrants may submit one (1) to three (3) designs with the submission form (collectively, the “Submission“). However, only one design, if any, per Entrant will be chosen as the winning design. Odds of winning depends on the number of entries received, and the judged level of creativity, originality and relevance, per the judges’ criteria, of the entry submission.
- PRIZE: Two (2) winners will receive Five Hundred Dollars ($500.00) (“Prize“) each. Sponsor reserves the right, in its sole discretion, to consider or provide the opportunity to any winner or Entrant, to design an exclusive collection for Her Universe. This opportunity is NOT part of the Contest or Prize and will require a separate agreement between Sponsor and Entrant.
- SUBMISSION REQUIREMENTS:
- Submissions must be “Geek Couture” fashion, not a costume, and can be based on anything that is celebrated at Comic-Con. Submissions must be wearable and meet the following “Submission Requirements“: (i) excluding the Sponsor Materials, each Submission must be Entrant’s own, original, previously unpublished work, (ii) the Entrant must provide upon request all appropriate clearances, permissions and releases for the Submission (in the event an Entrant cannot provide all required releases in a form and substance approved by or acceptable to Sponsor in its sole discretion, Sponsor reserves the right, in Sponsor’s sole discretion, to disqualify the applicable Submission, or seek to secure the releases and clearances for Sponsor’s benefit, or allow the applicable Submission to remain in the Contest); and (iii) the Submission must not include content that is obscene, pornographic, libelous or otherwise objectionable, as determined by Sponsor, in its sole discretion.
- Submissions must be received within the Contest Submission Period. No substitutions or new versions of Submissions will be accepted under any circumstances once the original Submission is submitted for consideration. All Submissions and any other communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Any Submission that, in Sponsor’s good faith judgment, violates the Submission Requirements, may be disqualified.
- By entering the Contest, each Entrant acknowledges and agrees that: (i) Sponsor is granting Entrants a limited, non-exclusive, non-transferable, non-sublicensable, revocable, royalty-free license to use the Sponsor Materials solely in connection with, and solely as a part of, the Contest, (ii) Entrants shall have no right, title or interest in the Sponsor Materials, and (iii) any use of the Sponsor Materials, other than as permitted by these Official Rules, may infringe upon Sponsor’s intellectual property rights or those rights officially granted to Sponsor. Entries that are not compliant with these Official Rules are subject to disqualification, at the sole and absolute discretion of the Sponsor.
- JUDGMENT CRITERIA: All Submissions will be reviewed beginning 12:01 AM PST on April 3, 2021 and shall continue until 11:59 PM PST on April 14, 2021 (“Judging Period”). During the Judging Period, the judging panel will review the eligible Submissions to determine the potential finalists. Assuming a sufficient number of eligible Submissions are received, Sponsor or its designee will make the final selection of up to twenty-five (25) finalists (each, a “Finalist“) using criteria that is consistent with couture design that is not considered a costume. The design must embody the spirit and goal of the Her Universe brand, must be creative, original, including any additional criteria it so chooses in its sole and absolute discretion for determining who should get the opportunity to participate in the Fashion Show. Such decision shall be final, binding and not subject to challenge or appeal.
- WINNER NOTIFICATION: Each Finalist will be notified no later than April 16, 2021, by telephone, skype, video chat, e-mail, and/or mail using the contact information provided at the time of entry after. Sponsor may record any such phone call, skype conversation or video chat to document each potential Finalist’s reaction. If any potential Finalist does not respond within the time required by Sponsor, or if the Finalist notification is returned as unclaimed or undeliverable to any potential Finalist, such potential Finalist will forfeit his or her opportunity and an alternate Finalist may be selected. If any potential Finalist is found to be ineligible, or if he or she has not complied with these Official Rules or declines the opportunity for any reason, such potential Finalist will be disqualified and an alternate Finalist may be selected.
- FINALIST REQUIREMENTS: If you become a Finalist the following will be required in order for you to be eligible to participate in this Contest:
- Finalists will be responsible for paying all expenses related to their participation in the Fashion Show including, but not limited to, designing & manufacturing the Submission, model and model preparation (styling, hair, makeup, etc.), and any and all filming requirements related to the virtual runway. In the event a Finalist cannot film, manufacture or participate in, the Fashion Show on the dates designated by Sponsor in its sole discretion, the Finalist shall forfeit his or her opportunity to participate in the Fashion Show and an alternate Finalist may be selected. Each Finalist will be required to film their Submission for a virtual runway due June 4, 2021, terms of the filming will be provided once the Finalists are announced.
- Finalists will be asked to submit materials such as video diaries, biographies, and other information by specific deadlines. Reasonable deadlines will be set so that all Finalists will have adequate time to provide additional material. Finalists who do not deliver the requested materials, or who or do not show up for rehearsals, may be disqualified at the sole discretion of Sponsor.
- RESPONSIBLE BEHAVIOR. In the event the Finalist engages in behavior that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right, in its sole discretion, to terminate the Entrant’s involvement in the Contest or other applicable experience early with no further compensation. Sponsor reserves the right, in its sole discretion, to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner. Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
- ADDITIONAL REQUIREMENTS. Each potential Finalist may be required to execute an Affidavit of Eligibility, a Liability Release, a Publicity Release, a Designer Agreement, and a background check authorization form all in a form and substance acceptable to the Contest Entities (collectively, “Finalist Participation Documents“). If a Finalist fails or refuses to sign and return all Finalist Participation Documents within five (5) days after being notified that he or she has been selected as a potential Finalist (or a shorter time if required by exigencies), the Finalist may be disqualified and an alternate Finalist may be selected.
- CONDITIONS OF ENTRY AND ACKNOWLEDGMENTS:
- Entrants agree that the Contest Entities (i) shall not be responsible or liable for any losses, damages or injuries of any kind (including death) resulting from participation in the Contest or any Contest-related activity. Entrants will indemnify, defend and hold harmless the Contest Entities from and against all third party claims arising out of or relating to Entrant’s Submission. Sponsor assumes no responsibility for any damage to an Entrant’s computer system which is occasioned by 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.
- Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, postage-due, damaged, or stolen Submission or prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information.
- In the event an insufficient number of eligible Submissions are received or Sponsor is prevented from awarding prize(s) or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated for Force Majeure before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination
- These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsor. The invalidity or unenforceability of any provision of these Official 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.
- Taxes on prizes and all expenses related to acceptance and use of prizes and not specified are the sole responsibility of the Finalists and winners.
- These rules and the decisions of Sponsor shall be final in all respects relating to this Contest and the Fashion Show. Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify or change any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
- Each person who enters this Contest represents and warrants as follows: (i) excluding the Sponsor Materials, the Submission is the Entrants own, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus, and is otherwise uncorrupted; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous; and (v) the use of the Submission as set forth herein will not give rise to any claims for any payment whatsoever. Each Entrant hereby agrees to indemnify and hold the Contest 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, covenants, obligations or agreements of Entrant hereunder.
- The relationship between the Entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the Entrant’s decision to provide the Entrant’s Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the Entrant’s Submission. Each Entrant understands and acknowledges that the Contest Entities have wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees.
- Each Entrant also acknowledges that many ideas or stories may be competitive with, similar or identical to the Submission and/or each other in theme, idea, plot, format or other respects.
- Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material.
- Each Entrant acknowledges and agrees that the Contest 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 Contest 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.
- The Contest Entities shall have no obligation (express or implied) to use or exploit any Submission and the Contest Entities may at any time abandon the use of the Submission for any reason, with or without legal justification or excuse, and Entrants shall not be entitled to any damages or other relief by reason thereof.
- Entries may only be made by an individual. Any entries from an entity or from a contest entry or service site shall be invalid, and any finalist or winner who enters by any of the methods described above will be disqualified and an alternate winner selected. Use of any device to automate entry is prohibited.
- If a Contest Entity shall desire to secure additional assignments, certificates of engagement for the Submission or other documents as a Contest Entity may reasonably require in order to effectuate the purposes and intents of these Rules, then each Entrant agrees to sign the same upon the Contest Entity’s request therefore.
- Sponsor reserves the right in its sole discretion to disqualify any entry at any time in the event it is determined that the Entrant has not complied with these Official Rules. Sponsor reserves the right in its sole discretion to cancel the Contest and/or the Fashion Show in its entirety if an insufficient number of qualified entries (as determined by Sponsor) are received.
- SPONSOR’S RIGHTS IN THE SUBMISSIONS: By participating you assign and agree to assign Sponsor and Sponsor’s assignees, all rights, title and interest in and to the Submission or design to the extent it contains Sponsor Materials and agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Sponsor on the grounds that any use of the Submission containing the Sponsor Materials infringes any of your rights as creator of the Submission.
- GOVERNING LAW AND DISPUTE RESOLUTION: This Agreement shall be governed by the laws of the State of California applicable to contracts entered into and to be performed within said State, without regard to the conflicts of law principles thereof. The parties further agree that venue and jurisdiction over any actions arising out of or related to this Agreement shall lie exclusively with the courts located in and having jurisdiction over Los Angeles County, California, and hereby submit to the jurisdiction thereof. Except with respect to any claim for equitable relief (the pursuit of which shall not be subject to the provisions of this arbitration provision), all claims and disputes arising under or relating to this Agreement, are to be settled by binding arbitration in the state of California, County of Los Angeles, or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association located at www.adr.org. Any such arbitration shall be conducted by a single arbitrator experienced in the entertainment or commercial contracts industry. The arbitrator shall have no authority to award punitive, consequential, or special damages. The arbitrator shall not be entitled to issue injunctive and other equitable relief. The party initiating the arbitration shall be responsible for the initial filing fee. Thereafter each party shall split the cost and fees of the arbitrator, including any administrative fees. All other fees and costs, including attorneys’ fees, shall be borne by each party. The demand for arbitration shall be made within a reasonable time after the claim, and in no event shall it be made after one year from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. Any party may enforce the arbitrator’s award in a court of competent jurisdiction. This Section shall survive the termination or cancellation of this Agreement.
THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.
BY PARTICIPATING IN THE CONTEST, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS, INCLUDING WITHOUT LIMITATION LEGAL CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES, DEMANDS OR ACTIONS OF ANY KIND (INCLUDING WITHOUT LIMITATION PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OR PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION, OR PORTRAYAL IN A FALSE LIGHT) (COLLECTIVELY, “CLAIMS”), WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (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, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.
- Sponsor reserves the right in its sole discretion to cancel, modify or suspend this Contest at any time if fraud, technical failures, including any network server or hardware failure, viruses, bugs, errors in programming, or any other errors or other causes corrupt the administration, security, integrity or proper play of the Contest and, if cancelled, at Sponsor’s discretion, to select the Winners from all eligible entries using the procedure outlined above.
- Sponsor does not warrant that access to the Contest will be uninterrupted. Sponsor is not responsible for any problems that may arise, including but not limited to; (a) lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, Websites, or other connection, availability or accessibility problems arising in connection with or over the course of the Contest; or (b) communications failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions or hardware or software malfunctions, failures or difficulties; or (c) failure of personal computers and/or software and hardware configurations, any technical malfunctions, failures, or difficulties, printing errors, clerical, typographical or other error in the offering or announcement of any prize or in any prize notification documents; or (d) for any other errors of any kind relating to or in connection with the Contest, whether human, mechanical, clerical, electronic, or technical or otherwise, including, without limitation, any errors which may occur in connection with the administration of the Contest, the processing of registrations or entries, the uploading of submissions, the judging of entries, the tabulation of scores, the announcement of the prizes or in any other Contest-related materials; or (e) the incorrect or inaccurate capture of information, or the failure to capture any information in connection with the Contest; or (f) damage to a user’s computer system occasioned by participation in this Contest or downloading any information necessary to participate in this Contest.
- Any attempt by an Entrant or other individual to deliberately damage any website or undermine the legitimate operation of this Contest, including but not limited to any fraudulent claims, is a violation of criminal and civil laws. Should such an attempt be made, Sponsor reserves the right to seek remedies and damages from any such individual, to the fullest extent permitted by law, including criminal prosecution. Entrant engaging in any of the foregoing activities may be disqualified, will forfeit any prize(s) won, and all associated Entries and/or scores will be void.
- In the event of any conflict with any Contest details contained in these Official Rules and Contest details contained in Contest Materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media), the details of the Contest as set forth in these Official Rules shall prevail.
- The invalidity or unenforceability of any provision of these Official 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 Official 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. In particular, Sponsor’s employees are not authorized to waive, modify or amend any provision or provisions of these Official Rules in any manner whatsoever.
- For a list of the Prize Winners, send a self-addressed postage stamped envelope to: “Her Universe Fashion Show Design Competition – Winners List Request”, Her Universe, 18305 San Jose Ave, City of Industry, CA 91748, to be received by January 31, 2021.
- To see how we use personal information obtained in connection with this Contest, please visit http://www.heruniverse.com/customer-service/privacy-policy/ Personal information may be collected, used or disclosed. Neither Sponsor nor Contest Entities will sell, share or otherwise disclose personal information of Entrants with third parties or agents, other than to third parties or agents engaged by Sponsor to fulfill the above purposes or as permitted or required by the applicable laws. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
1The age of majority is 18 for all states except for: Alabama (19), Arkansas (18 or graduation from high school, whichever is later), Delaware (19), Mississippi (21), Nebraska (19), Nevada (18, or if still in high school at 18, 19 or graduation, whichever comes sooner), Ohio (18 or graduation from high school, whichever comes first), Tennessee (18 or graduation from high school, whichever is later), Utah (18 or graduation from high school, whichever is earlier), Wisconsin (18, or if still in high school at 18, 19 or graduation, whichever comes sooner).
Protected: The Her Universe Fashion Show 2021 Design Competition Official Rules was last modified: March 16, 2021 by Jeremy Gallas
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