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OFFICIAL RULES – 50 STATES OF FASHION CONTEST

1. HOW TO ENTER:

1.1 No purchase or payment of any kind is necessary to enter or win this 50 States of Fashion Contest (the “Contest”). A purchase will not increase your chance of winning the Contest. This Contest begins at 8:00 am EST on August 1, 2013 and ends 7:00 pm EST on August 21, 2012 (“Contest Period”). Beginning August 1, 2013 at 8:00 AM EST, you may enter the Contest by posting an Instagram photo relating to the theme of personal style with a minimum of one of the following hashtags that corresponds to the state you are located in:

Alabama #HMShopOnlineAL
Alaska #HMShopOnlineAK
Arizona #HMShopOnlineAZ
Arkansas #HMShopOnlineAR
California #HMShopOnlineCA
Colorado #HMShopOnlineCO
Connecticut #HMShopOnlineCT
Delaware #HMShopOnlineDE
Florida #HMShopOnlineFL
Georgia #HMShopOnlineGA
Hawaii #HMShopOnlineHI
Idaho #HMShopOnlineID
Illinois #HMShopOnlineIL
Indiana #HMShopOnlineIN
Iowa #HMShopOnlineIA
Kansas #HMShopOnlineKS
Kentucky #HMShopOnlineKY
Lousiana #HMShopOnlineLA
Maine #HMShopOnlineME
Maryland #HMShopOnlineMD
Massachusetts #HMShopOnlineMA
Michigan #HMShopOnlineMI
Minnesota #HMShopOnlineMN
Mississippi #HMShopOnlineMS
Missouri #HMShopOnlineMO
Montana #HMShopOnlineMT
Nebraska #HMShopOnlineNE
Nevada #HMShopOnlineNV
New Hampshire #HMShopOnlineNH
New Jersey #HMShopOnlineNJ
New Mexico #HMShopOnlineNM
New York #HMShopOnlineNY
North Carolina #HMShopOnlineNC
North Dakota #HMShopOnlineND
Ohio #HMShopOnlineOH
Oklahoma #HMShopOnlineOK
Oregon #HMShopOnlineOR
Pennsylvania #HMShopOnlinePA
Rhode Island #HMShopOnlineRI
South Carolina #HMShopOnlineSC
South Dakota #HMShopOnlineSD
Tennessee #HMShopOnlineTN
Texas #HMShopOnlineTX
Utah #HMShopOnlineUT
Vermont #HMShopOnlineVT
Virginia #HMShopOnlineVA
Washington #HMShopOnlineWA
West Virginia #HMShopOnlineWV
Wisconsin #HMShopOnlineWI
Wyoming #HMShopOnlineWY

 

On the Instagram Application (“Submission”), incomplete, illegible, false or deceptive Submissions are void. Post as many times as you like to increase your chances of winning.

1.2 In accordance with section 3, below, five (5) regional winners will be picked at 6:00 pm EST August 22, 2013 from all Submissions received on or before 7:00 pm EST on August 21, 2013. One (1) Grand Prize winner will be selected from five regional winners at 12:00 pm EST August 24, 2013. H&M Hennes & Mauritz L.P.’s (“H&M”) computer will serve as the official time keeping device for the Contest. All Submissions submitted become the sole property of H&M and will neither be acknowledged nor returned.

2. ELIGIBILITY: From the official time and date of the start of the Contest Period through the final date of prize fulfillment, you must be a lawful permanent U.S. citizen and resident, currently residing in the 50 United States or the District of Columbia. You must also be 21 years of age or older as of the official time and date of the start of the Contest Period. The Contest is void in Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, and all other U.S. territories and possessions where restricted or prohibited by law. The Contest, and any website pages and advertisements relating thereto, is intended for viewing only within the United States. This Contest shall be governed by laws of the United States. Employees of H&M and their advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Contest, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Contest Entities”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Contest.

3. WINNER SELECTION AND NOTIFICATION: Five (5) regional prize winners will be selected by the five (5) regional ambassadors from all eligible Submissions received between August 1, 2013 and August 21, 2013 (“Entrants”) from the entrants with the most “likes” on www.50StatesofFashion.com as fully stated in section 1 above, by H&M whose decisions are final and binding in all respects (“Potential Prize Winner”). Odds of winning the Prize, as defined in section 4 below, depend on the number of eligible Submissions received. Potential Prize Winner will be notified via Instagram. Failure of Potential Prize Winner to respond to such notification with 48 hours will result in disqualification of Potential Prize Winner and an alternate potential winner will be selected (“Alternative Potential Winner”). Alternate Potential Winner shall be contacted as soon as practicable and shall also have 48 hours to respond. H&M reserves the right to modify the notification procedures in connection with the selection of any Alternate Potential winner, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE (“Winner”).

Each Winner is then eligible for the grand prize as defined in section 4.2 below (“Grand Prize Winner”). H&M will choose one (1) Grand Prize Winner in its sole discretion, and H&M’s decisions are final and binding in all respects.

4. PRIZE AND GRAND PRIZE:

4.1 Each Regional Winner will receive a $250.00 H&M gift card.

4.2 Grand Prize Winner will receive a $1,000.00 H&M gift card and a trip for two (2) to New York to attend an H&M Event on September 6, 2013. Grand Prize includes round-trip airfare for Grand Prize Winner and Grand Prize Guest of his/her choosing to New York, hotel accommodations for two of three days and two nights at hotel of H&M’s choosing (double occupancy; room rate and tax only) for September 6 and September 7, 2013, and round trip ground transportation from Hotel to Event and (“Grand Prize”). Additional restrictions may apply. Grand Prize Winner must be able to attend the Event, as more fully described in Section 6, below

4.3 The approximate retail value ("ARV") of the Regional Winner Prize is $250.00. The approximate retail value ("ARV") of the Grand Prize is $1,500

4.4 H&M is not responsible if the Event is delayed, postponed or cancelled for any reason and winner will not be reimbursed. H&M is not responsible if Winner or Grand Prize Winner does not use his/her tickets on date of event. Prizes are non-transferable and no substitution will be made except as provided herein at H&M’s sole discretion. H&M reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.

4.5 Limit one Prize or Grand Prize per person/household. Actual value of Prize and/or Grand Prize may vary and any difference between actual value and ARV will not be awarded. Any costs associated with Prize or Grand Prize receipt and/or use that are not expressly stated above are not included in the Prize or Grand Prize package and are the responsibility solely of the winner and/or Guest or Grand Prize Winner and Grand Prize Guest, as applicable. Such costs may include, without limitation, any additional ground transportation, accommodations, travel to and from the event, meals, incidentals, tips, telephone calls or other personal costs and expenses not specified herein but relation to the use or acceptance of the Prize which are the sole responsibility of the Winner.

4.6 Winner and Guest are responsible for obtaining identification documents required for the Event. Grand Prize Winner and Grand Prize Guest are responsible for obtaining identification documents and/or other travel documents required for the trip. H&M will not replace any lost or stolen tickets, vouchers, certificates, Prize or prize components once they are in the Winner’s possession. No transfer, or cash or other substitution of any Prize or Grand Prize is allowed except that H&M reserves the right, in its sole and absolute discretion, to substitute a Prize, Grand Prize or any component thereof of comparable or greater value.

5. GENERAL PRIZE CONDITIONS:

5.1 Payments of all federal, state and local taxes are solely the responsibility of the winners. Grand Prize Winner and Winners will be required to complete and submit an IRS form W – 9 to H&M indicating the Winner’s full Social Security Number or equivalent for the receipt of any prize(s) awarded by H&M in a calendar year with an aggregate value of $600 or more. Failure to submit a complete W-9 or equivalent will result in forfeiture of the prize.

5.2 Submission of Entries: Entrants may submit a Submission based on these official rules. Submissions must only depict original images, which Entrant has independently created on his or her own without copying any portion of it from any other artwork. H&M may require that entrants post a new original artwork for any round of the Contest in the time specified by H&M in order to remain eligible.

5.3 Submission and Ownership of Content:

(a) The Contest enable entrants to submit photographs via Instagram to H&M (the “Content”) for display on the website and potential use by H&M in connection with the sale of its products, whether as a Submission in the Contest or otherwise. Upon submission, the Content, whether or not protected by copyright, will be the sole property of H&M.

(b) All results and proceeds from the Content (or in connection with any ancillary, subsidiary, supplemental, promotional or derivative work relating to any version of the Content), and all other materials of every kind whatsoever created by an entrant if relating to any version of the Content (or relating to any ancillary, subsidiary, supplemental promotional or derivative work relating to any versions of the Content) (collectively, “Work”), are a “work made for hire” (as that term is used in the United States Copyright Act) for H&M, prepared as a work specially ordered or commissioned for use by H&M; of which H&M is to be deemed the “author” within the meaning of the United States Copyright Act. All such copyrightable works, as well as all copies of such works in whatever medium fixed or embodied, will be owned exclusively by H&M upon their creation and Entrant will have no interest in any of them. Without limiting the foregoing, if any of the Work, or any part or element of the Work, is not deemed to be a “work made for hire” for H&M, Entrant irrevocably and exclusively grants and assigns to H&M (or, if any applicable law prohibits such assignment, Entrant hereby grants to H&M an irrevocable royalty-free license of) right, title and interest in and to such Work, throughout the universe, in perpetuity, in any and all media, whether now or hereafter known or devised.

(c) H&M may edit or revise the Work, both in format and in content, to meet its business needs in any way its sees fit. Entrant acknowledges and agrees that H&M shall solely and exclusively own all now known or hereafter existing rights of every kind throughout the universe, in perpetuity and in all languages, pertaining to the Work, and all elements therein for all now known or hereafter existing uses, media, and forms, including, without limitation, all copyrights (and renewals and extensions thereof) and all distribution, exhibition, publication, communication, exploitation, broadcast, transmission, sale, licensing, allied, ancillary and/or subsidiary rights, and any derivative materials created from the Work. Entrant is aware and hereby acknowledges that new rights to the Work may come into being and/or be recognized in the future, under the law and/or in equity.

(d) Entrants shall be solely responsible for the Content and the consequences of posting or publishing it. All Submissions and uploads by Entrants on the website shall be free of virus, bugs, trojans or any other malicious or harmful programs. Entrant represents and warrants that: (i) Entrant owns or has obtained the necessary licenses, rights, consents, releases and permissions to use and transfer to H&M all pre-existing artwork, text, photograph, music, likenesses, patent, trademark, trade secret, copyright or other proprietary rights in and to any and all Content to enable inclusion and use of the Content in the manner as contemplated by the website and H&M; (ii) Entrant has the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by the website and these general terms and conditions; (iii) the Content does not infringe the intellectual property right of any other person or entity; and (iv) Entrant has the full right, power and authority to grant the rights and licenses set forth in these general terms and conditions.

(f) Each Entrant agrees that H&M is not responsible for any violations of any intellectual property rights in any Content that each Entrant submits. Each Entrant understands and acknowledges that the Content will be publicly available to others and that H&M has no obligation to prevent the unauthorized copying, dissemination, alternation or other use of the Content by others.

5.4 Website Availability: Entrant understands and acknowledges that the Instagram website may be taken down for maintenance from time to time and that website features, including access to the Contest, will not be available during that time.

6. PRIZE ELIGIBILITY:
IF ANY POTENTIAL PRIZE WINNER IS NOT ABLE TO THE EVENT ON SEPTEMBER 5, 2013 IN NEW YORK, NY, THE POTENTIAL WINNER WILL BE DISQUALIFIED AND WILL RECEIVE NOTHING. AN ALTERNATE POTENTIAL WINNER WILL BE SELECTED. A POTENTIAL PRIZE WINNER IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AS FULLY STATED HEREIN, AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE. No compensation will be made in the event that the tickets are not awarded, the event does not occur, or does not occur within a certain time period, due to circumstances beyond H&M’s control. Except where prohibited, Potential Prize Winner will be required to execute an Affidavit of Eligibility, a Liability Release and a Publicity Release, and a Tax Acceptance Form (“Affidavit/ Release”). Such documents must be signed and returned by the date and/or time indicated within such documents. If Potential Prize Winner fails to sign and return such documents within that time, or if an Entrant is found to be ineligible, or if an Entrant does not comply with the Official Rules, then Potential Prize Winner will be disqualified and an Alternate Potential Winner will be selected. Entrant waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem said Prize and any liability which might arise from redeeming or seeking to redeem said Prize. H&M is not responsible for fraudulent calls or emails made to Entrants not from H&M. All federal, state or other tax liabilities (including income taxes) arising from this Contest will be the sole responsibility of the Winner or Grand Prize Winner. Except where prohibited by law, each Winner’s entry and acceptance of the Prize or Grand Prize as applicable, constitutes permission for the Contest Entities to use the name, photograph, likeness, statements, biographical information, voice, city and state address of Winner for promotional or advertising purposes in connection with this Contest on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review permission or further compensation. All Submissions are subject to verification prior to awarding of Prize or Grand Prize. Eligibility, age and claims made by a Potential Prize Winner are also subject to verification prior to awarding of the Regional Prize or Grand Prize.

7. CONTEST CONDITIONS - VOID WHERE PROHIBITED: This Contest is subject to all applicable federal, state and local laws of the United States. By participating, Entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of H&M and waive any and all right to claim ambiguity in the Contest or these Official Rules. Grand Prize Winner, Winner, Grand Prize Guest, Guest, and Entrants also agree to release, discharge, indemnify and hold harmless the Contest Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys’ fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property; of any acceptance, possession, ownership, misuse of any Prize; or participation in any distribution; or in production errors. H&M may rescind any promotion found to contain such errors without liability at its sole discretion. THE CONTEST ENTITIES DO NOT MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OR GOVERNMENT OR AUTHORITY.

8. RESTRICTIONS - VOID WHERE PROHIBITED: H&M may at H&M’s sole and absolute discretion: (i) provide different prizes of different or greater value; H&M shall not be liable to any Entrant, Grand Prize Winner, Winner, Grand Prize Guest or Guest or any person or any person claiming through such Entrant, Grand Prize Winner, Winner, Grand Prize Guest or Guest for failure to supply the Prize, Grand Prize or any part thereof, reason of any acts of God, any action(s) regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s) regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond H&M’s sole control. H&M shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whosoever by the performers/events, air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. H&M shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. Due to the nature of the Prize and Grand Prize, H&M shall not be obligated to provide the Prize to the Potential Prize Winner if a Winner cannot fully enjoy the Prize, or Grand Prize Winner cannot fully enjoy the Grand Prize, due to illness or other reason, which shall be determined in H&M’s sole discretion. Under this circumstance, H&M may or may not seek an Alternate Potential Winner if it feels there is a reasonable time to do so, in its sole discretion. H&M’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

9. LIMITATION OF LIABILITY: Contest Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete Submissions or entries due to system errors or failure, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Contest; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Contest; (5) technical or human error which may occur in the administration of the Contest or the processing of entries; or (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or part, from Entrant’s participation in the Contest or receipt or use of any Prize or Grand Prize. If for any reason an Entrant’s Submission is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, Entrant’s sole remedy is another entry in the Contest. If for any reason this Contest is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of H&M which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Contest, then H&M reserves the right at its sole discretion to cancel, terminate, modify, or suspend all or any part of the Contest and to select potential winners from among all eligible entries received by H&M up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, H&M RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.

10. JURY TRIAL WAIVER: EXPECT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS CONTEST, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT TO ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS CONTEST, ANY DOCUMENT OR AGREEMENT ENTERED INTO CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY.

11. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS CONTEST, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (i) THE ENTRANT HAS OPTED-IN TO H&M’S PRIVACY POLICY ON THE CONTEST ENTRY PAGE; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO H&M’S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNER’S LIST.

12. RULES/WINNERS LIST: For the name and address of prize winner(s) send an email to info.us@hm.com. In the subject of the email, type “50 States of Fashion Contest.” H&M shall only release the first name, the last initial and state of residence of Winner to those requesting this information.

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