Outfit Repeater Contest Terms + Conditions - Dec 2020
Official Rules for Contests & Giveaways
ADAY Outfit Repeater Contest Rules
The ADAY “Outfit Repeater” Contest - January 4 Contest (hereinafter “Contest”) is subject to these Official Rules except as expressly stated otherwise. This contest is run by Ecstase Inc DBA ADAY (hereinafter “ADAY”), with an address of 415 W Broadway, #5N, New York, NY 10012.
The Contest is open to residents of the 50 United States who are at least 18 years old as of the Contest start date (“Contestant”). Employees, officers, directors, agents, representatives of the legal, promotion and advertising agencies (“Contest Entities”) and their immediate family members (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and those living in their household (whether related or not), and each person or entity connected with the production or administration of the Contest, and each parent company, affiliate, subsidiary, agent and representative of any aforementioned entity are not eligible. Void in Puerto Rico, the U.S. Virgin Islands, U.S. military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law. By participating in the Contest, Contestant agrees to be fully and unconditionally bound by these Official Rules and the decisions of ADAY. This Contest is subject to all applicable federal, state and local laws. Void where prohibited.
Contest begins the day and time the ADAY announces the Contest and ends at 11:59 PM PDT on January 15, 2021 (the "Contest Submission Period"). During the Contest Submission Period, ADAY will conduct a contest in which the number of times a contestant wears a single item of ADAY clothing will determine the amount of ADAY store credit the contestant wins (or the option to donate the same dollar amount (in USD) to a pre-selected charity). Details on this Challenge can be found at https://www.thisisaday.com/pages/outfit-repeater. Only one Submission per Contest. All entries must be submitted within 5 days after the Contest Submission Period. By participating, Contestants agree to be bound by these Official Rules and the decisions of the judges and/or ADAY, which are binding and final on matters relating to this Contest.
SOCIAL MEDIA DISCLOSURE.
The Sweepstakes is not sponsored by and is in no way endorsed by, administered by, and/or associated with any social media network on which notice of the Sweepstakes is posted, including, but not limited to Facebook, Twitter, Snapchat, and Instagram.
ADVERTISING AND SOLICITATION.
By entering this contest, you consent to receiving emails, special offers, electronic newsletters, text messages (including robotexts and/or texts from an autodialer or other similar machine), and solicitations from ADAY and third-party vendors that may constitute requests to engage in a monetary transaction. Each email from ADAY will provide you the ability to opt out of future communication. If you would prefer to opt out now, please email email@example.com. In some cases, your information may be shared before ADAY receives and processes your opt-out. In such a situation, you will need to request removal from the email list of the entity or entities with which ADAY has shared your information. Opting out of emails and offers will not decrease your chance of winning in the Contest.
Submission consists of wearing a single item of ADAY clothing repeatedly for 10 days, share each wear on Instagram, tag @aday, use #OutfitRepeaterChallenge, screenshot your post, and submit those images to ADAY at the end of the 10 day contest period ("Submission").
HOW TO ENTER.
Only one Submission per person. Online Submissions only. Entries will be accepted through the following method:
By filling out the entry form with your name and email address to become a Contestant, and submitting your images and additional information solicited in the post-challenge survey.
The Submissions must be original content. All Submissions must be received within 5 days after the Contest Submission Period. Incomplete, garbled, corrupted or illegible entries are void and will not be accepted. ADAY is not responsible for lost, late, damaged, delayed, destroyed, misdirected, or incomplete entries. All Submissions become the property of the ADAY. Contestants discovered entering under multiple identities will be disqualified. ADAY reserves the right to disqualify false Submissions or Submissions suspected of being false.
ADDITIONAL SUBMISSION GUIDELINES.
There are some limits to what Contestants can do:
Submissions must be original works of authorship, created by the person who enters the Submission. Contestants may not copy or otherwise plagiarize the Submission from any source, nor may the Submission include third-party copyrighted material or artwork, without the copyright holder’s permission. By entering, Contestants warrant that the Submission does not infringe any third party's rights, and that Contestants have obtained any necessary permissions from all relevant third parties to submit the Submission. Any images used in the Submission must be an original work of authorship under U.S. Copyright Law.
Contestants may not be, nor may they use in the Submission parties who: 1) are represented under contract (e.g., by a talent agent or manager) that would limit or impair ADAY’s ability to show the Submission in any media form; 2) have an acting or modeling contract that would make Contestants’/their appearance in the Submission a violation of any third party rights; 3) are under a merchandising agreement; or 4) are under any other contractual relationship, including but not limited to guild and/or union memberships, that may prohibit them from participating fully in this promotion, or from allowing ADAY to use the Submission online and in television and any and all media.
- Submissions must not violate the rights of any third parties, including intellectual property rights, rights of privacy, or any other rights held by third parties.
- Contestants hereby agree to indemnify ADAY against any and all claims from any third party for any use by ADAY of the Submission.
- Although ADAY is not reviewing Submissions for copyright or trademark violations, if, in the sole discretion of ADAY, it is believed the Submission constitutes or may constitute copyright or trademark infringement, the Submission will be disqualified.
- ADAY reserves the right to exclude any Submission that it believes, in its sole discretion, doesn't meet this criteria, and to delete any such Submission from any and all location(s) under ADAY’s control.
- No Submission shall portray ADAY or any third party in a negative light.
- Please, do not use the Submission to launch personal attacks on anyone or any discernible product, including competitor products.
- Submission may not depict nudity, animal cruelty, or illegal activity or substance, or offensive or obscene subject matter as determined in ADAY’s sole discretion.
All Submissions will be prescreened to ensure the Submissions have correctly met the Submission guidelines and meet with ADAY’s general standards and practices prior to any judging ("Qualified Submissions").
At the end of the Contest Submission Period, Qualified Submissions will be reviewed and scored by ADAY, according to the following criteria: each outfit image submitted will be counted as one (1) point.
Following the review, all Contestants will receive ADAY credit in accordance with their score.
Any Submission that is considered by ADAY in its sole discretion to be obscene, libelous, inappropriate to the reputation of ADAY, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the consent given by Contestant at the time of entering a Submission. Proof of submitting any Submission is not considered proof of delivery to or receipt of such Submission. Furthermore, ADAY shall have no liability for any Submission that is lost, intercepted or not received by ADAY.
If eligible under these Official Rules, all Contestants will receive the option of ADAY credit or an equal monetary donation to Cool Effect, calculated as follows:
1-10 wears from January 4 - 15, 2021 - USD$25
11-20 wears from January 4 - 15, 2021 - USD$50
21+ wears from January 4 - 15, 2021 - USD$75
Taxes, if any, are the sole responsibility of Winners, and Winners may be issued an IRS Form 1099 for the ARV of any awarded prize. Winners are solely responsible for any other unspecified expenses related to prize. All activities related to the prize, are at the Winners’ own risk and subject to whatever restrictions are imposed by the entities that govern activities. Winners are not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. All expenses not specifically stated as being included are excluded, and are the responsibility of the Winners. Prize will be delivered within 7 days of the Contest end (by January 22, 2021). Sponsor is not responsible for lost, misdirected, stolen or undelivered Prizes. One prize per participating individual.
NOTIFICATION AND RELEASES.
Winners will be notified via email on or about December 27, 2020 - January 4, 2021.
Winners will not be required to respond (as directed) to the private message notification within three days of attempted notification ("Notification"). Winners may be sent a declaration of eligibility / liability / publicity release (“Release”). Unless restricted by law, Winners will be required to complete and return the Release within three days of the date notice is sent. If the Winners: (i) cannot be contacted or (ii) fails to return the Release as provided herein, such Contestant forfeits all rights to participate in ADAY’s Outfit Repeater Challenge, and an alternate Contestant may be selected (up to one attempt). Winner selection is subject to verification, including verification of each Contestant’s eligibility.
Taxes, if any, are the sole responsibility of Winners, and Winners may be issued an IRS Form 1099 for the ARV of any awarded prize. Winners are solely responsible for any other unspecified expenses related to prize. All activities related to the prize are at the Winners’ own risk and subject to whatever restrictions are imposed by the entities that govern activities. Winners are not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of the prize will not be awarded. No substitution, transfer, or cash redemption of prize, provided however that ADAY reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. All expenses not specifically stated as being included are excluded, and are the responsibility of the Winners. Prize will be delivered by ADAY’s sole discretion. ADAY is not responsible for lost, misdirected, stolen or undelivered Prizes. One prize per participating individual.
ASSIGNMENT AND LICENSE.
As a condition of entering the Contest, all Contestants hereby assign to ADAY all rights and title in and to the Submissions. Should any Contestant be unwilling or otherwise unable to assign his/her rights, or provide permissions and or releases, or otherwise cannot accept or receive the prize for any reason, Contestants with the next highest score will be chosen from the remaining entries until one who is able to meet all requirements can be selected. All Contestants must provide ADAY with all signatures on required paperwork and return all documents in a timely manner as required pursuant to these Official Rules in order to be eligible to receive a prize. Contestants may not resell, assign or transfer any of their rights in their Submissions under these Official Rules.
Contestants will not be paid for their submissions or for granting ADAY any of these rights.
Contest is subject to these Official Rules. By participating, Contestants agree: (i) to be bound by these complete Official Rules and the decisions of ADAY which shall be final and binding; and (ii) to waive any right to claim ambiguity in the Contest or these Official Rules, except where prohibited by law. By accepting a prize, Winners agree to release ADAY, including its parent, subsidiary and affiliated entities together with the respective directors, employees, officers, licensees, licensors and agents, and respective advertising and promotion entities and any person or entity associated with the production, judging, or administration of the Contest (collectively, the “Releasees”) from any and all liability, loss or damage arising from or in connection with awarding, receipt and/or use or misuse of prize or participation in any prize-related activities. Releasees shall not be liable for: (i) telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors; (ii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iii) any injuries, losses or damages of any kind, including death caused by the prize or resulting from acceptance, possession or use of a prize, or from participation in the Contest; or (iv) any printing, typographical, administrative or technological errors in any materials associated with the Contest. ADAY disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Contest. ADAY reserves the right to cancel or suspend the Contest, in its sole discretion, should it receive fewer than 50 Submissions, or receives no entries that are otherwise qualified, or due to circumstances beyond its control, including natural disasters or third party tampering.
ADAY reserves the right, in its sole discretion, to cancel, modify or suspend the Contest should a virus, bug, computer problem, unauthorized intervention or other causes beyond ADAY’s control, corrupt the administration, security or proper play of the Contest. ADAY may prohibit a Contestant from participating in the Contest or winning a prize if, in its sole discretion, it determines such Contestant is attempting to undermine the legitimate operation of the Contest in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other Contestants or ADAY representatives. Use of automated entry devices or programs is prohibited. Any attempts to access the site, enter the Contest or increase votes or views via a bot script, device or brute-force attack will result in disqualification, including that IP address becoming ineligible for the entire Contest. Caution: any attempt to deliberately damage or undermine the legitimate operation of the contest may be in violation of criminal and civil laws and will result in disqualification from participation in the contest. Should such an attempt be made, ADAY reserves the right to seek remedies and damages (including attorney fees) to the fullest extent of the law, including criminal prosecution.
The internal laws of the State of New York will govern disputes regarding these Official Rules and/or this Contest. All cases and claims pertaining to this Contest must be brought in a court of competent jurisdiction in the state of New York.
ADAY reserves the right to use the Submissions to the Contest for publicity purposes prior to, during, or after the Contest end date, in any media, and to use the name, likeness, hometown name, of any Contestant, including all or part of their design throughout the world, in perpetuity, without any compensation or prior review unless specifically prohibited by law.
WAIVER OF JURY TRIAL.
Except as prohibited by applicable law and as a condition of participating in this Contest, each Contestant hereby irrevocably and perpetually waives any right s/he may have to a trial by jury in respect of any litigation directly or indirectly arising out of, under or in connection with this contest, any document or agreement entered into in connection herewith, any prize available in connection herewith, and any of the transactions contemplated hereby or thereby.
All personal information collected by ADAY will be used for administration of the Contest. In addition, Contestants shall receive email correspondence from, or on behalf of ADAY, via electronic communication. This information will not be sold to third party vendors not affiliated with ADAY. Contestants may subsequently opt-out of receiving further emails by following the opt-out instructions contained in any email communications received.
WINNERS' LIST AND CONTEST RULES.
To obtain a copy of these official rules or a winner’s list within 90 days of the end of the Contest Period, reach out to firstname.lastname@example.org.
SMS/MMS MOBILE MESSAGING MARKETING PROGRAM
We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.
California Civil Code Section 1798.83 permits Users of the Program that are California residents to request certain information regarding our disclosure of the information you provide through the Program to third parties for their direct marketing purposes. To make such a request, please contact us at the following address:
415 W Broadway, 5N, New York, NY 10012