OFFICIAL RULES – YOUR ART HERE T-SHIRT CONTEST
BY CHECKING THE “I AGREE” BOX YOU AGREE AND CONSENT TO BE BOUND BY ALL OF THE FOLLOWING RULES. IF YOU DO NOT AGREE TO ALL OF THESE RULES, YOU MUST CHECK THE “I DO NOT AGREE” BOX AND YOU MAY NOT PARTICIPATE IN THE CONTEST.
Set forth below are the official rules for participating in the “Your Art Here T-Shirt Contest” (the “Contest”) sponsored by H&M Hennes & Mauritz L.P. (“H&M”). By participating in the Contest, each entrant certifies that he or she has followed and agrees to be bound by these official rules. In the event entrant or his or her submission violates any of these official rules, such entrant and submission shall be disqualified and removed and the Contest shall be void with respect to such entrant or submission. By participating in the Contest, each entrant agrees to be bound by the decisions of H&M, which are final. These official rules shall inure to the benefit of H&M and any entrant and bind any and all of their heirs, successors and assigns.
1. OVERVIEW OF THE CONTEST; HOW TO ENTER:
1.1 NO PURCHASE FROM OR PAYMENT TO H&M OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING.
1.2 To enter the Contest, entrants must upload at least one piece of original artwork (each, a “Submission”) to the website www.yourarthere.com. All types of static, original artwork are permitted to be submitted, including, without limitation, drawing, sketches, painting, printmaking, photography, design, graphic design, decorative art, illustrations or graphics.
1.3 Visitors to the website may vote on the Submissions and the top twenty-five (25) vote getting Submissions will be eligible to compete in a final round where such Submissions are reviewed by a panel of judges from H&M and the art world. Five (5) Submissions will be chosen as the winners and such designs will be printed on an H&M garment and sold in select H&M stores in the United States. The winning designs will also be displayed in the store window located at 505 Fifth Avenue, New York, NY 10017, USA, or any other location(s) determined by H&M.
1.4 The entrant of each winning Submission will win (i) one $500 H&M gift card, and (ii) $2,000 check from H&M.
1.5 The Contest begins at 10:00 AM EDT on April 21, 2011 and ends at 12:01 AM EDT on May 25, 2011. Beginning at 10:00 AM EDT on April 21, 2011, entrants may enter the Contest by logging on to the website www.yourarthere.com, follow the instructions, and enter all required information. Non-original, illegal, incomplete, illegible, false or deceptive Submissions, or Submissions violating contest general terms and conditions, are void. All Submissions must be received by 12:01 AM EDT on May 25, 2011. H&M’s website will serve as the official time keeping device for the Contest. All Submissions submitted become the sole property of H&M and will neither be acknowledged nor returned.
2. ELIGIBILITY: From the official start time and date of the Contest through the final date of prize fulfillment, the entrant must be a lawful permanent U.S. citizen and resident residing in the 48 contiguous United States or the District of Columbia. Each entrant must also be 18 years of age or older as of the official start date of the Contest. H&M reserves the full right to remove Submissions that H&M, in its sole discretion, perceives as pornographic, infringing, illegal, inappropriate, disturbing or unsuitable. The Contest is void in Alaska, Hawaii, Puerto Rico and the U.S. Virgin Islands, U.S. military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Contest, and any website and advertisements relating thereto, is intended for viewing only within the United States. The Contest shall be governed by laws of the State of New York. Employees of H&M, their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of the Contest, as well as each of their parent corporations, subsidiaries and affiliated companies, and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are not eligible to participate in the Contest.
3. GENERAL CONTEST TERMS AND CONDITIONS:
3.1 Submission of Entries: Entrants may submit a Submission based on these official rules. Submissions must only depict original artwork which entrant has independently created on his or her own without copying any portion of it from any other artwork. H&M may require that entrants post a new original artwork for any round of the Contest in the time specified by H&M in order to remain eligible.
3.2 Voting: Entrants who have registered with the website will have the opportunity to vote in the affirmative for each Submission they feel is worthy of winning the Contest, as specified by H&M on the website or otherwise. Voting in the Contest will end on the date and time specified on the website. On or about that specified date and time, H&M will determine the winning Submissions and will contact the winner about the prize. H&M determines the winning Submissions based upon such criteria as may be determined by H&M, in its sole discretion, including without limitation, the total number of eligible votes received with respect to a Submission. H&M may apply a weight to votes received based upon a trust based scoring system that factors in voter accuracy and potential fraud. In that regard, H&M may exclude any and all votes that it determines, in its sole discretion, were cast fraudulently.
3.3 Prize: The entrant of each winning Submission will win (i) one $500 H&M gift card, and (ii) $2,000 check from H&M.
3.4 Total Prize Value: $2,500. Any difference between actual value and ARV (“Actual Retail Value”) will not be awarded. Any costs associated with prize receipt and/or use that are not expressly stated in the general terms and conditions are not included in the prize package and are the responsibility solely of the winner. Such costs may include, without limitation, any additional ground transportation, meals, incidentals, tips, telephone calls or other personal costs and expenses not specified herein but relation to the use or acceptance of the prize which are the sole responsibility of the winner. Additional restrictions may apply. No transfer, or cash or other substitution of any prize is allowed except that H&M reserves the right, in its sole and absolute discretion, to substitute a prize or prize component of comparable or greater value.
3.5 General Prize Conditions: Payments of all federal, state and local taxes (including income taxes) are solely the responsibility of each applicable winner. Each such winner will be required to complete and submit an IRS form W-9 to H&M indicating such winner’s full social security number or equivalent for the receipt of any prize awarded by H&M in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize. Except where prohibited, potential winners will be required to execute an affidavit of eligibility, a liability release, publicity release, a tax acceptance form, license agreement and any other instruments deemed necessary by H&M in its sole discretion. Such documents and instruments must be signed and returned by the date and/or time indicated by H&M. If the potential winner fails to sign and return such documents within that time, or if an entrant is found to be ineligible, or if an entrant does not comply with the general terms and conditions herein, then the potential winner will be disqualified and an alternate potential winner will be selected. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. H&M is not responsible for fraudulent calls or emails made to entrants not by H&M. All Submissions are subject to verification prior to awarding of prize. Eligibility, age and compliance with the general terms and conditions are also subject to verification prior to awarding of prizes.
3.7 Submission and Ownership of Content:
(a) The website will enable entrants to submit to H&M the form of the original artwork (the “Content”) for display on the website and potential use by H&M in connection with the sale of its products, whether as a Submission in the Contest or otherwise. Upon submission, the Content, whether or not protected by copyright, will be the sole property of H&M.
(b) All results and proceeds from the Content (or in connection with any ancillary, subsidiary, supplemental, promotional or derivative work relating to any version of the Content), and all other materials of every kind whatsoever created by an entrant if relating to any version of the Content (or relating to any ancillary, subsidiary, supplemental promotional or derivative work relating to any versions of the Content) (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for H&M, prepared as a work specially ordered or commissioned for use by H&M; of which H&M is to be deemed the “author” within the meaning of the United States Copyright Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, will be owned exclusively by H&M upon their creation and entrant will have no interest in any of them. Without limiting the foregoing, if any of the Work, or any part or element of the Work, is not deemed to be a “work made for hire” for H&M, the entrant irrevocably and exclusively grants and assigns to H&M (or, if any applicable law prohibits such assignment, entrant hereby grants to H&M an irrevocable royalty-free license of) right, title and interest in and to such Work, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised.
(c) H&M may edit or revise the Work, both in format and in content, to meet its business needs in any way its sees fit. The entrant acknowledges and agrees that H&M shall solely and exclusively own all now known or hereafter existing rights of every kind throughout the universe, in perpetuity and in all languages, pertaining to the Work, and all elements therein for all now known or hereafter existing uses, media, and forms, including, without limitation, all copyrights (and renewals and extensions thereof) and all distribution, exhibition, publication, communication, exploitation, broadcast, transmission, sale, licensing, allied, ancillary and/or subsidiary rights, and any derivative materials created from the Work. The entrant is aware and hereby acknowledges that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity.
(d) Entrants shall be solely responsible for the Content and the consequences of posting or publishing it. All submissions and uploads by entrants on the website shall be free of virus, bugs, trojans or any other malicious or harmful programs. The entrant represents and warrants that: (i) entrant owns or has obtained the necessary licenses, rights, consents, releases and permissions to use and transfer to H&M all pre-existing artwork, text, photograph, music, likenesses, patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner as contemplated by the website and H&M; (ii) entrant has the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these general terms and conditions; (iii) the Content does not infringe the intellectual property right of any other person or entity; and (iv) entrant has the full right, power and authority to grant the rights and licenses set forth in these general terms and conditions.
(f) Each entrant agrees that H&M is not responsible for any violations of any intellectual property rights in any Content that each entrant submits. Each entrant understands and acknowledges that the Content will be publicly available to others and that H&M has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of the Content by others.
3.8 Website Availability: Each entrant understands and acknowledges that the website may be taken down for maintenance from time to time and that most website features, including access to the Contest, will not be available during that time.
4. DRAWING AND NOTIFICATION: The five (5) winning Submissions will be selected from the top twenty-five (25) vote-getting Submissions as voted on at the website. A panel of judges from H&M and art world personalities will choose five (5) winning Submissions. The panel of judge’s decisions are final and binding in all respects. Odds of winning the prize depend on the number of eligible entries received. Potential winners will be notified through e-mail. Failure by a potential winner to respond to such notification by 5:00 PM EDT on May 26th, 2011 will result in disqualification of the potential winner and an alternate potential winner will be selected. An alternate potential winner shall be contacted by 12:00 PM ETD May 27th, 2011 and will have until 12:01 AM EDT on May 29th, 2011 to respond. H&M reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED AND VERIFICATION IS COMPLETE.
5. CONTEST CONDITIONS – VOID WHERE PROHIBITED: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, entrants agree to be fully and unconditionally bound by these official rules and the decisions of H&M and waive any right to claim ambiguity in the Contest or these official rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless H&M, their respective affiliates and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property arising from (i) any acceptance, possession, ownership, misuse or any prize, (ii) participation in the Contest, (iii) any publication, display or distribution of the Content or production errors related thereto, (iv) the infringement of the intellectual property rights of any third party, (v) the violation of any provision of these official rules; and (vi) the entrant’s breach of his or her representations and warranties herein. H&M or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. NEITHER H&M NOR ANY OF ITS AFFILIATES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NEITHER H&M NOR ANY OF ITS AFFILIATES ACCEPT RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.
6. RESTRICTIONS – VOID WHERE PROHIBITED: H&M shall not be liable to any winner or any person claiming through such winner for failure to supply the prize or any part thereof by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulation, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond H&M’s control. Due to the nature of the prize, H&M shall not be obligated to provide the prize to the potential winner if a winner cannot fully enjoy the prize due to illness or other reason. Under this circumstance, H&M may or may not seek and alternate potential winner if it feels there is a reasonable time to do so, in its sole discretion. H&M’s failure to enforce any provision of these official rules shall not constitute a waiver of that provision.
7. LIMITATION OF LIABILITY: H&M is not responsible for: (1) lost, late, misdirected, undeliverable or incomplete Submissions due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from entrant’s participation in the Contest or receipt or use of any prize. If for any reason a Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. If for any reason the Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the control of H&M which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then H&M reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select winning Submissions from among all eligible entries received by H&M up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, H&M RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
8. JURISDICTION AND VENUE: The Contest shall be governed by the laws of the State of New York, without regard to conflicts of laws. Entrant hereby consents to the exclusive jurisdiction and venue of the state and federal courts of the State of New York in any action arising under or relating to the Contest.
9. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.
10. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS CONTEST, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO H&M’S PRIVACY POLICY; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO H&M’S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES TO THE EXTENT AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS’ LIST.
11. RULES/WINNERS LIST: For the name and address of the prize winners send an email to info@yourarthere.com. In the subject of the email, type “H&M Your Art Here T-shirt Contest Winner”. H&M shall only release the first name, the last initial and state of residence of the winner to those requesting this information.