Posted Jan 10, 2011 in Kontests | 0 Comments

THE H&M MAKEOVER CONTEST Rules & Regulations

This contest is open to Ontario residents only and is GOVERNED by Canadian law.

1. CONTEST PERIOD:

Contest begins on February 10, 2011 at 12:00 a.m. Eastern Time (ET) and ends on February 17, 2011 at 11:59 p.m. ET (the “Contest Period”).

2. ELIGIBILITY:

Contest is open to all legal residents of Ontario, Canada who have reached the age of majority in their province/territory of residence at the time of entry, except employees, representatives or agents (and those with whom such persons are domiciled) of YourKloset.com, Suite 66, Mediacom, H&M (hereinafter collectively referred to as the “Sponsors”), their parent companies, subsidiaries, affiliates, distributors, prize suppliers, advertising/promotion agencies and the Contest judges (collectively, the “Contest Parties”).

4.      THE PRIZE AND APPROXIMATE RETAIL VALUE:

There will be (3) prizes (one per site) available to be won consisting of a video shoot makeover.  Each prize includes: a $200 gift certificate to H&M and an H&M makeover.  The Winner is responsible for their own transportation and accommodations.  The winner must be available to arrive at the Eaton Centre’s H&M location for 6 a.m. on Tuesday February 22.  The winners will need to stay at the location for approximately 3 hours. During this time the makeover will occur, and video will be taken for posting on the site(s).  If the selected winner is not available for the photo shoot/makeover at this time, they forfeit their winning.

Without limiting the generality of the foregoing, the following general conditions apply to the Prize: (i) Prize must be accepted as awarded and is not transferable or convertible to cash (no substitutions except at Sponsors’ option); (ii) Sponsors reserve the right at any time to: (a) place reasonable restrictions on the availability or use of the Prize or any component thereof; and (b) substitute the Prize or a component thereof for any reason with a prize or a prize component of equal or greater value, including without limitation, but solely at the Sponsors’ sole discretion, a cash award; (iii) by accepting the Prize, the winner agrees to waive all recourse against the Sponsors, and those associated with the Sponsors, if the Prize or a component thereof does not prove satisfactory, either in whole or in part.

5.       RANDOM PRIZE DRAW AND WINNER SELECTION:

On February 17, 2011 (the “Draw Date”) in [Toronto, Ontario], one (1) eligible entrant will be selected by random draw from among all eligible Entries received during the Contest Period.  The odds of winning depend on the number of eligible Entries received during the Contest Period.

The Sponsors or their designated representative will make one(1) attempt to contact the selected entrant by telephone or email (using the information provided at the time of entry) within 24 hours of the Draw Date.  If the selected entrant cannot be contacted within one attempt or 24 hours from the Draw Date (whichever occurs first), or there is a return of any notification as undeliverable; then the selected entrant will be disqualified and the Sponsors reserve the right, in their sole discretion, to randomly select an alternate eligible entrant from among the remaining eligible Entries.

Before being declared a winner, the selected entrant will be required to: sign and return a release form, which (among other things): (i) confirms compliance with these Rules; (ii) acknowledges acceptance of the Prize as awarded; (iii) releases the Contest Parties and each of their respective officers, directors, agents, representatives, successors and assigns (collectively, the “Releasees”) from any and all liability in connection with this Contest, the selected entrant’s participation therein and/or the awarding and use/misuse of the Prize or any portion thereof; and (iv) agrees to the publication, reproduction and/or other use of the selected entrant’s name, address, voice, statements about the Contest and/or photograph or other likeness without further notice or compensation, in any publicity or advertisement carried out by the Sponsors in any manner whatsoever, including print, broadcast or the internet.  If the selected entrant fails to sign the properly executed Contest documents, then he/she will forfeit the Prize and Sponsors reserve the right, in their sole discretion, to randomly select an alternate eligible entrant.

6.      GENERAL CONDITIONS:

All Entries become the property of the Sponsors.  The Releasees assume no responsibility for lost, delayed, incomplete, incompatible or misdirected Entries.  This Contest is subject to all applicable federal, provincial and municipal laws.  The decisions of the Sponsors with respect to all aspects of this Contest are final and binding on all entrants without right of appeal, including, without limitation, any decisions regarding the eligibility/disqualification of Entries and/or entrants.

The Releasees will not be liable for any failure of the Website during the Contest; for any technical malfunction or other problems relating to the telephone network or lines, computer online systems, servers, access providers, computer equipment or software; for the failure of any entry to be received by the Contest Parties for any reason including, but not limited to, technical problems or traffic congestion on the internet or at any website; or any combination of the above.  Further, the Releasees will not be liable for any injury or damage to an entrant’s or any other person’s computer related to or resulting from participating or downloading any material in the Contest.

All Entries are subject to verification.  The Sponsors reserve the right, in their sole discretion, to require proof of identity and/or eligibility (in a form acceptable to the Sponsors) to participate in this Contest.  Failure to provide such proof in a timely manner may result in disqualification.  The sole determinant of the time for the purposes of a valid Entry in this Contest will be the Contest server machine(s).

The Sponsors reserve the right to withdraw or amend this Contest (or to amend these Rules) in any way, in the event of an error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or any other cause beyond the reasonable control of the Sponsors that interferes with the proper conduct of this Contest as contemplated by these Rules.  Any attempt to deliberately damage any website or to undermine the legitimate operation of this Contest is a violation of criminal and civil laws and should such an attempt be made, the Sponsors reserve the right to seek remedies and damages to the fullest extent permitted by law.  The Sponsors reserve the right to cancel or suspend this Contest, or to amend these Rules without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind.

By entering this Contest, each entrant expressly consents to the Sponsors, their agents and/or representatives, storing, sharing and using the personal information submitted with his/her Entry only for the purpose of administering the Contest and in accordance with Sponsors’ privacy policies.

7.      INTELLECTUAL PROPERTY

All intellectual property used by the Sponsors in connection with the promotion and/or administration of the Contest, including, without limitation, all trade-marks, trade names, logos, designs, promotional materials, web pages, source code, drawings, illustrations, slogans and representations are owned (or licensed, as the case may be) by the Sponsors and/or its affiliates. All rights are reserved. Unauthorized copying or use of any such intellectual property without the express written consent of its owner is strictly prohibited.

8.      LANGUAGE DISCREPANCY

In the event of any discrepancy or inconsistency between the terms and conditions of these Rules and disclosures or other statements contained in any Contest-related materials, including, but not limited to: the Contest entry form, and/or point of sale, television, print or online advertising; the terms and conditions of these Rules shall prevail, govern and control.

9.     RELEASE AND LIMITATIONS OF LIABILITY

By participating in the Contest, entrants agree to release and hold harmless the Sponsors and contest parties, their officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Contest, or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Contest; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Contest or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or acceptance, receipt use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Contest, and in no event shall the Released Parties be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, incidental, consequential, direct, or indirect damages. Sponsors are not responsible if any prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.

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