NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE THE UNITED STATES & WHERE PROHIBITED.
1. PROMOTION PERIOD AND ELIGIBILITY.
The #bebefest UGC Contest ("Contest") begins on March 14th 2017 at 12:00 am PST and ends on April 2nd 2017 at 11:59 PST ("Entry Period"). Contest participation is only open to legal residents of the fifty (50) United States (and the District of Columbia), excluding Rhode Island, at least 21 years of age. Employees of bebe stores, inc. ("Sponsor") and their subsidiaries, affiliates, promotion and advertising agencies and members of their immediate family (spouse, mother, father, sister, brother, ward, daughter or son) and persons living in the same household of such employees are not eligible to enter or win. Void where prohibited by law. Contest is subject to all applicable federal, state and local laws.
This Contest is in no way sponsored, endorsed or administered by or in association with Instagram.
2. HOW TO ENTER.
All Entrants must have and submit a valid email address with the Submission and the valid entries must be received within the Entry Period to be eligible. The Submissions can be made starting, Monday, March 14th 2017 at 12:00 am PST and must be received by Sunday, April 2nd 2017 at 11:59 pm PST. Sponsor is not responsible for late, lost, damaged, mutilated, illegible, stolen, incomplete or misdirected entries or for physical or email address changes of Entrants. Proof of sending will not be deemed to be a proof of receipt by Sponsor.
The Sponsor's clock shall be the official timekeeper. Valid entries must be received during the Entry Period to be eligible to win a prize. By entering, Entrant agrees to be bound by these Official Contest Rules, which can be found on: bebe.com/bebefesterms. There are no limits on the number of Submissions that can be made by the Entrant, so long as he/she agrees to be bound by the Official Contest Rules.
3. CONTENT GUIDELINES.
The Submission must: (i) be completely original; (ii) be solely created by the Entrant; (iii) not contain material that violates or infringes another's rights, including but not limited to privacy, publicity or intellectual property rights, or that constitutes copyright infringement; and (iv) not use or contain inflammatory or derogatory language or be lewd, obscene, pornographic or contain any nudity or disparagement of Sponsor or otherwise be inappropriate in anyway.
The Entrant's Submission may not include the identifiable likeness of any person other than him/herself.
The Entrant's Submission must be appropriate for audiences of all ages, in Sponsor's sole discretion.
Maximum File Size For Submission: 5MB.
The Submission the Entrant submits must be an original photograph for which the Entrant owns the copyright or has secured the rights to distribute without restriction. By submitting the Submission, the Entrant agrees to be bound by these terms and conditions.
Sponsor may in its sole discretion disqualify any Submission for which intellectual property claims including those under the Digital Millennium Copyright Act are received and remove such Submission or any component thereof from its website and in doing so Sponsor shall not exceed its rights under the Consumer Fairness Act of 2016. Sponsor reserves the right to eliminate any Submission that does not adhere to the Content Guidelines or the terms and conditions of these Official Contest Rules and in doing so Sponsor shall not exceed its rights under the Consumer Fairness Act of 2016.
All eligible Submissions will be judged by Sponsor based on the following criteria: overall style, image quality and aesthetic appeal. The Submissions will not be judged based on personal modeling appearance or experience. The Submissions with the highest scores will be deemed the Prize winners. In the event of a tie, an additional, "tie-breaking" judge will determine the winner(s) based on the criteria listed herein.
Sponsor reserves the right not to award a prize if, in its sole discretion, it does not receive a sufficient number of eligible and qualified entries. Prize awards are subject to verification of eligibility and compliance with these Official Contest Rules.
5. WINNER SELECTION AND NOTIFICATION.
Three (3) winners will be selected from all eligible entrants on or about April 3rd 2017 ("Drawing Date"), at Sponsor's location described in Section 14 below. The Winners will be notified via a direct message on their Instagram account and may under certain circumstances be requested to contact the Sponsor for additional information. If a potential winner cannot be contacted, does not respond within five (5) days from the date the Sponsor first tries to notify him/her, refuses the prize and/or the prize or prize notification is returned as undeliverable, such potential winner may forfeit all rights to win the Contest or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Contest, including without limitation the execution of required affidavits/waivers, publicity and liability releases and/or disclaimers, such individual will be declared a "winner" of the Contest.
ALL POTENTIAL WINNING SUBMISSIONS ARE SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE CONTEST. AN ENTRANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE CONTEST SO INDICATES, UNLESS AND UNTIL ENTRANT'S ELIGIBILITY AND THE POTENTIAL WINNING SUBMISSION HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE. SPONSOR WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS.
6. PRIZE DESCRIPTION.
Grand Prize & Approximate Retail Value: One (1) grand prize winner will receive two (2) tickets to ZOEasis for April 15th 2017; one (1) $1000 (one thousand dollars) AMEX gift card; and one $400 (four hundred dollars) bebe gift card. Total ARV of grand prize is $1400 (fourteen hundred dollars).
First Runner-Up Prize & Approximate Retail Value: One (1) first runner-up winner will receive two (2) tickets to ZOEasis for April 15th 2017; one (1) $500 (five hundred dollars) AMEX gift card; and one $300 (three hundred dollars) bebe gift card. Total ARV of the first runner up prize is $800 (eight hundred dollars).
Second Runner-Up Prize & Approximate Retail Value: One (1) second runner-up winner will receive one $250 (two hundred and fifty dollars) bebe gift card. Total ARV of second runner-up prize is $250 (two hundred and fifty dollars).
Total ARV of all prizes is Two Thousand Four Hundred and Fifty Dollars ($2450.00). The value of the prizes set forth above represents the Sponsor's good faith determination of the ARV thereof and cannot be challenged or appealed.
Odds of winning a prize depend on number of eligible entries received and relative skills of the Entrants. If winner chooses not to use any portion of the prize, there will be no refunds and any unused portion of the prize will be forfeited.
7. NO PRIZE TRANSFER OR SUBSTITUTION.
No transfers, substitutions in prizes or cash will be allowed except at Sponsor's sole discretion, who may substitute a prize of approximately equal or greater value. Prize claimed in accordance with these Official Contest Rules will be awarded.
8. GENERAL CONDITIONS AND RELEASE.
An Entrant or winner may be disqualified from the Contest if he or she fails to comply with each provision of these Official Contest Rules, as determined in the sole discretion of Sponsor. Sponsor shall not be liable for (1) failed, returned or misdirected notifications based on inaccurate information provided by the winner, (2) entries and responses to winner notifications which are lost, late, incomplete, illegible, unintelligible, postage-due, misdirected, damaged or otherwise not received by the intended recipient in whole or in part or for computer or technical error of any kind, (3) any electronic miscommunications or failures, technical hardware or software failures of any kind, lost or unavailable network connections or failed incomplete, garbled or delayed computer transmissions which may limit an Entrant's ability to participate in the Contest, (4) any technical malfunctions of the telephone network, computer on-line system, computer equipment, software, program malfunctions or other failures, delayed computer transactions or network connections that are human, mechanical or technical in nature, or any combination thereof, including any injury or damage to Entrant's or any other person's computer related to or resulting from downloading any part of this Contest, or (5) any warranty of fitness or merchantability of any prize or the function or operation thereof, which shall be the sole responsibility of the manufacturer of the prize.
Unless prohibited by applicable law, a Submission constitutes permission to use the Entrant's Submission, name, photograph, likeness, voice, address (city and state only) and testimonials without any restrictions worldwide, royalty free across all media, the world wide web (including paid and unpaid social media, the websites of the Sponsor) in perpetuity, in any manner for publicity and advertising purposes without any compensation to the Entrant. By entering or accepting a prize in the Contest, the winner agree to be bound by these Official Contest Rules and to conform to all federal, state and local laws and regulations. When applicable, the winner will be required to execute and return to Sponsor within five (5) business days an Affidavit of Eligibility and Liability/Publicity Release to be eligible for the prize or an alternate winner will be selected. The winner may be required to furnish proof of identity, address and birth date in order to receive prize.
By entering the Contest, an Entrant agrees to, indemnify, defend, release, discharge and hold harmless Instagram, the Sponsor and any other party associated with the development and administration of this Contest, their parent, subsidiary and affiliated entities, directors, officers, employees, attorneys, agents, assigns, successors and representatives (collectively, "RELEASED ENTITIES") from any damage, injury, death, loss, claim, action, demand, action of any kind or other liability (collectively "Claims") that may arise from his or her acceptance, possession and/or use of any prize or his/her participation in this Contest, or from any misuse or malfunction of any prize awarded, regardless of whether such Claims, or knowledge of the facts constituting such Claims, exist at the time of entry or arise at any time thereafter. Any person attempting to defraud or in any way tamper with this Contest will be ineligible for prizes and may be prosecuted to the full extent of the law. If winner is deemed to be a minor under the jurisdiction of his/her residence, the prize may be awarded in the name of his/her parent or legal guardian who must execute the necessary affidavit and release. The Sponsor is not responsible for any typographical or other error in the printing of the offer or the advertising for the Contest, administration of the Contest, or in the announcement of the prize. Sponsor reserves the right to modify the Official Contest Rules of the Contest in any way or at any time. Sponsor reserves the right, in its sole discretion, to cancel or suspend this Contest should viruses, bugs or other causes beyond its control corrupt the administration, security or proper play of the Contest.
All federal, state and/or local income and other taxes, if any, are the winner's sole responsibility. Sponsor will withhold and/or report taxes as required by the applicable law of Sponsor's jurisdiction and winner's jurisdiction. All expenses not specifically provided for by Sponsor in these Official Contest Rules are the sole responsibility of the winner.
(i) Submissions that are lost, late, misdirected, incorrect, garbled, or incompletely received for any reason will not be eligible. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process. (iii) Sponsor further reserves the right to cancel, terminate or modify the Contest if it is not capable of completion as planned, including by reason of tampering or force majeure. (iv) Released Entities are not responsible for errors in the administration or fulfillment of this Contest, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Contest based upon such error at its sole discretion without liability. (v) RELEASED ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS TO THIS CONTEST OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor reserves the right to modify or terminate this Contest or disqualify any entry in the event of technical impairment by computer virus or otherwise. In the event of a dispute concerning the identity of the person submitting an entry, the entry may be deemed to be submitted by the person in whose name appears on the Submission.
11. APPLICABLE LAWS AND JURISDICTION.
This Contest is subject to all applicable federal, state, and local laws and regulations. By entering, you agree to be bound by these rules, and to be contacted by Sponsor by telephone, mail, email or via social media regarding this Contest. Issues concerning the construction, validity, interpretation and enforceability of these Official Contest Rules shall be governed by the laws of the State of California. All disputes arising out of or connected with this Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Mateo, California. Should there be a conflict between the laws of the State of California and any other laws, the conflict will be resolved in favor of the laws of the State of California. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys' fees) associated with participation in this Contest and shall not include any indirect, punitive, incidental and/or consequential damages. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
12. Entrant's Person Information:
13. WINNER LIST.
For a list containing the name of the winner(s), send a self-addressed stamped envelope, within six (6) months of the close of the Contest, to: bebe, Attn: "#bebefest Contest", 10345 W. Olympic Blvd., 3rd Floor, Los Angeles, CA, 90064.
This Contest is sponsored by bebe stores, inc., 400 Valley Dr., Brisbane, CA 94005 (the "Sponsor").