2016 #1 Whale Fan Application

2016 #1 Whale Fan Application
General Info:
Name: _______________________________________________________________________
Mailing Address: _______________________________________________________________
Email: _______________________________________________________________________
Phone Number: ________________________________________________________________
Date of Birth: __________________________________________________________________
Instagram Handle(s):____________________________________________________________
Writing Section:
Please answer the following 3 questions. Be creative and articulate with your responses, and
limit each response to 250 words.
1) Why should you be the #1 Whale Fan?
________________________________________________________________________
________________________________________________________________________
2) What does Every day should feel this good mean to you?
________________________________________________________________________
________________________________________________________________________
3) If you could ask Shep & Ian one question, what would it be?
________________________________________________________________________
________________________________________________________________________
The undersigned hereby agrees to the terms and conditions contained in the attached Official
Rules:
Printed Name: ________________________________________________________________
Signature: ___________________________________________________________________
If Contestant is under 18 years of age, Name and Signature of parent or legal guardian:
Printed Name: _________________________________________________________________
Signature: ____________________________________________________________________
VINEYARD VINES #1 WHALE FAN
OFFICIAL RULES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES
OF WINNING. VOID WHERE PROHIBITED.
GENERAL
The contest administered by Vineyard Vines LLC (the “Contest”) is a skill-based Contest and
chance plays no part in determining the Contest winner (the “Winner”). These Official Rules
form a binding legal agreement between the Contestant and Vineyard Vines LLC (“Vineyard
Vines”) with respect to the Contest.
PRIZES
The prize for the “Grand Prize Winner” will be an expense paid trip to vv HQ for you and a
friend or parent/guardian (if the Winner is under 18 years of age), meet Shep & Ian, tour the
office, personal shopping experience at our Greenwich store [value $1,000], announcement of
Winner on the Vineyard Vines Instagram page. The prize for each “Daily Prize Winner” will be
a #1 Whale Fan foam finger and a $50 Vineyard Vines gift card. Vineyard Vines may announce
any Daily Prize Winner on the Vineyard Vines Instagram page.
ELIGIBILITY
The Contest is open only to legal residents of the fifty (50) United States (and the District of
Columbia) 13 years of age or older. Void where prohibited. By participating, entrant agrees to
abide by these Official Rules and the decisions of Sponsor, which are final and binding in all
respects. All federal, state and local laws apply. Anyone who participates in the Contest shall be
known as the “Contestant”. The following individuals are not eligible to participate in a
Contest: employees, contractors, directors and officers of Vineyard Vines or its subsidiaries,
affiliates or agents (collectively, “Contest Parties”), and any spouse, parent or child of any of
the Contest Parties. If the Winner is under 18 years of age, in order to accept the Prize, his or her
parent/legal guardian must have agreed to the terms and conditions contained in this Official
Rules and he or she must be accompanied on the trip to vv HQ by a parent or legal guardian.
CONTEST
The entry period for the Contest is from February 11, 2016 12:01 AM ET until February 21,
2016 11:59 PM ET (the “Entry Period”). One “Daily Prize Winner” will be selected each day
during Fan Appreciation Week (February 15, 2016 to February 19, 2016) from the eligible
entries received prior to such date. The “Grand Prize Winner” will be selected and announced
on or around February 26, 2016 from all eligible entries received. A Daily Prize Winner is
eligible to be selected as the Grand Prize Winner. Vineyard Vines reserves the right to extend
the deadline for submission of entries and the right to suspend, modify or cancel the Contest due
to a lack of a significant number of participants, or for any other reason, as determined in
Vineyard Vines’ sole discretion. Vineyard Vines is the official timekeeper for purposes of this
Contest.
ADMINISTRATION OF CONTEST
1.
Submission of Entry
To enter the Contest, Contestant will submit a photo, completed Whale Fan questionnaire and
signed copy of these Official Rules by email to [email protected] during the Entry
Period. All Entries must be received during the Entry Period and must satisfy all other
requirements contained or referred to in these Official Rules.
IN ORDER TO BE ELIGIBLE TO PARTICIPATE IN THE CONTEST, CONTESTANT
REPRESENTS AND WARRANTS TO VINEYARD VINES AS FOLLOWS:
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You are thirteen (13) years of age or older;
You have fully complied with all rules, terms and conditions contained in these Official
Rules;
The statements you make or stories you tell in the Entry as well as any other information
you provide to vineyard vines are true and correct;
You have secured all rights from all other persons who appear in the Entry necessary to
allow you to grant to vineyard vines all rights of such other persons in the Entry;
You are the owner of all rights in the Entry, the Entry is completely original and was
created solely by you, and the Entry does not incorporate any material that is owned by
anyone other than you, or, if you have included any third-party materials (including, for
example and without limitation, any photography, artwork, text, copy, trademarks or
logos owned by anyone other than you) in your Entry, you have secured all rights in the
third- party materials necessary to allow you to grant to vineyard vines the rights in the
third- party materials as detailed in these Official Rules;
You have the right to grant the rights granted herein, and neither the Entry, nor the use of
the Entry by vineyard vines will infringe upon or violate the intellectual property rights or
other rights of any other person or entity or any applicable laws.
In addition, the Entry does not contain any content:
(a) That is defamatory, libelous, abusive, threatening, racist, sexist, homophobic,
vulgar, obscene, pornographic, offensive, indecent, or otherwise objectionable;
(b) That promotes hatred or physical harm of any kind against any group or individual;
(c) That is derogatory to members of a particular race, nationality, sex, sexual
orientation or religion;
(d) That promotes illegal activity; or
(e) That contains any advertising or other commercial content.
VINEYARD VINES RESERVES THE RIGHT TO REJECT ANY ENTRY THAT IT
DEEMS, IN ITS SOLE DISCRETION, TO VIOLATE ANY OF THE REQUIREMENTS
OF THESE OFFICIAL RULES. ENTRIES MUST ALSO COMPLY WITH ALL OF
THE CONTESTANT’S REPRESENTATIONS AND WARRANTIES CONTAINED IN
THESE OFFICIAL RULES. NO ENTRIES WILL BE RETURNED.
BY SUBMITTING AN ENTRY, A CONTESTANT ACKNOWLEDGES THAT HIS OR
HER ENTRY, OR ANY PART THEREOF MAY BE POSTED BY VINEYARD VINES,
IN ITS SOLE DISCRETION, ON THE VINEYARD VINES' WEBSITE OR IN ANY
VINEYARD VINES STORE (THE “WEBSITE”).
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BY SUBMITTING AN ENTRY, A CONTESTANT GRANTS TO VINEYARD VINES
AND ITS RESPECTIVE SUBSIDIARIES, AFFILIATES SUCCESSORS AND ASSIGNS
AND TO SUCH OTHER PERSONS AS THE COMPANY MAY DESIGNATE FROM
TIME TO TIME (“LICENSEES”), A WORLDWIDE, PERPETUAL, FULLY-PAID,
ROYALTY-FREE, IRREVOCABLE, EXCLUSIVE LICENSE TO REPRODUCE, REFORMAT, RE-PACKAGE, PREPARE DERIVATE WORKS FROM, DISTRIBUTE,
PUBLICLY DISPLAY, EXHIBIT, TRANSMIT, BROADCAST, TELEVISE, DIGITIZE,
EDIT, OTHERWISE USE, SELL AND OFFER FOR SALE AND PERMIT OTHERS TO
EXPLOIT THROUGHOUT THE WORLD ANY SUBMITTED ENTRY OR ANY PART
THEREOF, REGARDLESS OF FORMAT, IN ANY MANNER, FORM, OR FORMAT
NOW OR HEREINAFTER CREATED, INCLUDING, BUT NOT LIMITED TO, THE
INTERNET, AND FOR ANY PURPOSE, INCLUDING, BUT NOT LIMITED TO,
ADVERTISING OR PROMOTING THE CONTEST AND THE PRODUCT, ALL
WITHOUT FURTHER CONSENT FROM OR PAYMENT TO CONTESTANT.
Vineyard Vines shall have the right, in its sole discretion, to edit, composite, morph, scan,
duplicate, or alter the Entry in any manner for any purpose that vineyard vines deems necessary
or desirable, and you irrevocably waive any and all so-called moral rights you may have in the
Entry and you agree that you shall have no right of approval, no claim to compensation, and no
claim (including, without limitation, claims based upon invasion of privacy, defamation, or right
of publicity) arising out of any use, blurring, alteration, editing, morphing, distortion, illusionary
effect, faulty reproduction, fictionalization, or use in any composite form of the Entry.
2.
Selection of Winner
The Grand Prize Winner and each Daily Prize Winner will be chosen by Shep and Ian Murray
(the “Judges”), in their sole discretion, based on the entry’s creativity (25%), originality (25%)
and the degree to which the entry reflects the Vineyard Vines' lifestyle (50%). All decisions of
the Judges are final. Vineyard Vines will post the name of the Grand Prize Winner on the
Vineyard Vines Instagram page on or around February 26, 2016. Each Daily Prize Winner may
be announced on the Vineyard Vines Instagram page each day during Fan Appreciation Week.
GENERAL CONDITIONS
By participating, Contestant agrees to be bound by these Official Rules and the decisions of the
Judges, which are final on all matters pertaining to the Contest, and Contestant waives any right
to claim ambiguity in a Contest or these Official Rules. Vineyard Vines is not responsible for
lost, late, or misdirected Entries.
BY ENTERING THE CONTEST, EACH CONTESTANT AFFIRMS HIS OR HER
ELIGIBILITY, REPRESENTS AND WARRANTS THAT HE OR SHE HAS REVIEWED
THE TERMS AND CONDITIONS AND PRIVACY POLICY OF VINEYARD VINES,
AND AGREES TO BE BOUND BY THESE OFFICIAL RULES AND ALL DECISIONS
OF THE JUDGES, WHICH ARE FINAL, BINDING AND CONCLUSIVE WITH
RESPECT TO ALL MATTERS RELATING TO A CONTEST.
EACH WINNER HEREBY (UNLESS PROHIBITED BY LAW) IRREVOCABLY
GRANTS TO VINEYARD VINES AND ITS SUBSIDIARIES, AFFILIATES, LEGAL
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REPRESENTATIVES, SUCCESSORS, ASSIGNS, AGENTS AND LICENSEES, THE
UNCONDITIONAL AND PERPETUAL RIGHT AND PERMISSION TO COPYRIGHT
(AS APPROPRIATE), REPRODUCE, COPY, TRANSMIT, PUBLISH, POST,
BROADCAST, DISPLAY, EXHIBIT AND/OR OTHERWISE USE OR REUSE
(WITHOUT LIMITATION AS TO WHEN OR TO THE NUMBER OF TIMES USED),
THE CONTESTANT’S NAME, CITY OF RESIDENCE, LIKENESS, STATEMENTS,
BIOGRAPHICAL MATERIAL, INCLUDING, BUT NOT LIMITED TO, THE ENTRY
AS WELL AS ANY ADDITIONAL PHOTOGRAPHIC IMAGES, VIDEO IMAGES,
PORTRAITS, INTERVIEWS OR OTHER MATERIALS RELATING TO THE
CONTESTANT AND ARISING OUT OF HIS OR HER PARTICIPATION IN THE
CONTEST (WITH OR WITHOUT USING THE CONTESTANT’S NAME) IN ANY
MEDIA THROUGHOUT THE WORLD FOR ANY PROPER PURPOSE, WITHOUT
LIMITATION, AND WITHOUT ADDITIONAL REVIEW, COMPENSATION, OR
APPROVAL FROM THE CONTESTANT OR ANY OTHER PARTY. IF NECESSARY
THE WINNER SHALL EXECUTE ADDITIONAL DOCUMENTATION AS MAY BE
REQUIRED UPON WINNING THE CONTEST IN CONNECTION WITH THE
FOREGOING.
Except as otherwise stated herein, any personal information about a Contestant collected in
connection with any Contest will be used and disclosed pursuant to the Privacy Policy of
Vineyard Vines which is available at http://www.vineyardvines.com/Privacy-Policy/privacypolicy,default,pg.html. By entering a Contest, each Contestant expressly agrees to receive email
notifications from Vineyard Vines regarding the status of such Contest. Unless the Contestant
indicates that he or she does not wish to receive email from Vineyard Vines, such Contestant
may also receive Vineyard Vines’ email regarding Vineyard Vines’ products and services and
other information that might be of interest to Contestant.
If any provision of these Official Rules shall be deemed to violate any federal, state or municipal
law, it shall be amended to conform to such law and all other provisions shall remain in full force
and effect. The interpretation and enforcement of these Official Rules will be governed by the
laws of the State of Connecticut, USA, except to the extent required to be governed by the local
law in the place of residence of the Contestant. The Contest is subject to all applicable national,
federal, provincial, state and local laws.
LIMITATIONS OF LIABILITY AND RELEASE
By participating in the Contest, each Contestant agrees to release and hold harmless Vineyard
Vines, Instagram, their respective parents, subsidiaries, affiliates, and each of their respective
officers, directors, employees, and agents (the “Released Parties”) from and against any claim or
cause of action arising out of participation in the Contest, including, but not limited to, (a)
technical errors, including those on the Instagram platform, or (b) injury or damage to persons or
property which may be caused, directly or indirectly, in whole or in part, from your participation
in the Contest. You further agree that in any cause of action, the Released Parties’ liability will
be limited to the cost of participating in the Contest, and in no event shall the Released Parties be
liable for attorney’s fees. You waive the right to claim any damages whatsoever, including, but
not limited to, punitive, consequential, direct, or indirect damages. By accepting a prize in a
Contest, each Contestant agrees that the Released Parties shall not be liable for any loss or injury
resulting from participation in such Contest, or the acceptance or use of any prize. None of the
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Released Parties shall be liable in the event that any portion of a Contest is cancelled due to
condition beyond their control, including, without limitation, a lack of significant participation,
as determined by Vineyard Vines, in its sole discretion. Vineyard Vines is not responsible for:
(1) incorrect or inaccurate transcription of entry information or late, lost, stolen, illegible,
incomplete, misdirected or entries received through impermissible or illegitimate channels, all of
which will be disqualified; (2) technical failures of any kind, including but not limited to the
malfunctioning of any telephone, computer, network, hardware or software; (3) the unavailability
or inaccessibility of any website or service; (4) unauthorized human intervention in any part of
the entry process or the Contest; (5) electronic or human error which may occur in the
administration of the Contest or the processing of entries; (6) late, lost, undeliverable, damaged
or stolen mail, or (7) any injury or damage to persons or property, including but not limited to
entrant's computer, which may be caused, directly or indirectly, in whole or in part, from
entrant's participation in the Contest or from downloading any material from Vineyard Vines's or
any other website(s), regardless of whether the material was prepared by Vineyard Vines or a
third party, and regardless of whether the material is connected to Vineyard Vines's website by a
hypertext link. If for any reason an entrant's entry is confirmed to have been erroneously deleted,
lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest,
provided that, if it is not possible to award another entry due to discontinuance of the Contest, or
any part of it, for any reason, Vineyard Vines, in its sole discretion, may elect to choose the
winner(s) from among all eligible entries received up to the date of discontinuance for any or all
of the prizes offered herein. No more than the stated number of prizes will be awarded. In the
event that production, technical, or any other reasons cause more than the stated number of
prizes as set forth in these Official Rules to be available and/or claimed, Vineyard Vines reserves
the right to award only the stated number of prizes by a random drawing among all legitimate,
un-awarded, eligible prize claims.
Except where prohibited, each Contestant agrees that any and all disputes, claims and causes of
action arising out of, or connected with, the Contest or any prize awarded shall be resolved
individually, without resort to any form of class action, and exclusively by the appropriate court
located in Connecticut. All issues and questions concerning the construction, validity,
interpretation and enforceability of these Terms and Conditions, your rights and obligations, or
the rights and obligations of Vineyard Vines in connection with the Contest, shall be governed
by, and construed in accordance with, the laws of Connecticut, without giving effect to any
choice of law or conflict of law rules (whether of Connecticut or any other jurisdiction), which
would cause the application of the laws of any jurisdiction other than Connecticut.
[Signature page follows]
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WINNERS LIST
The name of the Grand Prize Winner will be available starting on February 26, 2016 at
http://www.instagram.com/vineyardvines for at least 60 days after the date on which the Winner
is announced. The list of the Daily Prize Winners is available on request. Please send an email
with the subject line “Vineyard Vines #1 Whale Fan List Request” to
[[email protected]]. Requests must be received within four (4) weeks of the end of the
Entry Period.
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