Hollister Co.’s Inspire So Cal Tees Challenge Terms and Conditions (“Challenge Terms”)
ADMINISTRATOR: Abercrombie & Fitch Stores, Inc., 6301 Fitch Path, New Albany, OH 43054.
HOW TO PARTICIPATE: Participate in Hollister Co.’s (“HCo.”) Inspire So Cal Tees Challenge (“Challenge”) beginning February 3, 2014 and running for a limited time for a chance to have your original photos/videos (“Content”) featured on Hollister Co.’s pages on Facebook, Twitter, or Instagram et al. (“Social Media”), and for a chance to have your Content used to inspire an HCo. T-shirt design which may be sold by HCo. Must be at least sixteen (16) years of age or older at the start of the Challenge, and must have an Instagram account to participate; it is free to create an Instagram account. Your entry into the Challenge will be deemed to be a representation that you are eighteen (18) years of age or older, or between the ages of sixteen (16) and eighteen (18) and entering the Challenge with the valid permission of a parent or legal guardian who agrees to be bound by these rules and to be fully responsible for your entry including, without limitation, any legal liability that he/she may incur. You are encouraged to follow the @HollisterCo Instagram account to see updates and announcements regarding the Challenge.
Visit the HCo. page on Instagram and review the “This is So Cal bucket list” for information on the Challenge themes. Upload and tag your relevant original content which aligns to any of the themes provided and make sure to tag your content with the hash-tag #ThisIsSoCal (“Submission”). Your Submission must contain the designated hash-tag to qualify, but the content you submit may be in any format. Submissions should not contain any identifiable persons other than you or those persons from whom you have obtained express consent to their image or likeness being used in the ways set forth herein. You may make multiple Submissions during the Challenge. Throughout the entire Challenge, Administrator may select from the pool of Submissions and may feature certain Submissions on Administrator’s social media pages (including but not limited to Instagram, Facebook, and Twitter) or use Submissions for the purpose of furthering its valid business objectives, including merchandising, advertising, marketing or promotion. If Administrator selects a Submission to be featured on its social media pages, Administrator may, but is not required to, notify you by tagging the Submission with your @username.
At such point in time as Administrator decides in its sole discretion, Administrator will select the Submission(s) which will be used to inspire an HCo. T-shirt design(s). Administrator may choose Submissions to be drawn on to inspire a Dudes and/or Bettys graphic T-shirt which may be available for purchase from HCo. thereafter. Any T-shirts produced as a result of this Challenge will be sold only while supplies last and for a limited time on the US ecommerce website HollisterCo.com at sole discretion of Administrator. The Submission(s) selected to inspire an HCo. T-shirt design(s) which may be sold by HCo. may also be featured on HCo. Social Media sites, and tagged with their @username. If your Submission is selected to inspire a HCo. T-shirt design, you may be notified via direct message on Instagram to your handle. Those selected (or their parent/guardian if under eighteen (18) years of age) may be required to execute and return an Affidavit of Eligibility, Assignment of Rights, Liability/Publicity Release, as well as any other documents which may be required by Administrator, all of which must be received fully-executed within ten (10) days of date printed on notification or their Submission may be disqualified.
Irrelevant or inappropriate Submissions and/or comments you post will not be accepted or considered for the Challenge. Administrator has the sole discretion on decisions to remove content it deems is in violation of the “Posting Guidelines” listed on Hollister Co.’s page on Facebook and also available directly at: http://www.hollisterco.com//hol/media/legalText/facebookGuidelines111210.html. Submissions may be reposted and open to public commentary, which you acknowledge is not under the Administrator’s direct control. Administrator shall not be responsible for any public commentary made in connection with a Submission.
GRANT OF RIGHTS: By entering a Submission, you (or your parent or guardian if you are under the age of majority in your jurisdiction) grant to Administrator (and any of its parents, affiliates, subsidiaries. licensees, or agents), without additional notice, compensation, or approval from you or any third-party, a non-exclusive, worldwide, royalty-free, sub-licensable, assignable license to reproduce the Submission and to otherwise use, exploit, copy, alter, modify, adapt, edit, digitize, encode, store, transmit, broadcast, publicly perform, create derivative works of, publish, post, and display the Submission (with or without using your name) in any form, manner, media or technology now or hereafter known for any and all purposes deemed by Administrator in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including merchandising, advertising, marketing and promotion. Further, by entering a Submission, you hereby waive any moral rights you may have in the Submission in favor of the Administrator. At Administrator’s request, you may be required to execute an assignment and release (in a form and manner determined by Administrator) transferring all rights and ownership of your Submission to Administrator. You acknowledge and agree that Administrator shall not be obligated to use your Submission and that Administrator, in its sole discretion, shall have the right to refrain from using any Submission. You further acknowledge and agree that nothing herein shall constitute an employment, joint venture, or partnership relationship between you and the Administrator and in no way are you to be construed as an agent of Administrator.
REPRESENTATIONS/WARRANTIES: You (or your parent or guardian if you are under the age of majority in your jurisdiction) represent and warrant that you can grant the rights contemplated herein and that the Submission:
- Is the original work created and shot by you.
- Has not been previously published, released, or distributed in any form (including entrance into any other challenge or competition).
- Does not infringe any copyright, trademark, publicity, privacy or other third-party proprietary rights or agreements. You further represent that you have the express consent of any identifiable persons appearing in the Submission to their image or likeness being used in the ways set forth herein and, upon Administrator’s request, shall obtain written consent of any such person. If any such persons are under the age of majority in their jurisdiction, a parent or legal guardian’s written consent is required.
Except where prohibited by law, voluntarily posting photographs, videos, comments or other material tagged with one of our promoted hashtags ("Posted Content") constitutes your consent and grant (or your parent/guardian’s consent and grant if you are under the age of majority*) to Abercrombie & Fitch ("A&F") of the irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the Posted Content in any form or media now or hereafter known for any and all purposes deemed by A&F in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposting the Posted Content online (e.g., on our brand websites and social media pages) and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Posted Content. You understand that Posted Content may be edited in the sole discretion of A&F. You represent and warrant that the Posted Content will not contain any third party trademarked or copyrighted material, or material that is subject to other third party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant A&F all relevant licenses and permissions to use the material as contemplated herein. You agree not to take any legal action against, and release and discharge, A&F, and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the Posted Content as contemplated herein. A&F's page is not sponsored or endorsed by this site or any other third party.
You acknowledge and agree that you are solely responsible for determining the Bucket List activities in which to engage and that all such activities are at your sole risk. Abercrombie shall have no liability for any damages suffered by you as the result of engaging in any Bucket List activity, whether such damages are direct, indirect, consequential or otherwise.
*If you are under the applicable age of majority, a parent or legal guardian must agree to these terms