#DXZCONTEST OFFICIAL RULES
December 16th, 2016 - January 3rd, 2017
No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. The “DXZ Contest” (“Contest”) will begin on December 16th, 2016 at 9:00 AM Eastern Time and end on January 3rd, 2017 at 11:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject to all applicable federal, state and local laws.
IconMod LLC, 548 W 28th Street Suite 338, New York, NY 10001
Ventura Associates International LLC, One Grand Central Place; 60 E. 42nd Street; Suite 650; NY, NY 10165, an independent judging organization whose decisions are final and binding with respect to the “DXZ Contest” (“Contest”).
Open only to permanent, legal United States (“U.S.”) residents who are legally residing in, and physically located within, the 50 states or the District of Columbia, excluding Puerto Rico(collectively, “Territory”); and who are Sixteen (16) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and each of their respective spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include “DXZ Contest” (“Sponsor”), each of their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
As part of your Entry (as defined below), you will be required to submit a photo or image (“Photo”) of you in your favorite Daya By Zendaya outfit: “DXZ Contest”. Photo must have originated with you, and you must have permission of any person who appears or is identified in your Photo. If any minor(s) appear in your Photo, the entrant must be that minor’s parent and/or legal guardian. Professional Photos with watermarks are not eligible.
All Entries become the property of Sponsor and will not be acknowledged or returned. You must submit the Photo (collectively referred to herein as the “Submissions”) as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsor the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the Submissions and to incorporate the Submissions in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsor and that the Sponsor's reproduction, publishing, displaying, and/or other use of the Submissions will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Submissions contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Submissions do not comply with these Official Rules or meet Sponsor’ standards for any reason, as determined by Sponsor in their sole discretion, such Submissions (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Daya By Zendaya Instagram page. Entries must comply with all applicable laws, rules, and regulations. Sponsor shall have no obligation to copy, publish, display, or otherwise exploit the Submissions.
Entries must be received before January 3rd, 2017 at 11:59 PM ET to be eligible for the Contest. Sponsor’s computer shall be the official timekeeper for all matters related to this Contest. You may enter only one time during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the Instagram account used to enter will be deemed to be the entrant. "Authorized account holder" of an Instagram account is defined as the person who is assigned to a Instagram account by the Instagram Website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Instagram user name, Address, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
All eligible entries can be voted on www.Instagram.com (the “Instagram website”) under the hashtag “DXZcontest” and @dayabyzendaya for viewing and voting by the public to determine the top five (5) scoring Entries. The public will vote on their favorite entries using the following weighted judging criteria: (a) most creative look (40%), (b) Personality (35%), and (c) Style (25%)
Only one (1) vote per person per photo allowed. Voting generated by script, macro or other automated means or with the intent to impair the integrity of the rating process, as determined by Contest Sponsor in its sole discretion, will be void. Entrants are prohibited from obtaining votes by any artificial and/or unethical means, paid advertising regardless of media, fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to prospective voters, including exchanging/bartering of votes as determined by Contest Sponsor in its sole discretion.
At the end of Contest Entry Period, the five (5) Entries with the most votes will be declared the winners referred to herein as a “winner” or “winners” (subject to verification) and will be affirmed as follows: The entry with the highest amount of votes/likes will be declared the first place winner. The entry with the second highest amount of votes/likes will be declared the second place winner. The entry with the third highest amount of votes/likes will be declared the third place winner. The entry with the Forth highest amount of votes/likes will be declared the forth place winner. The entry with the fifth highest amount of votes/likes will be declared the fifth and last place winner.
In the event of a tie, the Entry from among the tied Entries with the highest score in most creative look will be declared the winner. In the event of a further tie, the Entry from among the tied Entries with the highest score received for personality will be declared the winner. In the event of a further tie, the Contest Sponsor will determine the winner from among the tied Entries. The decisions of Contest Sponsor are final and binding on all matters relating to the winner determination of any set of tied entries.
SELECTION AND NOTIFICATION OF WINNERS
There will be one (1) round of judging: Public Voting for Winners to determine the Five (5) most liked pictures and those entries will be the five (5) Winners (defined below). The winners will receive a gift card to www.Dayabyzendaya.com (Total for 5 winners ARV is $950.00). Throughout the entry period (the “Voting Period”), the entries that receives the most likes during the Voting Period, as determined by Sponsor’s in their sole discretion, will be the potential winners’ (“5 Winners”), subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, ties will be broken as described with regards to the winners. The Voting Period, voting rules and procedures and voting methods are subject to change, at the Sponsor’s sole discretion, and any changes will be posted on the Website. Voting is currently limited to one (1) vote per person per photo during the Voting Period. The five (5) Winners may be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”), and other documents provided by prize provider if necessary, within five (5) business days of such notification. If a potential winner is a minor, all required documents must be signed and returned by the winner’s parent or legal guardian on minor’s behalf. Prize will be awarded to the Minor’s parent or legal guardian. Noncompliance within this time period will result in disqualification. If the potential Winners’ cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, the potential winners’ will be disqualified and Sponsor will award the Prize (defined below) to an alternate winner.
There will be Five (5) prizes awarded (“Prize”). Five (5) prize winners’ will receive a gift card to www.Dayabyzendaya.com. (ARV $950.00). The 5 most liked pictures will receive the following prizes: Winner #1- $500 DXZ gift card, Winner #2- $250 DXZ gift card, Winner #3- $100 DXZ gift card, Winner #4- $50 DXZ gift card, and Winner #5- $50 DXZ gift card. Actual Retail Value (“ARV”) of all five (5) Prizes is Nine Hundred and fifty dollars ($950.00).
All details of Prize will be determined by Sponsor in their sole discretion. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winners. Prize cannot be transferred or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsor, as determined by Sponsor in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsor’ sole discretion.
By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities, Instagram, and each of their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof, (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
Sponsor reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in their sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
IconMod LLC, 548 W 28th Street Suite 338, New York, NY 10001
For the name of the Winners, available after January 16th, 2017, send a self-addressed, stamped envelope to be received by “DXZ Contest” HD, 60 West 42nd Street, Suite 650, New York, NY 10165 before March 1st, 2017. This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram. Entrants are providing information to Sponsor’s and not to Instagram.