Modish – Giveaway Contest Terms & Conditions
1. No Purchase Necessary: No purchase necessary to enter or win. The modishstore.com 5 Days of Giveaway (“Giveaway”) shall be construed and evaluated according to the laws of the State of California. Void where prohibited.
2. Eligibility: The Giveaway is eligible to all legal residents of the United States and/or District of Columbia who live in the United States and/or District of Columbia, who are (18) years of age or older at the time of entry and who have Internet access and a valid e-mail account at the time of entry. Entrants must submit all required information to be eligible to win. Entries missing required information will be disqualified. All past and current employees of Modishstore, Inc., and their immediate relatives are not eligible to participate. To be eligible, entrants must sign up during the Giveaway period and provide his/her valid and working e-mail address. Auto-generated emails will be disqualified. Entrant agrees that he/she may receive e-mails from Modishstore and/or its affiliates/brands. If you do not wish to receive these e-mails, you may “opt-out” or “unsubscribe” from these e-mails by following the instructions contained in the e-mail.
3. Giveaway Entry: The Giveaway period begins at 12:01 a.m. Central Standard Time on December 9, 2015 and all entries must be received by 11:59 p.m. Central Standard Time on December 13, 2015 (the “Giveaway Period”). You can enter the Giveaway through http://www.modishstore.com/pages/5-days-of-exciting-contests. You may enter the Giveaway by entering your valid and working e-mail address and first name. You may enter the Giveaway one (1) time during the Giveaway Period. The following prizes (the “Prizes”) will be awarded (dollar amount does not include taxes and other fees each winner may incur):
This does not include taxes and other fees the winner may incur. Modishstore has no obligation to post or otherwise use any entry or submission from a Giveaway entrant (“Submission”) and has no obligation to advise an entrant of an incomplete or otherwise non-compliant entry. Receipt of entries will not be acknowledged nor will proof of Submission of an entry be deemed proof of receipt. Modishstore and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for
- Lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete, delayed, or undelivered Submissions, all of which will be void;
- Any typographical or other errors in the offer or administration of the Giveaway, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize;
- Any unauthorized third party use of any Submission; or
- The conduct of any participant or other person appearing in any Submission.
4. The winner will not be allowed to opt for cash/ gift card in exchange for the prizes. Each day a winner will be announced out of the entries from the start of the contest to the day of drawing of the prize. For eg – On day two , all submissions for day one and two will be considered for the draw of lots to find out the winner.
5. Systems: If for any reason this Giveaway is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Modishstore which corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Giveaway, Modishstore reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and to cancel, terminate, modify or suspend the Giveaway. Modishstore is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Giveaway or downloading any materials in this Giveaway. In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
6. Winner Notification and Acceptance: One winner will be selected at random using Rafflecopter.com promptly after the official closing of each day of the Giveaway starting from December 9, 2015. The entry into the raffle will be for all people upto that date of contest. Need not be present to win. The drawings will be conducted using all eligible entry forms. The winners will be contacted by Modishstore. The odds for the drawing will depend on the number of eligible entries received for the drawing. The winner’s first name may be publically shared on the websites and webpages owned or controlled by Modishstore, including its social media presence (i.e., Facebook, Twitter, etc.). Modishstore will not be responsible for incomplete, lost, past-due, misdirected or illegible entries. The winner must claim the Prize within 3 business days after the date of notification of such Prize. A winner’s failure to respond to the Prize notification within the specified 3 business days will be considered such winner’s forfeiture of the Prize, and an alternate winner may be selected from the pool of eligible entries. If an entrant is found to be ineligible, an alternate winner may also be selected from the pool of eligible entries.
A winner may be required to complete an affidavit of eligibility and a publicity release, which must be returned within five (5) days of date of postmark. Failure to sign and return the affidavit or release within five (5) days, or to comply with any term or condition of these official rules, may result in winner’s disqualification, the forfeiture of his or her interest in the Prize, and the award of the Prize to an alternate winner. Except where prohibited, participation in the Giveaway constitutes entrant’s consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation. Return of the Prize notification as undeliverable may result in disqualification and an alternate winner may be selected. The winner may waive their right to receive the Prize. The Prize is nonassignable. No substitutions are allowed.
Winner is solely responsible for reporting and payment of any applicable federal, state, and local taxes and will need to complete a W-9 form before receiving the Prize.
8. INDEMNIFICATION AND LIMITATION OF LIABILITY:
YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS MODISHSTORE AND ITS PARENT, AFFILIATES, AND SUBSIDIARY COMPANIES, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES, INJURY, COSTS AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND DISBURSEMENTS) (“CLAIMS”) RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM YOUR PARTICIPATION IN THE GIVEAWAY, THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT YOU MAY WIN, OR FROM MODISHSTORE’S USE OF THE SUBMISSION (INCLUDING, WITHOUT LIMITATION, ANY THIRD PARTY CLAIMS THAT YOUR SUBMISSION INFRINGES, MISAPPROPRIATES OR OTHERWISE VIOLATES THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS). MODISHSTORE SHALL RETAIN CONTROL OVER THE DEFENSE AND SETTLEMENT OF ANY THIRD PARTY CLAIMS. MODISHSTORE AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF ANY PRIZE. MODISHSTORE AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING
AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE GIVEAWAY, AND YOU HEREBY WAIVE, ANY CLAIM FOR SPECIAL, CONSEQUENTIAL, INDIRECT, PUNITIVE, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED INCOME, LOST REVENUES OR LOST PROFITS), ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE BREACH HEREOF BY MODISHSTORE OR ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING OR PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS.
9. General Release: By entering the Giveaway, entrants release Modishstore and its respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Giveaway or with the acceptance, possession or use the Prizes (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light).
10. Sponsors: This Giveaway is sponsored by Primus Web LLC , Inc. (whose decisions regarding the selection of winners and all other aspects of the Giveaway shall be final and binding in all respects. Modishstore will not be responsible for typographical, printing or other inadvertent errors in these official rules or in other materials relating to the Giveaway. If you have any questions regarding this Giveaway, please contact the Giveaway coordinator at firstname.lastname@example.org.
11. Choice of Law: By entering the Giveaway, entrant agrees that any claim of dispute will be decided in accordance with the laws of the State of California; entrant further agrees that all disputes will be settled by binding arbitration, in California, subject to the rules of the American Arbitration Association.