FOREVER 21: #F21FESTIVALLINEUP INSTAGRAM CONTEST OFFICIAL RULES NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER THE FOREVER 21: #F21FESTIVALLINEUP INSTAGRAM CONTEST (THE “CONTEST”) OR WIN A PRIZE. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. 1) CONTEST PERIOD: The Contest begins and ends on each of the following dates (each, a “Contest Period”): • • 6:00 a.m. Pacific Standard Time ("P.S.T.") on April 9, 2015 and ends at 11:59 p.m. P.S.T on April 13, 2015 6:00 a.m. P.S.T. on April 16, 2015 and ends at 11:59 p.m. P.S.T. on April 20, 2015 2) ELIGIBILITY: The Contest is open only to persons who on the dates of entry are legal residents of the U.S. (excluding Rhode Island), U.S. territories and Canada (excluding Quebec) who are at least eighteen (18) years of age. If you are under eighteen (18) or under the age of majority in your state of residence, you must obtain consent from your parent/guardian to enter the Contest. Further, if you are under eighteen (18) or under the age of majority in your state of residence at the time the winners are announced, you must have a parent/legal guardian accept the prize on your behalf and sign a parent consent form to allow Forever 21 to publicize the winners and/or their images. Employees, officers, directors and their immediate family members of Forever 21, Inc., Forever 21 Retail, Inc., Forever 21 Logistics, LLC (collectively, “Forever 21”) and each of their respective parent company(ies), subsidiaries, affiliates, agents, licensees, directors, officers and employees, suppliers, advertising and promotion agencies, legal and financial advisors, and any and all other companies associated with this Contest are ineligible to enter. For purposes of this Contest, "immediate family members" means parents, spouses, children, siblings, in-laws, grandparents as well as each of their spouses and household members, whether related or not. 3) HOW TO ENTER GUIDELINES: You must join Instagram in order to participate in the Contest. Instagram is free to join. During each of the Contest Periods, participants must post a photo with him/herself and their friends (tag up to 8 friends) showing off their best Forever 21 Festival inspired look, on Instagram with the hashtag #F21FESTIVALLINEUP (each post, a “Submission”). Participants must make their Instagram profile settings public. The Submissions must be posted during the Contest Period. Limit one Submission per participant. 4) WINNERS AND ODDS: There will be two (2) winners total for the Contest. Each winner will receive a $100 Forever 21 gift card and each friend tagged in the photo will receive a $50 Forever 21 gift card. Gift card valid per its terms. Prizes are nontransferable. No cash alternative or prize substitutions allowed, except in Forever 21’s sole discretion. Prizes may not be sold, bartered, or exchanged by the winner. Any details of any prize not specified herein shall be determined solely by Forever 21. 5) SELECTION OF WINNERS & JUDGING CRITERIA: For each Contest Period, a Forever 21 representative will select one (1) winner from the eligible Submissions, based on originality (33%), creativity (33%), and best representation of the Forever 21 brand aesthetic (34%). The representative’s decision is final and no correspondence will be entered into relating to the Contest’s result. The selection will take place immediately at the conclusion of the Contest Period, for a period of between 24 and 48 hours. Winners will be notified via Instagram Direct Message only, each day during the Contest Period and must respond within forty-eight (48) hours of being contacted. Failure of a winner to respond within forty-eight (48) hours of notification or failure to comply with any term or condition of these “Official Rules” including return of a parental consent form when necessary as requested by Forever 21, may result in disqualification and an alternate winner will be chosen for the next submission as determined by the representative. The representative will have complete discretion over interpretation of the Official Rules, of administration of the Contest, and of selection of the winners. Decisions of the representative as to the administration of the Contest, interpretation of the Official Rules, and the selection of the winner will be final. 6) INTELLECTUAL PROPERTY: Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Forever 21, and each of their licensees, successors and assigns, the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the entry submitted as part of the Contest , and all user content, images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems, digital billboards), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, retitle and adapt the same, to combine it with other material and otherwise use and exploit it. Forever 21, and each of their successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Forever 21 will have the right to use the entries submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights” now or hereafter recognized in connection with entries submitted as part of the Contest. Entrants agree that Forever 21 shall have the sole discretion in determining the extent and manner of use of entries and are not obligated to use any entry. Entrants agree not to issue any publicity concerning Forever 21. Entrants agree that neither Forever 21 nor their agents shall be responsible for returning or preserving of the entries submitted. All entries that are posted on Forever 21’s website, blog and social media may be available to be viewed by anyone with access to the Internet. 7) RELEASE OF LIABILITY: Each potential winner of the Contest may (in Forever 21’s sole discretion) be required to execute an affidavit of eligibility/release of liability agreement (the "Acceptance Release") and return the Acceptance Release before the winner is announced. If any potential prize winner fails or refuses to sign and return such Acceptance Release within 48 hours of the first notification attempt, such potential winner (in Forever 21’s sole discretion) may be disqualified and an alternate may (in Forever 21’s sole discretion) be selected. Parents or legal guardians of any winner under the age of majority in their state of residence may be required to also sign the Acceptance Release. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, he or she may be disqualified in Forever 21’s sole discretion, and an alternate potential winner may then, in Forever 21’s sole discretion, be selected by the representative. The Winner’s Acceptance Release is subject to verification by Forever 21. Forever 21 is not responsible for and shall not be liable for late, lost, damaged, intercepted misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent. When a potential winner is contacted, he/she will have 48 hours in which to respond to the notification, or he/she will be disqualified and an alternate potential winner may be selected. Forever 21 will not be responsible if a potential winner changes his/her e-mail address or other contact information after he/she registers for the Contest, it is his/her sole responsibility to update his/her registration information notifying Forever 21. Failure to update such registration information may affect a potential winner’s ability to receive the proper notification and be able to respond in time. 8) TERMS AND CONDITIONS: By participating, an participant agrees to a) abide by the Official Rules and the decisions of Forever 21, which shall be final in all respects; b) release, discharge and hold harmless Forever 21 and their respective parent company(ies), subsidiaries, affiliates, agents, licensees, directors, officers and employees, suppliers, advertising and promotion agencies, legal and financial advisors (collectively "Releasees"), from all liability, claims or damages including injury or death, arising out of their participation in the Contest and the acceptance, use or misuse of a prize. Subject to applicable law, winner irrevocably grants Forever 21 and their designees the right and permission to use of their name, voice, likeness, and/or biographical information for advertising, promotion and publicity purposes without further compensation, and upon request will provide consent in writing to such use. Releasees are not responsible for and shall have no liability for printing or typographical errors in any Contest-related material; or for any stolen, late, lost, illegible, incomplete or misdirected entries; or for entries that are lost due to computer or electronic malfunction; or for any technical or human error which may occur in the processing of submissions, which may limit a participant’s ability to participate in the promotion. If for any reason Contest cannot be conducted as planned by reason of causes beyond the control of Forever 21, which, in the sole opinion of Forever 21, corrupt or affect the administration, security, fairness, integrity or proper conduct of Contest, Forever 21 reserves the right in its sole discretion to cancel, terminate, modify or suspend Contest, and/or may conduct Contest and select the winner from among all entries received prior to the action taken. Further, Forever 21 reserves the right to cancel or suspend this Contest, and cancel or refuse any entry or any individual winning the Contest. In the event Forever 21 is prevented from continuing with the Contest by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Contest by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Forever 21’s control (each a “Force Majeure” event or occurrence) Forever 21 shall have the right to modify, suspend or terminate the Contest. Forever 21 reserves the right to amend these Official Rules at its sole discretion at any time and will use reasonable endeavors to notify material changes to participants and potential participants. In the event the Contest is terminated prior to the stated end date, Forever 21 reserves the right but has no obligation to award the prizes. Any and all disputes, claims and causes of action arising out of, or connected with Contest, shall be resolved individually through arbitration, without resort to any form of class action or litigation in court. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering Contest, but in no event attorney's fees. The Contest and these Official Rules shall be construed and governed in accordance with the laws of the State of California. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of participants, Forever 21, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws. Forever 21 is not responsible for the actions of participants in connection with the Contest, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. Persons found tampering with or abusing any aspect of this Contest, or whom Forever 21 believes to be causing malfunction, error, disruption or damage may be disqualified. Additionally, any attempt to cheat the Contest, as determined at the sole discretion of Forever 21, may result in immediate disqualification of the participant, as well as other possible consequences, including disqualification from any and all existing and future Contest. CAUTION: Any attempt by a participant to undermine the legitimate operation of Contest may be in violation of criminal and civil laws and should such an attempt be made, Forever 21 reserves the right to seek remedies and damages (including attorney's fees) from any such participant to the fullest extent of the law, including criminal prosecution. Forever 21 reserves the right, at their sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an unsportsmanlike, obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person. 9) SPONSOR: Forever 21, Inc. 3880 North Mission Rd. Los Angeles, CA 90031 10) WHO WON? For the name of the winner, please email [email protected] with the subject line: FOREVER 21: #F21FESTIVALLINEUP INSTAGRAM CONTEST 11) PRIVACY: Sponsor may use any of the participant’s personal information submitted in connection with this Contest per the terms of the privacy policy located at the bottom of the page at http://www.forever21.com/.
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