2012 WHAT MAKES HER FAMOUS OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE WILL NOT IMPROVE CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. How to enter: The What Makes Her Famous Contest (the "Promotion") is open from 12:00:01 a.m. Eastern Time (ET) on September 13, 2012 to 11:59:59 p.m. Eastern Time (ET) on October 14, 2012 ("Entry Period"). No purchase is necessary.
During the Entry Period, visit the website located at www.cache.com, complete the required registration information, including your first name, last name, telephone number, and email address, and your nominees name and email address (collectively the Entry Information), and include an original essay where indicated, nominating an individual (the Nominee) who you believe should be famous, and answering the question Who do you feel should be famous, and why? (Essay). Essays are limited to One Thousand (1,000) characters or less, and must be in the English language. Photographs and other information included or attached to the entry will not be considered in determining the winner of this Promotion. Entries must be received by 11:59:59 p.m. ET on October 14, 2012 to be eligible.
Limit: One entry per person and per email address during the Entry Period.
Essays, including the facts contained therein, must be truthful and not in any way a work of fiction. Essays may not include inflammatory or derogatory language, must not infringe any third partys rights, may not be lewd, obscene, pornographic, or disparaging to Sponsor, and may not otherwise be inappropriate, irrelevant, or defamatory, at Sponsors sole discretion. Once an entry has been submitted, an entrant will not be permitted under any circumstances to submit substitutions and/or new version(s) of his/her entry.
2.
Eligibility: The What Makes Her Famous Contest is
sponsored by Cache, Inc. (Sponsor) and only individuals, who are residing in
the fifty United States or the District of Columbia, who are 18 years of age or
older as of the commencement of the Entry Period, are eligible to enter the
Promotion. Employees of Sponsor,
Sponsors subsidiaries and sales representatives, as well as those involved in
the development, production (including prize suppliers), implementation and distribution
of this Promotion, and their advertising or promotion agencies, parent
companies, agents, officers, subsidiaries, service providers and affiliates, and
any other persons or entities directly associated with this Promotion
("Promotion Entities") and members of the immediate families and/or
persons living in the same household as such persons are ineligible to enter
the Promotion or win the prize.
4.
Winner
Selection and Notification:
At the conclusion of the Entry Period, the Sponsor and the Sponsors judging
panel will score all eligible entries received during the Entry Period based on
the follow criteria: Relevance to the
Theme (50%), Sincerity (25%), and Quality of Writing in Essay (25%). The ten (10) entries with the highest overall
scores will be potential winners and Sponsor or its agent will contact
potential winners to verify continued eligibility, and Sponsor may post the
names of the verified potential winners and their entries on its website
located at www.cache.com. Potential winners will only be eligible for
consideration and selection as the winner of this Promotion if the Nominee
named in the potential winners Essay agrees in writing to these Official
Rules, the terms contained herein, and to participation in this Promotion
(collectively the Nominee Terms).
Nominees may be required to provide a signed statement on a form to be
provided by Sponsor, or as otherwise requested by Sponsor, averring to such Nominees
agreement to the Nominee Terms, which must be received by Sponsor within five
(5) business days of the date such agreement is requested by Sponsor, or the
applicable entrant will not be eligible to continue to participate or to win. Failure of Nominee to comply with this term
will result in disqualification of the potential winner and an alternate
potential winner may be selected. On or
about November 5, 2012, Sponsor or Sponsors agents will select the winner from
the verified potential winners based on the following criteria: Relevance to
the Theme (50%), Sincerity (25%), and Quality of Writing in Essay (25%). In the event
of any tie, the Sponsor will determine the winner or higher scoring entry by
choosing the entry among the tied entries with the highest Relevance to the Theme
score. The decision of the Sponsor is
final, and Sponsor is not required to give an explanation for its
selection. The winner and any potential
winner may be notified by email at the email address submitted with the winning
entry. If the winner or Nominee cannot
be contacted after a reasonable effort has been exerted within five (5)
business days from the date of the winner selection, if he or she is contacted
and refuses the Prize or refuses participation, is found to be ineligible, or
if he/she cannot or does not comply with these Official Rules, including
providing any requested signed documents, such winner may be disqualified and
an alternate winner may be selected. Nominee
will also be required to sign a release of liability and publicity at least
fourteen (14) days before participating in the Prize event.
5. General Conditions: This Promotion is subject to all applicable federal, state, and local laws and regulations. Return of Prize or Prize notification as undeliverable will result in disqualification of the winner and an alternate winner may be selected. If for any reason the winner is not available or eligible to claim the Prize, or refuses the prize, the Nominee named in the winners Essay will also forfeit the Prize and any rights to the Prize, and a new winner will be selected. The copyright of any Essay shall remain the property of the entrant, but entry into this Promotion constitutes entrants irrevocable and perpetual permission and consent, without further compensation, required permission, or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, edit, or display such Essay for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor, the Promotion Entities, and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in the Essay. Unless prohibited by law, acceptance of Prize constitutes (i) permission for the Sponsor and its agents to use the winner's and the Nominees name, address (city and state), statements, comments, answers to questions, Essay, Entry Information, biographical information, voice, photo, likeness, status as the winner or potential winner or Nominee of the Promotion, and any other materials supplied or provided by the winner or the Nominee in connection with the Promotion for advertising and trade purposes without further compensation, worldwide and in perpetuity, in any and all forms of media, now known and hereafter devised, including without limitation online and utilizing social media platforms, software and services; and (ii) releases by the winner and the Nominee named in the winning entry of the Sponsor and the Promotion Entities of any and all claims arising out of or in connection with the administration of this Promotion, the use, misuse, and/or possession of his/her entry, and/or acceptance, possession and/or use or misuse of the Prize. Any potential winner, and the Nominee named in the winning entry, may be required to sign and return to Sponsor an affidavit of eligibility and a liability/publicity release within ten (10) days after the date that Sponsor first attempts to notify the potential winner. Entries become the sole property of Sponsor and will not be returned. Proof of deposit or sending of entry will not be deemed to be proof of receipt by Sponsor. Correspondence and inquiries regarding this Promotion will not be acknowledged or answered.
Any person attempting to defraud Sponsor or in any way tamper with this Promotion will be ineligible for the Prize and will be prosecuted to the full extent of the law. Sponsor is not responsible for lost, late, illegible, misdirected, mutilated, incomplete, or defective entries, malfunctions of electronic equipment, computer hardware or software, including any technology failure or human error. Sponsor has the right to cancel, terminate or modify this Promotion if it cannot be completed as planned due to computer virus, bugs, tampering, unauthorized intervention, technical failures, or other conditions beyond Sponsor's control, and to select winners from eligible entries received on or before the termination date. Sponsor is not responsible for any failure to contact entrants, whether due to technical or human error. Sponsor reserves the right to modify, suspend, or terminate the Promotion in the event that it becomes infected by a computer virus or otherwise technically impaired. Sponsor also reserves the right to eliminate any entry that does not adhere to the terms and conditions of these Official Rules, uses inflammatory or derogatory language, infringes any third partys rights, or that is lewd, obscene, pornographic, or disparages Sponsor, or that is otherwise inappropriate, irrelevant, or defamatory at Sponsors sole discretion, and any such entry may be disqualified from the Promotion and eligibility from receiving the Prize. A signed statement from the winner may be required averring that the entry complies with all applicable laws before the Prize is awarded. Void where prohibited by law.
This Promotion is subject to these
Official Rules. By entering the Promotion, entrants agree to waive any right to
and release Sponsor and Promotion Entities from any claim of ambiguity or error
in the Official Rules or the Promotion itself, and agree to be bound by these
Official Rules and by all decisions of the Sponsor, which are final and binding
in all respects. By entering the
Promotion, entrants affirm that they have read, accepted, and agree to these
Official Rules.
Disclaimers: By entering this Promotion, entrants agree (i) that Sponsor and Promotion Entities shall not be liable for losses or injuries of any kind resulting from acceptance, possession, use, or misuse of Prize, participation in this Promotion, or any technical malfunctions of the telephone network, computer online system, computer dating mechanism, software, or any combination thereof, or any illegible, damaged, lost, late (including delayed transmissions), mutilated, forged, destroyed, tampered with, misdirected, incomplete, or entries otherwise not in compliance with these Official Rules, and such entries will be disqualified; (ii) to assume sole liability for injuries, including personal injuries and/or damage to person or property, caused or claimed to be caused by participating in this Promotion or the acceptance, possession, shipping and handling, loss, use or misuse of any Prize awarded; (iii) to be bound by the Official Rules and the decisions of the Sponsor; and (iv) to be contacted by Sponsor or its agents by mail, email, and/or telephone concerning this Promotion. Entrants represent and warrant that the Essay is the original work of each such entrant, that the contents of the Essay, including the facts contained therein, are truthful and not in any way a work of fiction, that no part of the Essay has been copied from others, and that the Essay does not violate the rights of any other person or entity. In the event any other person or entity claims entrants Essay or any information contained or submitted with entrants entry infringes any third party rights, or otherwise violates any law, entrant agrees to indemnify and defend Sponsor and the Promotion Entities against any and all liabilities, claims or causes of action (including without limitation any award of damages or other judgment by a court of competent jurisdiction), demands, losses, damages, costs or expenses arising out of or in connection therewith. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed to be submitted by the person who is the authorized subscriber of the email account designated on the winning entry. The formation, interpretation and performance of this agreement shall be governed by the laws of the State of New York applicable to agreements made and to be performed by New York residents entirely within the State of New York without regard to its conflicts of law provisions, with venue in New York, New York. Entrants agree that any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys fees; and entrants hereby waive all rights to claim punitive, incidental, and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased, SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. In conducting this Promotion, Sponsor may collect personal information from entries, including but not limited to the Entry Information, provided by entrants when entering the Promotion. Except as otherwise provided herein, the information collected is subject to the privacy policy located at: http://www.cache.com/concierge/privacy-policy.
6. Winner List: Winner List requests will only be accepted after the winner has been announced, and no later than December 1, 2012. For the winner list, send an email with subject line What Makes Her Famous 2012 Winner List to famous@cache.com before December 1, 2012.
A copy of these Official Rules may be obtained online at www.cache.com/facebook.