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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 nominee’s 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 party’s rights, may not be lewd, obscene, pornographic, or disparaging to Sponsor, and may not otherwise be inappropriate, irrelevant, or defamatory, at Sponsor’s 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, Sponsor’s 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.

  1. Prize/Odds of Winning:  There is one (1) Grand Prize Cache Shopping Spree with a celebrity stylist for the winner and winner’s Nominee (winner and winner’s Nominee to redeem and use such Shopping Spree at the same time and location, together with a celebrity stylist).  Prize consists of one (1) Cache Gift Card each for the winner and the winner’s Nominee, and valued at One Thousand Dollars ($1,000.00) each, and celebrity stylist services for winner and winner’s Nominee during the Cache Shopping Spree event with an Approximate Retail Value (“ARV”) Two Thousand Dollars (USD $2,000.00) (the “Prize”).  The Prize will be awarded to the winner, to be shared only with the Nominee named in the winner’s Essay as winner’s guest, as described above.  The celebrity stylist will be selected by Sponsor, in Sponsor’s sole discretion, and the Cache Shopping Spree will be held at the Cache store location which is closest to the mailing address listed in the Entry Information as determined by Sponsor, or at the Cache store location in which the winner shops most frequently, as determined by sales receipts provided by winner to Sponsor; however, in the event of any discrepancy regarding the applicable Shopping Spree location, such location will be determined by Sponsor in Sponsor’s sole discretion.  Sponsor will arrange for the celebrity stylist and shopping spree event on a date that is mutually agreeable to the winner, Sponsor, and the celebrity stylist, and the Prize must be redeemed by no later than February 2, 2013, or the Prize will be forfeited in its entirety.  No transfer, assignment, substitution, or cash equivalent for the Prize is permitted, except at Sponsor's sole discretion due to Prize unavailability or for any other reason, and then only for a Prize of approximately equal or greater value.  Gift cards subject to standard gift card terms and conditions.  Any depiction of Prize is for illustrative purpose only.  Sponsor is not responsible for any travel, accommodations, or other costs, fees, or incidentals associated with the Prize.  Each winner is solely responsible for any local, state or federal taxes, and any other taxes, fees and costs connected with the Prize, and all federal, state and local laws and regulations apply.  Allow 4-6 weeks for delivery of Prize.  Total ARV for all Prizes is Four Thousand Dollars ($4,000.00).

4.      Winner Selection and Notification: At the conclusion of the Entry Period, the Sponsor and the Sponsor’s 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 winner’s 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 Nominee’s 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 Sponsor’s 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 winner’s 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 entrant’s 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 Nominee’s 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 party’s rights, or that is lewd, obscene, pornographic, or disparages Sponsor, or that is otherwise inappropriate, irrelevant, or defamatory at Sponsor’s 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 entrant’s Essay or any information contained or submitted with entrant’s 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. 

 

  1. Sponsor:  Cache, Inc., 1440 Broadway, Fifth Floor, New York, NY 10018  

 

A copy of these Official Rules may be obtained online at www.cache.com/facebook.