Hi Lovelies, time for another cool contest!
YOUR MOTHER’S WORST FASHION MOMENT!
Mothers are very stylish & glamorous, BUT there’s always a hidden picture, or one ready to be snapped revealing your mother’s worst fashion moment!
For a chance to win one of three ModDeals.com gift cards… read Rules below.
HOW TO ENTER:
1. Follow ModDeals in at least one of our Social Networks:
@Moddeals on Instagram.
@ModDeals on Twitter
@ModDeals on Facebook
2. Upload and Post a photo of YOUR mother’s worst fashion moment to Instagram, Twitter or Facebook, and use the hashtag: #mothersworstfashionmoment and tag @modddeals on your photo post.
3. Contest starts on Wednesday May 08, 2013 at 12:30 p.m. (PST), and ends on Sunday, May 12, 2013 at 11:59 p.m. (PST)
4. First Place Winner: $100.00
- Second Place Winner: $75.00
- Third Place Winner: $50.00
5. Photos entered do not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each Photo. Each Photo must not, in the sole discretion of Sponsor, contain obscene, defamatory, or otherwise objectionably or inappropriate content.
Read Complete Rules & Regulations below!
NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING.
VOID WHERE PROHIBITED BY LAW.
The Promotion is a contest promotion offered by ModMerica Inc. (the “Sponsor”). The Rules govern the promotion and they constitute an agreement between Sponsor and any person who acts to enter or participate in the Promotion or otherwise assents to these Rules (“you,” “your,” etc.). Such action or other assent constitutes your agreement to these Rules.
Please note that this Promotion is not in any way sponsored, endorsed or administered by, or associated with, Facebook, Twitter, or Instagram. You are providing information to ModMerica, and not to Facebook, Twitter, or Instagram.
Participation is open only to persons who at the time of entering (A.) have reached the legal age of majority where they reside and (B) are legal residents of the United States (including the District of Columbia, but excluding Rhode Island). Employees of ModMerica, or its affiliates are not eligible to participate in the Promotion; nor are any immediate family members (such as: mother, father, brother, sister, son, daughter, or spouse) of any such employee nor any person living in the same household as any such employee. The Promotion is subject to all applicable laws and regulations. Notwithstanding any other terms of these Rules, this Promotion is Void Where Prohibited by Law
2. HOW TO ENTER
The Promotion (Contest) begins at 12:30 p.m. Pacific Time (“PT”) on May 08, 2013 and ends at 11:59 p.m. PT on May 12, 2013.
To enter, the contestant must be following ModDeals on at least one of the following social platforms:
2.Upload the Photo to Instagram, Twitter, or Facebook with the hashtag #mothersworstfashionmoment tag @moddeals and post your Photo.
All Photographs must be received by May 12, 2013 before 11:59 p.m. (PST).
There is no limit to the number of Photos an entrant may submit.
You also agree to abide by Instagram’s Community Guidelines http://help.instagram.com/477434105621119/) and any other terms and conditions set forth by Instagram.
You also agree to abide by Twitter’s Community Guidelines https://twitter.com/tos and https://support.twitter.com/articles/18311-the-twitter-rules# - and any other terms and conditions set forth by Twitter.
You also agree to abide by Facebook’s Community Guidelines https://twitter.com/tos- and any other terms and conditions set forth by Facebook.
By entering this Promotion, you represent, acknowledge and warrant that each submitted Photo is an original work created solely by you, that each Photo does not infringe on the copyright, trademark, moral right, right of privacy/publicity, or any other intellectual property right of any person or entity, and that no other party has any right, title, claim or interest in or to each Photo. Each Photo must not, in the sole discretion of Sponsor, contain obscene, defamatory, or otherwise objectionably or inappropriate content.
In its discretion, Sponsor may disqualify any Photo (in whole or in part) that Sponsor determines, in its sole discretion, was obtained or submitted through unauthorized means or sources, is not original, is illegible, mutilated, altered, reproduced, stolen, forged, counterfeited, irregular, or is non-compliant with these Rules.
There are three (3) prizes available to be won (each, a “Prize”). The first (1st) place prize shall be a One Hundred Dollar (USD $100.00) gift card to Sponsor’s (ModDeals) online store; the second (2nd) place prize shall be a Seventy Five Dollar (USD $75.00 ) gift card to Sponsor’s (ModDeals) online store; and the third (3rd) place prize shall be a Fifty Dollar (USD $50.00) gift card to Sponsor’s (ModDeals) online store. Sponsor’s online store is located at www.moddeals.com. The total retail value of the Prizes in the aggregate is USD $225.00 For the purpose of determination of each Prize’s value (or any part thereof, or the aggregate of all Prizes), the determination of Sponsor will be final and binding. The right to a Prize (or any part thereof) is not transferable by a winner. Each Prize (or any part thereof) must be accepted as awarded with no substitutions (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, any Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and other costs and expenses arising from or relating to a Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of each Prize winner, except for a single instance of shipping and handling arranged by Sponsor for each Prize.
4. JUDGING; SELECTION AND NOTIFICATION OF WINNERS
Three (3) Prize winners will be selected by the Sponsor on May 13, 2013 from among all eligible entries received by 11:59pm PST on May 12, 2013, based on the judges review of all entries and their selection of entries based on the judging criteria set forth below. By participating, entrants agree to be bound by the Rules and the decisions of the judges, which shall be final and binding in all respects. This Promotion is a skill-based, creativity, and originality contest, and chance or luck plays absolutely no part in the determination of the three winners.
The Photos will be judged by employees of Sponsor on the basis of creativity, photo composition, style theme and authenticity/uniqueness. Submitted Photos may not be altered in any way.
The Sponsor reserves the right to require each potential winner to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules. The Sponsor or its designee will attempt to contact each potential winner by email, mail, telephone and/or on Sponsor’s blog located at www.blog.moddeals.com twice over a seven (5) day period from the date Sponsor first posts each potential winner’s name on its blog located at www.blog.moddeals.com or otherwise contacts each potential winner as specified herein. If any of the potential winners cannot be contacted after seven (5) days from the date Sponsor first posts each potential winner’s name on its blog located at www.blog.moddeals.com, or if a Prize notification is returned or reported as undeliverable, or if a potential winner (whether or not contacted) is deemed to be ineligible or disqualified (which shall be in the Sponsor’s sole discretion), or if a potential winner fails to, is unable to or is unwilling to comply with these Rules, or if a potential winner fails to, is unable to or is unwilling within fourteen (14) days to sign and deliver to Sponsor’s satisfaction a waiver, release and confirmation of eligibility under and compliance with these Rules, then that potential winner forfeits all rights to win the Promotion or receive a Prize and will be deemed disqualified. In such case another potential winner shall be selected for the Prize at issue based upon the judging criteria set forth above. This process may be repeated until each Prize has been awarded and delivered, upon which event such potential winners will be declared the winners of the Promotion. All findings, determinations and decisions of the Sponsor and/or the judges may be made in the Sponsor’s and/or the judges’ sole discretion and are final and binding in all matters relating to this Promotion and in all respects.
5. RELEASE AND CONSENT; LICENSE
By participating in this Promotion, each entrant agrees to release Sponsor and the other Released Parties from any and all liability, claims, injuries, losses, harm or damages of any kind caused by, resulting from or otherwise arising in connection with this Promotion, participation in this Promotion, the operation, administration, change or cancellation of the Promotion or any acceptance, use, misuse or consequence of any Prize. As used in these Rules, “Released Party(ies)” means and includes, Sponsor and its Affiliates, Instagram, Sponsor’s marketing partners, suppliers and advertising and/or promotion agencies, any person or entity providing, supplying, fulfilling, delivering or honoring any Prize, any of the contractors, licensors or suppliers of any of the foregoing, any of the Affiliates of any of the foregoing and any of the directors, officers, employees, agents or representatives of any of the foregoing. Any recourse you have regarding any such liability, claims, injuries, losses, harm or damages is limited solely and exclusively to the Sponsor and not to any other Released Party nor to any other person or entity. For purposes of these Rules, an “Affiliate” of an entity, association, business or other specified person is an entity, association, business or person that directly, or indirectly through one or more intermediaries, controls, or is controlled by, or is under common control with, such specified entity, association, business or person.
In addition to Sponsor, any Released Party may enforce any provision of these Rules that specifically addresses a Released Party and, according to its express terms, represents an actual or potential protection or benefit for the Released Party.
Except where prohibited by law, by entering the Promotion, you hereby consent to Sponsor’s and its designees’ and their respective Affiliates’ publication, broadcast, website posting and other dissemination and use of your Photo(s), picture, name, address, voice, likeness and/or statements for legal, information, editorial, promotional, advertising and/or publicity purposes in any media, worldwide, without limit and without further compensation.
By entering the Promotion, you hereby grant an irrevocable, perpetual, worldwide, non-exclusive license to Sponsor and its Affiliates, to reproduce, distribute, display and create derivative works of the Photo(s) (with or without a name credit) in connection with this Promotion, the promotion thereof, in connection with Sponsor’s business, or for any lawful purpose, in any media now or hereafter known. You further consent to Sponsor and its Affiliates doing or omitting to do any act that would otherwise infringe upon your “moral rights” in your Photo(s). Any display or publication of your Photo(s) does not indicate that you will be selected as a Prize winner. Neither Sponsor nor its Affiliates will be required to pay any further compensation or seek any additional approval in connection with such license and use.
6. DISCLAIMERS AND NOTICES
Sponsor is not responsible for (i) Photos that (for whatever reason and whoever’s fault – unless done fraudulently by Sponsor) are incomplete, lost, damaged, destroyed or unintelligible; (ii) telephone, technical, network, online, electronic, computer hardware or software failures of any kind; (iii) incomplete, garbled or delayed Internet/e-mail computer transmissions on account of operator error, technical problems, traffic congestion on the Internet, congestion or problems regarding any Web site, or any combination thereof; (iv) any condition caused by events beyond Sponsor’s control which disrupts or interferes with the Promotion; or (v) any injury, loss, damage or liability of any kind arising out of or relating to your participation in the Promotion or the delivery, transfer, receipt, acceptance, possession, use or disposition of a Prize (or any substitution), including without limitation any injury, loss, or damage to your or any other person’s computer or property relating to or resulting from participation in, or downloading or viewing any materials in connection with, this Promotion.
Sponsor reserves the right at its sole discretion (i) to modify, postpone, defer or cancel the Promotion at any time and with or without notice and (ii) to disqualify any individual that tampers or attempts to tamper with the entry process, violates these Rules, or acts in an inappropriate or disruptive manner, or with intent to annoy, abuse, threaten or harass any person.
SPONSOR MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WITH REGARD TO THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE (OR ANY SUBSTITUTION) OR ANY COMPONENT OF ANY PRIZE (OR ANY SUBSTITUTION). ANY ATTEMPT BY YOU OR ANY PERSON TO DELIBERATELY DAMAGE A WEBSITE OR PROMOTION-RELATED MECHANISM OR PROCESS OR TO UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION 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 ENTRANT OR OTHER PERSON TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
Any and all claims, judgments, and awards shall, in addition to any limits and exclusions provided for elsewhere in these Rules, be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees or litigation, arbitration or mediation costs or expenses of any kind. UNDER NO CIRCUMSTANCES WILL SPONSOR OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES THAT IN THE AGGREGATE (REGARDLESS OF THE NUMBER OF CLAIMS OR CLAIMANTS, AND REGARDLESS OF THE TIMING OF CLAIMS) EXCEED $500, NOR FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, THE FOREGOING EXCLUSIONS AND LIMITATIONS SHALL APPLY REGARDLESS OF THE BASIS OF, OR THEORY OF RELIEF REGARDING, ANY CLAIM OR ACTION (INCLUDING, WITHOUT LIMITATION, ANY FORM OF NEGLIGENCE OR STATUTORY OR REGULATORY VIOLATION) AND REGARDLESS OF WHETHER SPONSOR OR ANY OTHER RELEASED PARTY WAS AWARE OR NOTIFIED OF THE HARM, DAMAGE OR LOSS SUFFERED OR ALLEGED.
The protections and benefits of this Section 6 shall be construed as also applying for the protection and benefit not only of Sponsor but of all Released Parties as well.
7. APPLICABLE LAW AND VENUE
This Promotion is subject to all applicable laws and regulations. However, all issues, allegations, claims, actions or disputes concerning compliance or non compliance with these Rules or the construction, validity, interpretation, enforceability or breach of these Official Rules (collectively, “Rules-Related Disputes”), shall be governed by the laws of the State of California (excluding conflicts of laws rules). All Rules Disputes and all other claims, actions and disputes arising out of or connected with this Promotion or the Rules will be resolved individually, and without resort to class action, exclusively by a state or federal court located in San Diego County, 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.
8. WINNER’S LIST
The identity of the winners will be published approximately one (1) day after the winners have been finally declared and the Prizes have been finally awarded. Such publication will be posted to: www.blog.moddeals.com, or such other Web location of Sponsor’s as may be deemed appropriate by Sponsor. For the name of the Prize winners, you may also send a request that includes a self-addressed, stamped envelope to: ModMerica,Inc. – ATTN: Marketing Department, 6020 Progressive Avenue, Suite 100, San Diego CA 92154. Such requests must be received no later than ninety (90) days after the Promotion is closed to further entries.
Subject to the license in Section 5 above, all entries, submissions, information, materials and content, and any prize claims, become the property of Sponsor upon submission or delivery and will not be returned. Subject to the license in Section 5 above, upon submission, Sponsor will own all right, title and interest in and to entries, submissions, information, materials and content, and any Prize claims, in perpetuity and throughout the universe and in all media and forms of expression and communication now known or hereafter developed. Sponsor solely and these Rules constitute the full and exclusive agreement relating to the Promotion. In the event of any conflict between these Rules and any statement, document or communication relating to the Promotion, these Rules shall prevail.
6020 Progressive Ave. Ste. 100
San Diego, CA 92154