NO PURCHASE NECESSARY TO PLAY OR WIN. THE PURCHASE OF ANY GOOD AND/OR SERVICE WILL NOT INCREASE AN ENTRANT'S CHANCE OF WINNING. This Contest is sponsored by Phat Fashions, LLC (512 Seventh Avenue, New York, NY 10018; www.babyphat.com.) and Hachette Filipacchi Media U.S., Inc. (ELLEGIRL and Baby Phat by Kimora Lee Simmons) ("Sponsors". The Contest entry period starts on November 9, 2004 at 12:00 p.m. Eastern Standard Time ("EST" and ends on January 4, 2005 at 11:59 p.m. EST. Internet entries must be dated on or before January 4, 2005 to be eligible to win. Eligibility for each prize will cease at the applicable time and date and all entries received thereafter will be considered disqualified and will be ineligible for participation. If Sponsors do not receive your entry for any reason, including without limitation those specified below, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible for the prize.
2. ELIGIBILITY: ONLY LEGAL RESIDENTS OF THE 48 CONTINENTAL US STATES AND THE DISTRICT OF COLUMBIA, WHO ARE 13 YEARS OF AGE OR OLDER, ARE ELIGIBLE TO PLAY OR WIN, EXCEPT FOR THOSE STATES WHERE THIS CONTEST IS PROHIBITED BY LAW. Minors under the age of 13 may enter the Contest with the permission of their parent or legal guardian. Neither the Sponsors nor any of their affiliates warrant that this Contest is valid in any particular jurisdiction. Residents of jurisdictions where this Contest is prohibited are not eligible to compete in the Contest and cannot win prizes. The Contest winner is not required to purchase anything to claim his or her Prize. Only one entry per person. If multiple entries are submitted by any person, only the first entry received by Sponsors (as determined by the Sponsors) will be entered into the Contest. Accordingly, each entry must include the name and mailing address and e-mail address of the participant. In the event of a dispute, an e-mail entry will be deemed to have been submitted by the owner of the e-mail account from which it was sent. For these purposes, an e-mail account holder shall mean the natural person assigned to such e-mail account by the Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with such e-mail account. Employees of the Sponsors, Kellwood Company, or any of their affiliates, subsidiaries, retailers, advertisers, advertising and promotion agencies, or any company retained by Sponsors to promote, administer or provide advice with respect to the Contest (and their respective affiliates), and members of any of their immediate families are not eligible to enter.
3. PRIZES (1 Grand Prize Winner, One Runner-Up Prize Winner, Five 1st Place Winners, Ten 2nd Place Winners, Twenty 3rd Place Winners): The winners of the Contest will be selected in a random drawing from among all eligible entries on or about January 25, 2005 to be conducted by designated representatives of Sponsors, whose decisions are final and binding. One Grand Prize Winner will receive a Baby Phat® by Kimora Lee Simmons® diamond logo pendant (Approx. Retail Value: $1,500.00). One Runner-Up Prize Winner will receive a Baby Phat® by Kimora Lee Simmons® Motorola® I833 cellular phone (Approx. Retail Value: $700.00). Five First Place Winners will each receive a $100 gift certificate for a shopping spree at the New York City Baby Phat® store located at 129 Prince Street in the Soho District (Total Approx. Retail Value: $100.00). Ten Second Place Winners will each receive a pair of Baby Phat® "Diva" Trainer Athletic Shoes (Total Approx. Retail Value: $75.00). Twenty Third Place Winners will each receive a selection of ELLEGIRL premiums (Total Approx. Retail Value: $20.00). The reporting and payment of all tax liabilities incurred by any winner as a result of the Contest are the sole responsibility of the winner. All federal, state, and local laws and regulations apply and entry in this Contest is void where prohibited by law. Residents of jurisdictions where this Contest is prohibited are ineligible to participate in the Contest and cannot win the Prize. The Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, expressed or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.) No substitution of the Prize will be permitted except by Sponsors, who may substitute a prize of equal or greater value if advertised Prize becomes unavailable. The Prizes are non-transferable and may not be redeemed for cash. Odds of winning will be dependent upon number of entries received.
4. ENTRY: Visit the Sponsors' website (www.ellegirl.com/babyphat) and provide the requested information on the entry page and then submit your entry by clicking on the "Submit" button as required.
5. CONTEST WINNERS: The identity of each winner can be obtained by writing to ELLEGIRL/Baby Phat Contest, 1633 Broadway, 44th floor, New York, NY 10019. Each winner and the Grand Prize winner will be notified by mail and by e-mail within approximately seven (7) days of drawing a winner. In the event of non-compliance with any of the rules set forth herein, or any Prize notification returned as undeliverable, the winner's Prize may be forfeited and awarded to an alternative winner. Sponsors are not responsible for, and shall not be liable for, late, lost, misdirected or unsuccessful efforts to notify the winner.
6. GENERAL: These rules will be posted at the Sponsors' website. Questions regarding this Contest may be sent to ELLEGIRL/Baby Phat Contest, 1633 Broadway, 44th Floor, New York, NY 10019. By entering the Contest, you agree to these rules and all eligibility requirements and all decisions of the Sponsors. Except where prohibited by law, each winner (and parent/legal guardian if winner is a minor) grants (and agrees to confirm that grant in writing) permission for Sponsors and their advertising and promotional agencies, and those acting under the authority of each to use such winner's name, photographs, including photographs submitted in connection with this promotion, voice and/or likeness, for advertising and/or publicity purposes in all media now known or hereafter discovered, worldwide and on the world wide web, without notice, review, approval, or additional compensation. Each winner (and parent/legal guardian if winner is a minor) will be required to sign a separate affidavit and release acknowledging and accepting the foregoing.
If the Sponsors do not receive your entry for any reason, including without limitation those specified below, or if your entry is not entered correctly, the entry will be invalid and you will be ineligible for the Prize.
Sponsors reserve the right, in their sole discretion, to adjust the dates or cancel this Contest for any reason including, but not limited to, technical failure and/or unauthorized intervention. Sponsors and their affiliates, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for: (i) late, lost, stolen, delayed, damaged, misdirected, inaccurate, incorrect, incomplete, or unintelligible entries or entry information, whether due to human error of technical malfunctions; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind, including without limitation the inability to access the Sponsors' websites; (iii) failed, incomplete, interrupted, garbled, or delayed transmissions; (iv) any condition caused by events beyond the control of Sponsors that may cause the Contest to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the Prize, or acceptance, possession, or use of the Prize, or from participation in the Contest, or (vi) any printing or typographical errors in any materials associated with the Contest. Sponsors reserve the right, in their sole discretion, to change these rules, upon proper legal notice if required by law.
In the event the administration, security, or proper conduct of the Contest is compromised in any way, electronically or otherwise, that is beyond the control of Sponsors, Sponsors reserve the right to withdraw the transmission of the Contest and award Prizes only among entries received prior to the date of withdrawal. All entries become the exclusive property of Sponsors.
By entering the Contest, participant agrees to release and hold harmless Sponsors and their affiliates, partners, directors, officers, employees and agencies (collectively, the "Released Parties" from any liability whatsoever, and waive any and all causes of action, for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Contest or acceptance, possession, or use or misuse of any Prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory. Participant further agrees that all rights under Section 1542 of the California Civil Code, and any similar law of any state or territory of the United States, are hereby expressly waived. That section, in pertinent part, provides: "A general release does not extend to claims which the Creditor does not know or suspect to exist in his favor at the time of the executing of the release, which if known by him must materially affect his settlement with the debtor." The winner will be required to sign a separate release acknowledging and accepting the foregoing.
Sponsors reserve the right to disqualify the entry and eligibility of any individual found to be tampering with or abusing the operation of the Contest or the Sponsors website or, to be acting in violation of these rules, as solely determined by the Sponsors.
All entrants must provide name and mailing address. Additional information (i.e. telephone number) is optional. Before providing any such information, please read our Privacy Policy, which is available at www.ellegirl.com. By submitting a completed entry form, you consent to the collection, processing, use and disclosure of the information contained in your entry form according to our Privacy Policy
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