Hollister’s So Chill #INHOLLISTER T-shirts Photo Challenge Terms and Conditions (“Challenge Terms”)

TERMS OF CHALLENGE: NO PURCHASE NECESSARY TO PARTICIPATE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

Participate in Hollister’s So Chill #INHOLLISTER T-shirts Photo Challenge (“Challenge”) for a chance to have one of your original photos featured on Hollister Co.’s pages on Facebook, Twitter, or Instagram (“Social Media”), and for a chance to have your photo used to inspire a Hollister T-shirt design which may be sold by Hollister Co. 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. Participant’s entry into the Challenge will be deemed to be a representation that the participant is eighteen (18) years of age or older or between the ages of sixteen (16) and eighteen (18) and entering the Challenge with the permission of a parent or legal guardian who agrees to be bound by these rules and to be fully responsible for participant’s entry including, without limitation, any legal liability that he/she may incur.
Administrator will choose at minimum one (1) Photo Submission to be drawn on to inspire both a Dudes and/or Bettys graphic T-shirt design which may be available for purchase from Hollister Co. thereafter. Administrator reserves the right (but is not obligated) to increase the number of photos selected at any time. 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 and/or in US stores.
Challenge will be conducted in six (6) parts over a six (6) week period. Challenge will be open for photo submissions on weekdays (Mondays through Fridays, from 8:00 am EST until 6:00 pm EST) beginning Monday January 28, 2013 at 8:00 am EST, and ending on Friday March 8, 2013 at 6:00 pm EST.

ADMINISTRATOR:

Abercrombie & Fitch Stores, Inc., 6301 Fitch Path, New Albany, OH 43054.

HOW TO PARTICIPATE:

During the open dates of the Challenge, visit the Hollister Co. page on Instagram and review the weekly Challenge posts for information on each week’s Challenge; the Challenge theme itself will vary each week. Upload and tag your relevant original photos with the hashtag #INHOLLISTER (“Photo Submission”). Your Photo Submission must contain the #INHOLLISTER and @HollisterCo tags to qualify, but the photo itself may be in any format. Photo Submissions should not contain any identifiable humans other than participant. You may submit multiple photos each day, and you may submit photos on each day of the Challenge. After each day of the Challenge, Administrator will select from the entire pool of Photo Submissions from the previous day, and may feature the best photos on Hollister Co. Social Media pages. Actual number of photos selected each day for feature will be a minimum of one (1), but may vary and is at Administrator’s sole discretion. Administrator reserves the right (but is not obligated) to increase the number of featured photos at any time. At the close of the entire Challenge, Administrator will select the photo(s) which may be used to inspire Hollister Co. T-shirt design(s). Irrelevant or inappropriate Photo 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. Photo Submissions may be reposted and open to public commentary, which participant acknowledges is not under the Administrator’s direct control. Administrator shall not be responsible for any public commentary made in connection with a Photo Submission.

WINNER NOTIFICATION:

Any Photo Submission(s) selected to be featured on Hollister Co. Social Media sites will be notified via Instagram that their photo has been tagged with their @username. The Photo Submission(s) selected to inspire a Hollister T-shirt design(s) which may be sold by Hollister Co. may be featured on Hollister Co. Social Media sites, and tagged with their @username; owners of these photos will be notified via Instagram with the instructions on how to consent to the T-shirt design process. Alternatively, participants whose photo is selected to inspire a T-shirt design can email contests@abercrombie.com to obtain details on completing the consent process. You are encouraged to follow the @HollisterCo Instagram account to see updates and announcements regarding the Challenge.
Winner (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 he/she may be disqualified.

GENERAL RULES OF PARTICIPATION:

This Challenge is subject to all applicable federal, state and local laws, and is void where prohibited or restricted by law. By participating in this Challenge, the Participant agrees: (a) to abide by and be bound by these Challenge Terms and decisions of Administrator which shall be final in all respects relating to the Challenge, including without limitation the interpretation of these Challenge Terms; (b) the laws of the United States and the State of Ohio apply to and govern this Challenge and any claims must be raised and resolved in the federal or state courts located in Columbus, OH, United States; (c) if, for any reason whatsoever, this Challenge, in Administrator's sole opinion, is not capable of running as planned, including, but not limited to, to comply with legal requirements or by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Administrator's sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this challenge, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Challenge and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Administrator in its sole discretion; (d) if such cancellation, termination, modification or suspension occurs, notification will be posted at Hollister Co.’s Instagram account on the page where the Challenge is listed; (e) Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Challenge, or to be acting in violation of the terms of this or any other challenge; (f) any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Challenge is a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law; (g) Administrator's failure to enforce any term of these Challenge Terms shall not constitute a waiver of that provision.

NO LIABILITY/RELEASE:

By participating, the Participant agrees to release, discharge, indemnify and hold harmless the Administrator against any claims made by participants, or any other third parties, related in any way to the operation of this Challenge as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any surprise, participation in any Challenge-related activity, or participation in this Challenge in general. While it involves interaction with Social Media platforms, this Challenge is in no way endorsed, administered by, or associated with any Social Media platform. You understand that you are providing your information to Administrator and not to Social Media platforms. Any questions, comments, or complaints regarding this Challenge should be addressed to Administrator and not to Social Media platforms. Any information collected by participating in this Challenge shall be used only in a manner consistent with these Challenge Terms and with Administrator’s privacy policy available at HollisterCo.com.

GRANT OF RIGHTS:

Except where prohibited by law, by entering the Challenge participant (or their parent/guardian if under eighteen (18) years of age), without any further compensation, does hereby:
  1. 1. Consent to Administrator’s (and any of its affiliates or subsidiaries) reasonable use of participant’s name, screen name, hometown, image, likeness, persona and/or voice for any promotional purposes related to this Challenge.
  2. 2. Irrevocably grant, transfer, and convey to Administrator (and any of its affiliates or subsidiaries) the worldwide, non-exclusive, royalty-free, unrestricted, irrevocable, and unlimited right and permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, and prepare derivative works of the Photo Submission 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 commercial merchandising, advertising, marketing or promotion.
  3. 3. Waive any moral rights participant may have in the Photo Submission in favor of the Administrator.
  4. 4. Release in perpetuity the Administrator (and any of its affiliates or subsidiaries) from any claims, demands, losses and liabilities of any nature arising out of or in any way connected with the Challenge or Photo Submission and the use thereof as permitted hereunder, including, but not limited to, claims of false endorsement or infringement of rights of publicity or privacy.
  5. 5. Acknowledge and agree that Administrator shall not be obligated to use the Photo Submission and that Administrator in its sole discretion shall have the right to refrain from using the Photo Submission.
  6. 6. Acknowledge and agree that, other than as expressly provided herein, participating in or winning the Challenge does not permit participant or winner the right to use Administrator’s names or trademarks, trade names, logos or service marks in any manner without Administrator’s prior written consent. Winner further acknowledges and agrees that all prizes are for personal use only and may not be reproduced or distributed in any form by any means without the express written permission of Administrator.
  7. 7. Acknowledge and agree that if participant’s Photo Submission is selected as a winning entry, then as a condition to being awarded any prize, Participant shall irrevocably grant, transfer, convey and assign to Administrator (or Administrator’s affiliates or subsidiaries) the entirety of the rights in and to the Photo Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity. Participant further agrees to execute any and all paperwork required to effectuate such assignment.

REPRESENTATIONS/WARRANTIES:

Participant represents and warrants that the Photo Submission:
  1. 1. Is the original work of participant.
  2. 2. Has not previously been published or won an award or prize of any kind.
  3. 3. Does not contain any third party trademarked or copyrighted material, or material that is subject to other third party proprietary rights or agreements, unless participant has permission from the rightful owner of such material or is otherwise legally entitled to post the material and to grant Administrator all relevant licenses and permissions to use the Photo Submission as contemplated herein.