THREADLESS® LOVES: GEEKS DESIGN CONTEST OFFICIAL RULES
NO PURCHASE NECESSARY.
Eligibility.Threadless® Loves: Geeks Design Contest (the “Promotion”) is open only to persons who are 13 years of age or older. Each entrant must also be a registered member of Threadless.com at the time of entry. Proof of residency and age may be required. Employees, officers, directors and representatives of SkinnyCorp, LLC (“Threadless”) and Microsoft Corporation, (Threadless and Microsoft, collectively, referred to as “Sponsors”), and supporters and each of their respective parent companies, subsidiaries, affiliates, divisions, authorized dealers, and advertising/promotion agencies and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above are ineligible. Void where prohibited by law. All federal, state, provincial and/or local laws apply.
Timing.The Promotion submission period begins at 10:00 AM Central Time (“CT”) on August 31, 2009 and ends at 11:59 PM CT on October 1, 2009 (“Submission Period”). The judging period (“Judging Period”) will commence upon the end of the Submission Period and will end October 9, 2009. Winner will be announced on or about October 26, 2009 (“Announcement Date”). Threadless’ clock shall be the official timekeeper for this Promotion. All submissions must be received by 11:59 PM CT on October 1, 2009.
How to enter Promotion. No purchase necessary to enter or win.You must be a registered member of Threadless.com in order to enter a design submission for the Promotion. To register and to enter, visit www.threadless.com and fully complete all required fields on the online registration form as presented and submit the online registration form and your design. There is no cost or fee to register or to enter. Limit three (3) design submissions per person. Designs cannot (i) include brand names or logos of a third party; or (ii) be a design that has already been submitted to Threadless. All such designs will be disqualified and ineligible to be selected.
All design submissions will be subject to the Threadless.com submission rules (http://www.threadless.com/submit/design) legal terms (http://www.threadless.com/submitterms.html) and the additional terms set forth in Section 4 below. Each online entrant must be the rightful owner or have authorized use of the e-mail account associated with the entrant’s submitted e-mail address. If there is a dispute as to the identity of an online entrant, the prize will be awarded to the authorized account holder of the associated e-mail address. The “authorized account holder” is defined as the natural person to whom the e-mail address is assigned by an Internet service provider, online service provider or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Each entry must be submitted separately. Limit one (1) person per e-mail address. All entries generated by a script, macro or other automated/repetitive electronic means or mechanically reproduced (except as permitted in these Official Rules) will be disqualified and ineligible for the Promotion. Entries and registration submissions that are late, illegible, incomplete, unreadable, damaged, delayed, lost, tampered with, incomprehensible, forged, mutilated, misdirected, inaccurate, unintelligible or otherwise not in compliance with these Official Rules will be disqualified. All requested information must be completed in English to enter and be eligible. All entries become the property of Sponsors and will not be acknowledged or returned.
Microsoft’s Use of Your Design.If your design is selected as a winner of the Promotion, you grant to Microsoft Corporation and its subsidiaries and affiliates (“Microsoft”) the exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, modify, display, reproduce, make derivative works from, and to distribute copies of the design embodied on or in portable media devices, including Microsoft's Zune digital media player ("Zune"). You also grant to Microsoft the non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use, modify, display, and reproduce the design in all media (now known or later developed) in order to promote the Promotion, Microsoft or Zune.
You acknowledge that the design is your own original work, has not been previously published, and does not contain any trademarks, logos, copyrighted material, or any other intellectual property belonging to any third party. You agree to sign any necessary documentation that may be required by Microsoft to certify the use of the rights you granted above. You acknowledge that Microsoft reserves the right to decline to use the design for any reason. You understand that you will not receive any compensation or credit for use of your design, other than what is described in these Official Rules.
You grant to Microsoft the right to use your name, image and/or likeness, and any biographical information that you provide to us, in connection with the Promotion or your design, in all media (now known or later developed), in any manner, throughout the world, in perpetuity, to promote the Promotion, Microsoft, or Zune.
Promotion Prizes. One (1) Grand Prize.
The Grand Prize consists of the following items:
A $2,500 donation by Microsoft in the chosen designer’s name to #blamedrewscancer;
A Microsoft Zune featuring the chosen designer’s name;
An Xbox 360 Elite gaming system;
A 10-pack of Xbox 360 games;
$2,000 Cash;
And a $500 Threadless.com Gift Certificate (redeemable for $200 Cash).
TOTAL ARV OF GRAND PRIZE: $6,200.00 USD. All prize elements of the Grand Prize are subject to availability. No transfer, assignment, substitution or cash equivalent of any prize element permitted by winner. Other expenses are not included and are winner’s sole responsibility unless indicated herein as being awarded. Sponsors may substitute the Grand Prize (or a portion of the Grand Prize) with one of equal or greater retail value if the Grand Prize (or a portion of the Grand Prize) is unavailable or cannot be awarded for any reason. Winner is solely responsible for the reporting and payment of any applicable federal, state and/or local taxes on his/her prize. The values of each of the prize elements set forth above represent Sponsors’ good faith determination of the ARVs thereof, and the actual fair market value of each prize element will be determined in Sponsors’ sole discretion and will be final and binding and cannot be appealed. Winner agrees and acknowledges that Sponsors may share his/her name, address and other contact information with one or more third parties in connection with the awarding and/or delivery of a prize.
Selection of Winner.
During the Judging Period, qualified judges from both Threadless and Microsoft will judge each of the eligible submissions received based on the following criteria: 33% Originality; 33% Creativity; and 34% use of the Promotion Theme: “Geeks”. Based on the above criteria, the submissions with the highest score will be selected as the winning submissions. In the event of a tie between one or more submissions, the qualified judges will select the winner from among the tied submissions which is determined to be most closely reflective of the Promotion Theme. Odds of winning depend upon the nature, quality and number of eligible submissions received.
The selected winners will be notified by e-mail (via the current e-mail address associated with selected winner’s online registration form) within one week after the conclusion of the Judging Period. Sponsors shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. In Sponsors’ sole discretion, a selected winner may be required to forfeit his/her prize and an alternate winner may be selected in accordance with these Official Rules from among the remaining eligible entries if such selected winner: (i) is unreachable or winner notification is returned as undeliverable; (ii) declines or cannot accept, receive or use the prize for any reason; or (iii) fails to comply with these Official Rules. A forfeited prize may not be awarded. Within one week after the conclusion of the Judging Period, selected winner will be sent (via facsimile and/or other method determined in sole discretion of Sponsors) an affidavit of eligibility together with a liability/publicity release for the selected winner (“Affidavit and Release”). Selected winner must complete and return (as directed by Sponsors) the Affidavit and Release so that it is received by Sponsors by 5:00 PM on the fifth business day after the Affidavit and Release is sent to such selected winner (or other time as determined in Sponsors’ sole discretion) or, in Sponsors’ sole discretion, such prize may be forfeited and an alternate winner of that prize may be selected (in Sponsors’ sole discretion) in accordance with these Official Rules from among the remaining eligible entries. If you are a potential winner and are a minor in your place of residence, we may require that your parent or legal guardian sign the affidavit and release on your behalf. If you, (or your parent/legal guardian if applicable), do not sign and return these required forms within the time period listed on the winner notification message, we may disqualify you and select an alternate winner Sponsors reserve the right to modify the notification and affidavit/release procedures in connection with the selection of any alternate winner(s).
General Conditions.
By participating in this Promotion, each entrant agrees to be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all respects and cannot be appealed. By entering, each entrant agrees and acknowledges that Sponsors, and each of their respective parent companies, affiliates, divisions, subsidiaries, franchisees and advertising and marketing agencies, and each of their respective employees, officers, shareholders, directors, representatives and agents (collectively, “Released Parties”) are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete, unreadable, inaccurate, garbled or unintelligible entries; (ii) telephone system, facsimile, technical or computer malfunctions, lost connections or transmissions, disconnections or other errors of any kind whether mechanical, human, electronic or otherwise relating to or in connection with the Promotion, including, without limitation, errors which may occur in connection with the administration of the Promotion or the processing of entries; (iii) data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials; (iv) any injuries, losses, costs, expenses or damages to person or property of any kind caused, in whole or part, directly or indirectly, by the prize or resulting from redemption, acceptance, possession, loss or use or misuse of any prize or from participating in the Promotion or any Promotion related activity; (v) inability to participate in the Promotion; or (vi) any printing, typographical, human, administrative or technological errors in any material associated with the Promotion. No more than the number of prizes stated in these Official Rules will be awarded.
By accepting a prize, winner agrees and acknowledges that the Releasees and any of their designees may, without any limitation or further compensation, use his or her name, voice, biographical data and/or likeness in any and all media now known or hereinafter devised, throughout the universe and in perpetuity, for any commercial purpose including, but not limited to, advertising and promoting the Promotion or any other promotion, contest or promotion sponsored by one or both of the Sponsors, except where prohibited by law. Sponsors disclaim any liability for damage to any computer system related to participating in, or accessing or downloading information in connection with the Promotion. By entering the Promotion, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering the Promotion, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out of pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend this Promotion (or any portion of the Promotion) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Promotion and, in such situation, to select the winner from the remaining eligible non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsors in their sole discretion. In the event that Promotion is modified, cancelled or suspended, notification of such event will be posted at www.threadless.com. Sponsors may prohibit an entrant from participating in the Promotion or winning a prize if, in their sole discretion, Sponsors determine entrant is attempting to undermine the legitimate operation of the Promotion by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other entrant or any representative of either of the Sponsors. CAUTION: Any attempt by a person to deliberately damage any web site or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsors reserve the right to seek damages from any such person to the fullest extent of the law. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes.
Governing Law.All issues concerning the construction, validity and enforcement of these Official Rules, or the rights and obligations of the entrant and Sponsors, shall be construed and governed by the laws of the state of Illinois, without regard to conflicts of law. All suits or claims brought in connection with this Promotion must be brought in a state or federal court in Chicago.
Sponsors.Threadless.com, 4043 N. Ravenswood Ave #106, Chicago, IL 60613; Microsoft Corporation, 7000 State Highway 161, Irving, TX 75039.
Winner List /Official Rules.For the name of the Grand Prize winner, available after the Announcement Date, or a copy of these Official Rules, send a self-addressed, stamped envelope (Vermont residents need not affix return postage on requests for the Official Rules) to: “The Loves: Pre-Loved Promotion,” 4043 N Ravenswood Ave #106, Chicago, IL 60613. Please specify “Official Rules” or “Winner List.” Requests must be received within six (6) months of the Announcement Date.