1. Eligibility.
The UsTrendy.com Spring 2009 Fashion Design Competition (the "Contest") is only open to girls who are attending high school. Employees, representatives and contractors of UsTrendy, ("Sponsor"), any affiliated companies, prize suppliers, advertising and promotion agencies, the immediate family members of such companies (regardless of where they reside) and individuals living in the same households of each of these individuals are not eligible. The Contest is void where prohibited or restricted by law, and is subject to all applicable federal, state and local laws, rules and regulations. By participating in the Contest, you agree to comply with and be bound by these Official Contest Rules (the "Rules"), and the decisions of the administrators and Sponsor of the Contest, which shall be final and binding in all respects.
2. How to Enter.
To enter the Contest, you must first register as a fan and become a member of UsTrendy.com (the "Website"). For detailed information regarding registration, please refer to the Website. Once you have become a registered member of UsTrendy.com, you must log in to the Website and enter into prom dress giveaway. (via the Prom Dress Giveaway section of your UsTrendy.com) designs. All entrants must be entered between 12:01 a.m. EST on March 1st and 11:59 p.m. EST and April 7th. Sponsor reserves the right to reject entries, without notice, that it deems, in its sole discretion, to be inappropriate.
3. Copyright.
Sponsor maintains a zero tolerance copyright infringement policy.
Phase 1: During the Entry Period (as described in Section 2 above), Website users will be asked to enter competition and rate the dresses on a scale of 1 to 5 stars (1 star being the lowest rating). The voting is IP restricted and only allows each IP address to vote once per item.
For each vote, the user will receive 2 trendy points. The final score will be calculated from the combination of the total number of votes and subsequent number of trendy points. On or about April 7th, the top five entrants with the highest trendy points scores will be announced on the Website as the winners.
On April 7thtop ten dresses will also be announced. The final score will be calculated from the combination of the total number of votes and the star rating. On or about DATE, the top ten dresses with the highest scores will be announced on the Website as the Finalists.
The Winners will receive UsTrendy prom dresses chosen form the top ten Finalist dresses free of charge.
4. Notification of Finalists & Winner.
UsTrendy will notify the finalists and winners via their email address as listed in his/her UsTrendy.com account.
5. Prizes.
The total prize pool for the Contest is approximately 5 prom dresses, which will be given away.
- The five Winners with most Trendy Points will each receive a prom dress free of charge.
Where applicable, all federal, state and local taxes that may be owed on any prize are the sole responsibility of the winner. No transfers or substitution of prizes will be permitted except at the sole discretion of the Sponsor, who reserves the right to substitute a prize (or a portion thereof) of comparable or greater value.
6. Odds of Winning.
The odds of winning depend upon the number of Trendy Points gained during prom dress giveaway time period. Trendy points gained prior to prom dress giveaway are not considered in contest.
7. Limitation of Liability & General Conditions.
Where permitted by law, by entering the Contest, you agree to the Sponsor's (and those acting pursuant to Sponsor's direction of control) right to use to your name, picture, likeness, biographical information and design(s) submitted (whether in whole or in part) for advertising, and promotional purposes, worldwide, in perpetuity, in print, broadcast and in any media now known or hereafter developed, including the Internet, without additional consideration and without notification, review or approval, except where prohibited by law.
Participants further agree to release, indemnify and hold harmless the Sponsor, administrator(s), judges, affiliates, advertising and promotional agencies, and each of their respective directors, employees, representatives and agents (collectively, "Releasees"), from and against any and all liability arising from any injuries, loss or damage of any kind, arising in whole or in part, directly or indirectly, from (i) acceptance, possession, use or misuse of any prize, (ii) participation in the Contest or participation in any Contest related activity, and/or (iii) Sponsor's use, commercialization, distribution, marketing and sales of the Winning Collection. Releasees are not responsible for technical, computer, mechanical, printing, typographical, human or other errors or omissions relating to or which may arise in connection with the Contest including, without limitation, errors which may occur in connection with the submission of designs, the administration of the Contest, the announcement of the winner; or for stolen, lost, late, misdirected, damaged, incomplete, inaccurate, undelivered, delayed or illegible entries.
The Sponsor reserves the right, at its sole discretion, to disqualify any individual it determines, in its sole discretion, has tampered with the entry process or the operation of the Contest in any manner or is in violation with these Rules. In the event that Sponsor, in its sole discretion, finds that the Contest is compromised, becomes corrupted in any way or is not capable of running as planned due to unauthorized intervention, fraud, technical failures or any other causes which affect the administration, security, fairness, integrity or proper conduct of the Contest, as determined by the Sponsor in its sole discretion, the Sponsor reserves the right to cancel, terminate, modify or suspend the Contest, in whole or in part. As a condition of entering the Contest, participants agree that under no circumstances will participants be permitted to obtain awards for, and participants hereby waive all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; all causes of action arising out of or connected with the Contest or any prize awarded shall be resolved individually, without resort to any form of class action; and any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall participant be entitled to receive attorneys' fees or other legal costs.
8. Choice of Law:
This Contest and all of the elements contained herein shall be governed and construed in accordance with the laws of the State of Massachusetts, without regard to its choice of law or conflict of law provisions. Any and all proceedings arising from this Contest, Sponsor's actions with respect to the Winning Collection or otherwise shall be litigated, exclusively, in the state and federal courts within in the State of Massachusetts, and the parties hereby submit to the exclusive jurisdiction of such courts and agree they are a convenient forum. EACH PARTY WAIVES THE RIGHT TO TRIAL BY JURY IN ANY ACTION ARISING OUT OF OR RELATED TO THIS CONTEST.