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#ZGALLERIEMOMENT
Photo Submission Terms & Conditions
NO PURCHASE OR PAYMENT IS NECESSARY TO PARTICIPATE. THIS IS NOT A CONTEST AND THERE IS NO PRIZE BEING OFFERED.
- SWEEPSTAKES PERIOD: Participants are encouraged to submit and upload their "#ZGALLERIEMOMENT" photos ("#ZGALLERIEMOMENT"), in accordance with these Terms and Conditions. Submissions will be accepted on a weekly basis at 12:01 AM Pacific Time ("PT") every Monday and ending at 11:59 PM PT that following Sunday (the "Submission Period"), commencing on February 26, 2013 and
ending December 29, 2013. A purchase or payment will not improve your chances of your photo being selected. #ZGALLERIEMOMENT is governed by these Terms and Conditions and is subject to all applicable U.S. federal, state and local laws. Void where prohibited.
- ELIGIBILITY FOR PARTICIPATION: #ZGALLERIEMOMENT is open only to legal residents of the continental United States, who are 18 years of age or older at the time of entry. Proof of residency and age may be required. In order to participate in #ZGALLERIEMOMENT, a Participant must fully comply with these Terms and Conditions and, by participating, you represent and warrant that you agree to be bound by these Terms and Conditions and the decisions of Sponsor, whose decisions shall be binding and final in all respects relating to #ZGALLERIEMOMENT.
- HOW TO PARTICIPATE: To participate in #ZGALLERIEMOMENT, you must have a valid, public Instagram and/or Facebook account.
To participate on Instagram:
If you do not already have an Instagram account, download the free Instagram application or visit www.instagram.com and create an account as instructed. An Instagram account is free of charge. Once you have an Instagram account to participate in #ZGALLERIEMOMENT during any of the weekly Submission Periods:
- You must follow @zgallerie on Instagram.
- Using Instagram, upload a photo (the “Photo”) tagged with the hashtag #zgalleriemoment and mention @ zgallerie.
- The Photo should depict the Participant’s style using Z Gallerie merchandise; it could be Z Gallerie merchandise styled in their home/apartment/dwelling; the photo could be a large room shot, a tight vignette moment or any photo that signifies the Participant’s personal style with Z Gallerie items.
- There are no limitations on the number of Photos that a Participant may submit but a Participant cannot have more than one (1) “Selected Photo” (as defined in Section 5 below).
- Photo submissions must be publically viewable on Instagram and must comply with Instagram’s Terms of Use and Community Guidelines, in addition to these Terms and Conditions, including but not limited to Section 3 below, in order to be eligible and qualify for participation in #ZGALLERIEMOMENT.
To participate on Facebook:
If you do not already have a Facebook account, visit https://www.facebook.com/ and create an account as instructed. A Facebook account is free of charge. Once you have a Facebook account to participate in #ZGALLERIEMOMENT during any of the weekly Submission Periods:
- You must "Like" Z Gallerie's Facebook page: https://www.facebook.com/ZGallerie to access the entry form.
- Using the Entry form, upload a photo (the “Photo”).
- Entrants must then complete the entry form with all required information
which will include Entrant's full name, email address, and description.
- The Photo should depict the Participant's style using Z Gallerie merchandise; it could be Z Gallerie merchandise styled in their home/apartment/dwelling; the photo could be a large room shot, a tight vignette moment or any photo that signifies the Participant's personal style with Z Gallerie items.
- There are no limitations on the number of Photos that a Participant may submit but a Participant cannot have more than one (1) "Selected Photo" (as defined in Section 5 below).
- Photo submissions must be publically viewable on Facebook and must comply with Facebook's Terms of Use and Community Guidelines, in addition to these Terms and Conditions, including but not limited to Section 3 below, in order to be eligible and qualify for participation in #ZGALLERIEMOMENT.
- PHOTO REQUIREMENTS: The Photo must comply with the following requirements: (i) the Photo may not feature any people other than the Participant unless Participant has obtained all necessary written permission and releases from such people prior to submission; (ii) Participant must own all rights, including copyright, in and to the Photo; (iii) other than the Sponsor, its brands and/or logos, the Photo may not show, contain, mention, depict, refer or otherwise allude to the name or logo of
any retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor or its brands; (iv) the Photo must be Participant's own original work, created solely by Participant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (v) the Photo may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (vi) the Photo cannot promote alcohol, illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vii) the Photo cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (viii) the Photo cannot contain any personal identification, such as personal names, email addresses or street addresses; (ix) the Photo cannot depict and cannot itself be in violation of any law; and (x) the Photo must otherwise be in compliance with these Terms and Conditions. Sponsor reserves the right, in its sole discretion, to reject and/or remove any Photo that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Terms and Conditions or that otherwise contains prohibited or inappropriate content.
- REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Participant
represents and warrants as follows: (i) the Photo is owned by Participant and has
not been previously published, distributed or otherwise exploited; (ii) the Photo is
wholly original with Participant and as of the date of submission, the Photo is not the
subject of any actual or threatened litigation or claim; (iii) the Photo does not and will
not violate or infringe upon the intellectual property rights or other rights of any other
person or entity, including, but not limited to, rights of privacy and publicity; and (iv)
the Photo does not and will not violate any applicable laws, and is not and will not be
considered defamatory or libelous. Each Participant hereby agrees to indemnify and
hold the Sponsor and its subsidiaries, affiliates, divisions, partners, representatives,
agents, successors, assigns, employees, officers and directors harmless from and
against any and all third party claims, actions or proceedings of any kind and from
any and all damages, liabilities, costs and expenses relating to or arising out of any
breach or alleged breach of any of the warranties, representations or agreements of
Participant hereunder.
- GRANT OF RIGHTS/SELECTION OF PHOTOS: Each Participant agrees that
Sponsor shall have the right, in Sponsor's sole discretion, to post Participant's
Photo (in whole or in part) on Twitter, Facebook, Pinterest, Instagram and other
social networking sites or any websites owned or operated by Sponsor and hereby
irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual
license to use and display the Photo for any and all purposes in any and all media
channels without limitation, worldwide and without additional compensation, notice
or approval by Participant. In its sole discretion, Sponsor shall select one (1)
Photo (the "Selected Photo") for Sponsor's use in a weekly social media marketing
campaign associated with the "#ZGALLERIEMOMENT" theme (the "Campaign").
The odds of a Participant's Photo being chosen as the Selected Photo depends
upon the number and quality of all the Photos submitted. Sponsor is under no
obligation to choose any one or more Photos as a Selected Photo and may elect to
choose more than one (1) Photo as a Selected Photo in its sole discretion.
- PUBLICITY RELEASE; USE OF PERSONAL INFORMATION: Except where
prohibited or restricted by law, a Participant's submission(s) of Photo(s) constitutes
the Participant's agreement and consent for Sponsor and any of its designees to use
and/or publish Participant's name and/or Instagram/Facebook username worldwide and in perpetuity for any and all purposes relating to #ZGALLERIEMOMENT,
including, but not limited to, promotion on behalf of Sponsor, in any and all forms of
media, now known or hereafter devised, including, but not limited to social media
or World Wide Web, without further limitation, restriction, compensation, notice,
review, or approval. By submitting Photos, Participants will be sharing their personal
information with Sponsor. Personal information collected by Sponsor will be used for
administration of #ZGALLERIEMOMENT. In addition, by participating, Participants
agree to Sponsor's use of Participant's personal information as described in its
privacy policy at www.katespade.com. Please refer to Sponsor's privacy policy
for important information regarding the collection, use and disclosure of personal
information by Sponsor. Sponsor is not responsible for disclosures made by any
third party. Participants may subsequently opt-out of receiving further emails as set
forth in Sponsor's privacy policy.
- NO TAMPERING, RIGHT TO CANCEL, MODIFY: Sponsor and its parent,
subsidiaries, affiliates, divisions, partners, representatives, agents, successors,
assigns, employees, officers and directors shall not have any obligation or
responsibility, with regard to: (a) submissions that contain inaccurate information
or do not comply with or violate these Terms and Conditions; (b) Participants who
have committed fraud or deception in participating in #ZGALLERIEMOMENT;
(c) telephone, electronic, hardware, software, network, Internet or computer
malfunctions, failures or difficulties; or (d) any damages, injuries or losses
of any kind resulting from participating in #ZGALLERIEMOMENT. Sponsor
reserves the right, in its sole discretion, to modify and/or terminate participation in
#ZGALLERIEMOMENT for any reason at any time.
- RELEASE OF LIABILITY; DISCLAIMER OF WARRANTY; FORUM SELECTION CLAUSE: By participating in #ZGALLERIEMOMENT, Participants agree to
release and hold harmless Sponsor, Instagram, Facebook, Twitter and their
respective parents, subsidiaries, affiliates, divisions, partners, representatives,
agents, successors, assigns, employees, officers and directors (the "Released
Parties"), from any and all liability, for loss, harm, damage, injury, cost or expense
whatsoever, including without limitation, property damage, personal injury (including
emotional distress), and/or death, which may occur in connection with preparation
for, or participation in, #ZGALLERIEMOMENT, and for any claims or causes of
action based on publicity rights, defamation or invasion of privacy. The Released
Parties assume no responsibility for any injury or damage to Participant's or to
any other person's computer, regardless of how caused, relating to or resulting
from participating or downloading materials or software in connection with
#ZGALLERIEMOMENT. Participants acknowledge that Sponsor has neither made
nor is in any manner responsible or liable for any warranty, representations or
guarantees, express or implied, in fact or in law. Except where prohibited, all issues
and questions concerning the construction, validity, interpretation and enforceability
of these Terms and Conditions, or the rights and obligations of Participant or
Sponsor in connection with #ZGALLERIEMOMENT, shall be governed by, and
construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California,
or any other jurisdiction), which would cause the application of the laws of any
jurisdiction other than the State of California. In addition, any dispute relating to
#ZGALLERIEMOMENT (including these Terms and Conditions) shall be brought
in the appropriate state or federal court having jurisdiction over the subject matter
located in Gardena, California. Participants hereby irrevocably consent to the
personal jurisdiction of said courts and waive any claim of forum non conveniens or
lack of personal jurisdiction that they may have.
- SPONSOR: Z Gallerie, 1855 West 139th Street, Gardena, CA, 90249.
#ZGALLERIEMOMENT is in no way sponsored, endorsed or administered by, or
associated with, Instagram, Twitter, Facebook, or any other social media platform.
Any and all questions, comments or complaints regarding #ZGALLERIEMOMENT
must be directed solely to Sponsor, not Instagram, Twitter, Facebook, or any other
third party.
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