ELIGIBILITY: Contest is open to legal residents of the 50 United States and the District of Columbia, 18 years of age or older at time of entry, except for professional designers whose principal source of income is derived from work as a head fashion designer for brands that they control. Employees and their immediate families (spouse, parents, children, siblings, and their respective spouses), including those living in the employees’ households of AOL LLC (the “Sponsor”), and its respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, and Marden-Kane, Inc., are not eligible to enter or win a Prize. Void in Puerto Rico, all other U.S. territories and possessions, overseas military installations and where prohibited. By entering, entrants agree to comply with these Official Rules. Contest is subject to all applicable federal, state and local laws & regulations. United States law governs this Contest. Void where prohibited. Entries received prior to or after Entry Period are void.
HOW TO ENTER: Go to www.aollatino.com/fashionista anytime during the Entry Period for complete details and entry instructions. To submit an Entry: send an email to SoyFashionista08@aol.com including your complete name, address, city, state, zip code, daytime and evening phone numbers and date of birth. Include with your entry information (1) up to two (2) good quality color photos of yourself alone (any third-parties in the photo will disqualify your entry) uploaded (attached to email) as a 400 X 400 pixels in .jpg format, 2) up to four (4) fashion designs uploaded (attached to email) as a 400 X 400 pixels in .jpg format, and 3) in 50 words or less in English or Spanish an explanation of why your designs should win. Each design must be different and can be submitted as a good quality color photo, sketch or illustration. Limit one (1) entry per person/user name.
CONDITIONS OF ENTRY: Entries becomes the property of the Sponsor (as defined below) and will not be acknowledged or returned. A potential winner is subject to verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. An entry submitted through any other method is void. Entry must be the original work of the entrant and must be owned by the entrant. The Entry must not have been submitted in any other competition or previously published. Modifying, enhancing or altering a third party’s pre-existing design/work does not qualify as entrant’s original creation. Entry must be in keeping with Sponsor’s image and may not be offensive, as determined by judges in their sole discretion, nor can it defame or invade publicity rights or privacy rights of any person, living or deceased, or otherwise infringe upon any person’s personal or proprietary rights.
JUDGING: All eligible entries submitted during the Entry Period will be judged by a panel of judges under the supervision of Marden-Kane, Inc. (the “Administrator”) an independent judging organization, on the basis of the following criteria
* Originality and creativity of design - 30 points.
* Design skill - 25 points.
* Reflection of Latin culture - 20 points.
In the event of a tie in any stage of the judging, the Winner(s) will be determined based on whichever Entry received the highest score in the originality and creativity theme from the judging criteria. In the event of a tie in both judging criteria, the entries involved in the tie will be reviewed to by an additional qualified judge who will serve as a tiebreaker and who will evaluate entries according to the above judging criteria.
NOTIFICATION OF PARTICIPANTS: The top twenty (20) Participants will be contacted by phone and/or email on March 5, 2008 between 9:00 AM ET and 8:00 PM ET by a representative of AOL and/or the Administrator who will make up to three attempts to contact a Participant. If unable to reach any potential Participant the Sponsor retains sole discretion to disqualify that potential Participant and will attempt to contact the next highest scored entry. Each potential Participant (and his/her parent/legal guardian if he/she is a minor in his/her state) will be required to complete, sign and properly execute an Affidavit of Eligibility and Liability Release and Participant Release form and return same via facsimile (and subsequently by mail which must be received by Sponsor or its Administrator within 3 days after facsimile). In the event an insufficient number of qualified eligible entries are received during the Entry Period, Sponsor reserves the right to select less than twenty (20) Participants; and subsequently, less than ten (10) Semifinalists and five (5) Finalists.
SEMIFINALISTS VOTING:
Beginning on March 11, 2008 at 12:00:00 PM (noon) ET and ending March 24, 2008 at 3:00:00 PM ET public voting will take place to reduce the number of Participants from twenty (20) to ten (10). These will be deemed “Semifinalists.”
DESIGN CHALLENGE #1:
The ten (10) Semifinalists will be contacted between 9:00 AM ET and 5:00 PM ET on March 25, 2008 and will have until March 31, 2008 at 3:00:00 PM ET to complete and submit the design challenge. The Design Challenge will consist of creating a fashion design (with themes such as, but not limited to, designing a men’s sportswear outfit, lingerie, cocktail dress or an outfit that utilizes the Sponsor’s or Promotion Partner’s brand) or concept and develop a theme for a fashion event or photo shoot. Details of the Design Challenge will be given to the Semifinalists when they are contacted.
FINALIST VOTING:
Beginning on April 1, 2008 at 12:00:00 PM (noon) ET through April 7, 2008 3:00 PM ET public voting will take place to reduce the number of Semifinalists from ten (10) to five (5). These will be deemed “Finalists”.
DESIGN CHALLENGE #2:
The five (5) Finalists will be contacted between 9:00 AM ET and 5:00 PM ET on April 8, 2008 and have until April 14, 2008 at 3:00:00 PM ET to complete and submit a design challenge which will be judged by a panel of AOL judges based on the Judging Criteria listed above to determine the three (3) First Prize Winners. The Design Challenge will consist of creating a fashion design (with themes such as, but not limited to, designing a men’s sportswear outfit, lingerie, cocktail dress or an outfit that utilizes the Sponsor’s or Promotion Partner’s brand) or concept and develop a theme for a fashion event or photo shoot. Details of the Design Challenge will be given to the Finalists when they are contacted.
PUBLIC OPINION VOTING:
Beginning on April 15, 2008 at 12:00:00 PM (noon) ET through April 21, 2008 3:00 PM ET public opinion voting will take place for voters to tell AOL Latino who they think the three (3) First Prize Winners should be out of the five (5) Finalists.The actual three (3) First Prize winners will be determined by a panel of judges based on the Judging Criteria listed above.
DESIGN CHALLENGE #3:
The three (3) First Prize Winners will be contact by phone and/or email on April 22, 2008 between 9:00 AM ET and 5:00 PM ET and given the specifics of their trip to New York City to compete in a “reality style” competition for Design Challenge #3. The details for Design Challenge #3 will consist of two design activities and details will be given to the three (3) First Prize winners upon their arrival in NYC.
AUDIENCE PRIZE VOTING:
Beginning on April 22, 2008 at 9:00:00 AM ET through April 29, 2008 12:00 PM (noon) ET public voting will take place to determine the First Prize Audience Winner as determined solely by public vote.
A representative of AOL and/or the Administrator will make up to three attempts to contact a Participant, Semi-Finalist, Finalist or First Prize Winner. If unable to reach any potential Participant, Semi-Finalist, Finalist or First Prize Winner the Sponsor retains sole discretion to disqualify that potential Participant, Semi-Finalist, Finalist, or First Prize Winner and will attempt to contact the next highest scored Entrant.
PUBLIC VOTING: Visitors will be able to vote on who they feel should be a Semi-Finalist and Finalist at each voting period. The Contestant with the highest number of valid votes at the end of each Voting Period will be deemed a Semi-Finalist or Finalist (subject to verification). Voting is limited to one (1) vote per person per voting period. All online voting will be under the supervision of the Sponsor whose decisions are final in all matters relating to this Contest. Any use of agencies or robotic, repetitive, automatic, programmed or similar voting methods or agents will void all votes by that person. In the event of a tied score in any voting period, the Contestants involved in a tie will be reviewed by an additional judge appointed by the Sponsor who will serve as a tie-breaker and who will evaluate the entries according to the criteria listed above. Becoming a Participant, Semi-Finalist or Finalist at any level is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. If a potential winner can not be reached or required documents are not returned within the stated timeframe or are returned as undeliverable, the corresponding Participant, Semi-Finalist or Finalist will be disqualified and an alternate Participant will be determined based on the Judging Criteria; an alternate Semi-Finalist or Finalist will be based on the entrant with the next highest number of public votes; and an alternate First Prize Winner will be determined based on the Judging Criteria and notified as per the procedures describe above. No prizes will be awarded for having achieved Participant, Semi-Finalist or Finalist status.
PRIZES:
One (1) Grand Prize Winner (determined from the three (3) First Prize Winners): Design and produce an outfit which may be worn by a celebrity at a red carpet event (actual material to make the outfit will be paid for by Sponsor with a maximum budget of $500). Celebrity will be determined by Sponsor and is subject to change based on celebrity availability. Red Carpet event will be determined by Sponsor and is subject to change. The Grand Prize Winner will also be featured in an issue of People en Español. No responsibility is assumed by Sponsor for cancelled, delayed, suspended or rescheduled events or the cancellation of the People en Español feature, or if celebrity cannot attend event for any reason whatsoever, and Sponsor has no obligation to Grand Prize Winner other than to provide the Grand Prize winner with the opportunity to have his/her design creation worn by a celebrity at a red carpet event and featured in People en Español.
Three (3) First Prize Winners: A trip to New York City for the First Prize Winners to complete Design Challenge #3. Prize includes round trip coach air transportation from the nearest major airport from the winner’s residence to New York City, NY and a minimum of three (3) night’s accommodations, and transportation to/from airport/lodging and lodging/studio, and a $100 per diem per day for incidentals and meals. Approximate Retail value (“ARV”), $3,000 each. Winner must be available to travel on dates specified by Sponsor or forfeit the prize which will then be awarded to the next highest scoring Finalist. Travel will take place the week of April 27, 2008 (specific dates at the discretion of the Sponsor). Actual retail value of Prize Trip is dependent upon location of winner’s residence. Travel subject to availability and confirmation of reservations. Travel dates are subject to change by the Sponsor. The trip may not be combined with any other offer and travel may not qualify for frequent flier miles. In the event that a winner’s home is within a 100 mile radius of New York City ground transportation may be provided in lieu of air transportation and no other substitution or compensation will be provided for the difference in prize value. Flight details are subject to space availability and airline carrier’s regulations and conditions apply. Sponsor reserves the right to require traveler to fly on certain days of the week, and/or at certain times of the day or night. Any picture identification requirements associated with air travel is the Winner’s responsibility. Sponsor is not responsible for lost or mutilated travel certificates and none will be replaced. Certain additional restrictions and blackout dates may apply. Airline tickets are non-refundable, non-transferable, and are not valid for upgrades. All other expenses not specified herein (including, but not limited to, taxes, meals, beverages and gratuities) are the sole responsibility of the winner. Prize is non-transferable and no substitutions permitted, except by Sponsor. First Prize Winners must also submit a Travel Release form prior to traveling. Taxes are the sole responsibility of the winner. Prizes will be awarded provided there are a sufficient number of eligible entries received and a winner can be verified.
“Audience Prize Winner” will receive gift basket containing a variety of beauty products. ARV: $250. The Audience Prize Winner is determined as the First Prize winner that received the greatest number of valid, confirmed votes during by the Audience Prize Voting stage.
No prizes will be awarded for having achieved Participant, Semi-finalist or Finalist status. Only Grand, First and Audience Prizes will be awarded as described herein.
ADDITIONAL TERMS AND RESTRICTIONS: Any attempt by an entrant or any other individual to deliberately damage any online service or web site, tamper with the voting process, or undermine the legitimate operation of the contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Contest is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of entrants, technical failures or any other causes beyond the control of Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this contest, Sponsor reserves the right at their sole discretion to disqualify any entry or entrant and to cancel, terminate, modify or suspend the Contest and/or award the prize from among all eligible entries received as of the date of the termination, as Sponsor determines in their sole discretion. Entries not complying with all rules are subject to disqualification. No correspondence regarding entries will be entered into with entrants. By entering, each entrant licenses all rights to the content of his/her entry and the expression of ideas/concepts embodied therein. The entrant unconditionally assigns and transfers to Sponsor all rights, title, interest and claim, which it now has or may in the future have to the entries or any element(s) therein including, without limitation, the copyright therein. Sponsor shall have the right to modify, use, assign or dispose of such entries however they see fit without approval of entrants or any third party. Entrants grant Sponsor the right to use their names, images, likenesses, photographs, voices and biographical materials, and submissions, for advertising, publicity and promotion purposes including posting the Entries online for judging purposes or any other purpose or on a winner’s list and other online announcements, and for sharing the Entries with the local press for viewing, whether TV or print, without additional compensation, unless prohibited by law. Neither entrants nor winners shall receive any compensation or credit for use of entries, other than that disclosed in rules. U.S. law governs the Contest. Online entries will be deemed made by the authorized account holder of the email address submitted at time of entry. In the event of a dispute regarding the identity of any potential winner, the potential winner will be deemed to be the authorized account holder of the email address submitted at time of Contest entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry. In the case of a minor, the potential winner’s parent or legal guardian may be the authorized account holder. If a dispute cannot be resolved, the entry will be deemed ineligible.
DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Virginia, without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Virginia, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Virginia.
RELEASE: Neither Sponsor, nor its respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, including Marden-Kane, Inc., and their respective officers, directors, shareholders and employees (collectively “Releasees”) nor any telephone network or service providers is responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or web site, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this contest, or for any injury to person or property arising from the entrant’s participation in this Contest or for the use or misuse of any prize won. Releasees are not responsible for lost, late, stolen, illegible or misdirected entries or mail. Winner agrees that the Releasees shall not be liable for any injury, loss, death or damage of any kind resulting from participation in this promotion or for acceptance and use of the prize awarded. Sponsor shall have the right to disqualify any entries that they deem to be obscene, vulgar, sexually explicit, lewd, derogatory, inappropriate, or otherwise not in good taste, as determined by the Sponsor in its discretion. Submissions must be 100% your original work, and must not contain any third party material or content (including but not limited to any company logos or trademarks, photographs, likenesses, film or video clips, music, or any other copyrighted or trademarked content) for which you have not been granted specific written permission for this use by the copyright or trademark rights holder. You agree to provide Sponsor with written proof of this permission within three business days, upon Sponsor’s request, whether by phone, mail, or email. You grant to the Sponsor and its designees the irrevocable, perpetual, worldwide, non-exclusive right and license to use, reproduce, edit, market, store, distribute, have distributed, publicly and privately display, communicate, publicly and privately perform, transmit, have transmitted, create derivative works based upon, and promote all elements of the design package submit for entry into the Contest including your image (including photographs and video), biographic information, and comments, (collectively, the “Submission”) in connection with the Contest and such other products or services as the Sponsor may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsor shall have the right to reproduce and distribute your Submission for promotional purposes in broadcast, print and or other media as the Sponsor may determine in their sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsor owns all right, title, and interest in any compilation, collective work, or other derivative work created by the Sponsor using or incorporating your Submission. You hereby grant to the Sponsor the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsor and their designees the right to use any edited Submission, or parts of a Submission, without your approval and waive any right to inspect or approve uses of the Submission prior to or following publication and any right to compensation for the Submission.
WINNERS LIST: For the name of the Grand Prize winner, available after 5/12/08, go to www.aollatino.com/fashionista. Winner’s name will be posted online until 7/1/08.
SPONSOR AND ADMINISTRATOR: Sponsor: AOL LLC, 22000 AOL Way, Dulles, VA 20166. Administrator: Marden-Kane, Inc., 36 Maple Place, Manhasset, NY 11030-1962.