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America’s Most Stylish Blogger Promotion
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. AMERICA’S MOST STYLISH BLOGGER PROMOTION (THE “PROMOTION”) IS OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. THE PROMOTION IS COMPRISED OF A CASTING CALL, A CONTEST, AND A SWEEPSTAKES. PROMOTION IS VOID IN U.S. TERRITORIES AND POSSESSIONS (INCLUDING PUERTO RICO), U.S. MILITARY BASES OUTSIDE OF THE U.S. AND WHERE PROHIBITED.
ELIGIBILITY: Promotion 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. Employees and their immediate families (spouse, parents, children, siblings, and their respective spouses), including those living in the employees’ households of AOL LLC (“AOL”), Bluefly, Inc. (“Bluefly”) (collectively, the “Sponsors”), and their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, 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. Promotion is subject to all applicable federal, state and local laws & regulations. United States law governs this Promotion. Void where prohibited.
CASTING CALL ENTRY INFORMATION: In addition to meeting the above eligibility requirements, those registering for the Casting Call for a chance to become a Contestant in the Contest must have an online blog in which the primary focus is fashion, that was created before September 28, 2009. Casting Call registrations will be accepted between 9:00AM ET on September 29, 2009 and 11:59 PM ET on October 12, 2009 (“Casting Call Registration Period”). Go to www.americasmoststylishblogger.com, www.stylelist.com or www.bluefly.com any time during the Casting Call Registration Period for complete details and registration instructions. To submit your Casting Call Registration: email a completed Casting Call registration form (available at either of the aforementioned links on StyleList.com and Bluefly.com) to Enter@AmericasMostStylishBlogger.com. Limit one (1) Casting Call registration per person.
CONDITIONS OF ENTRY: All Casting Call registrations become the property of the Sponsors and will not be acknowledged or returned. A potential Contestant or 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. Submission must be in keeping with Sponsors’ images 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. 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 Sponsors with written proof of this permission within three business days, upon Sponsors’s request, whether by phone, mail, or email. You grant to the Sponsors 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 Sponsors may designate in any medium now known or hereafter devised for editorial, commercial, promotional and/or any other purpose. In addition, the Sponsors shall have the right to reproduce and distribute your Submission for promotional purposes in broadcast, print and or other media as the Sponsors may determine in their sole discretion. You retain ownership of all right, title, and interest in and to your Submission. You agree that the Sponsors owns all right, title, and interest in any compilation, collective work, or other derivative work created by the Sponsors using or incorporating your Submission. You hereby grant to the Sponsors the right to edit any of your Submission, in whole or in part. In addition, you hereby grant to the Sponsors 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.
NOTIFICATION OF CONTESTANTS: Eight (8) potential Contestants will be contacted by phone and/or email on or about October 15, 2009 by a representative of AOL and/or Bluefly who will make up to three (3) attempts to contact a potential Contestant within a 24 hour period. Each potential Contestant (or his/her parent/legal guardian if he/she is deemed a minor in his/her state of residence) will be required to complete, sign and properly execute an Affidavit of Eligibility and Liability Release, IRS W-9 Form, and Contestant Release form and return same via facsimile and mail within the timeframe given by the Sponsors. Becoming a Contestant and/or a Winner is subject to validation and verification of eligibility and compliance with all terms and conditions set forth in these Official Rules. If a potential Contestant cannot be reached or if required documents are not returned within the stated timeframe or are returned as undeliverable, the corresponding Contestant will be disqualified and an alternate Contestant will be selected by the Sponsors. By entering this Promotion and/or accepting a Prize, Contestants and Winners hereby consent (except where prohibited by law) to the use by Sponsors of the Contestant’s/Winner’s name, age, photograph, voice, likeness and/or image, hometown address, and music video entry without any further compensation. In the event an insufficient number of qualified eligible submissions are received during the Casting Call Registration Period, Sponsors reserve the right to select less than 8 Contestants.
WEEKLY CONTEST CHALLENGES: The Contestants will compete in five (5) Weekly Challenges to compete for the Contest Grand Prize. For all of the Weekly Challenges, Bluefly will provide each Contestant with the same clothing or accessory item (e.g., a pair of shoes, a handbag or a dress) to be selected by Sponsors. Contestants will be asked to incorporate said item into a complete outfit in a distinct way, thus, creating a stylish head-to-toe look; and submit a photograph (.JPG format) of said outfit from head-to-toe along with a blurb of 140 characters or less explaining their style choice/decision. Complete details, including submission deadlines, for each Weekly Challenge will be provided to the Contestants prior to the commencement of each Weekly Challenge. Once a Contestant has submitted the image of his/her created style and write-up for a Weekly Challenge, no changes can be made. All contestants will be required to embed the voting widget on their blog and write a blog post explaining their styling choice for the weekly challenge every week with links back to Bluefly and StyleList’s America’s Most Stylish Blogger hub pages. These posts must be emailed to StyleList at a designated email address by the submission deadline noted in the weekly challenge guidelines that the Contestants will receive. StyleList will post these blog posts and photos on StyleList.com. Failure to comply with any of the above requirements and/or failure to submit a weekly challenge by the indicated deadline will result in the disqualification of the Contestant.
WEEKLY CONTEST VOTING: Each week, visitors will be able to vote on which Contestant they feel should be America’s Most Stylish Blogger based on the following criteria (the “Judging Criteria”): Distinctive Style/Styling Skills (50%) and Writing/Blogging Skills (50%). Visitors can submit a vote via the America’s Most Stylish Blogger widget at http://www.bluefly.com/americasmoststylishblogger, www.stylelist.com/blog/americasmoststylishblogger, http://www.facebook.com/americasmoststylishblogger and anywhere the voting widget appears on the Internet.
All Voters will automatically be entered in the Sweepstakes for a chance to win a $1,000 Bluefly Shopping Spree. Each day a visitor votes, he/she shall receive an additional entry into the shopping spree random drawing. Voting is limited to one (1) vote per person per day. For purposes of the Weekly Contest Voting, a day shall be defined as a 24-hour period beginning at 9:00 AM ET and ending at 8:59AM ET the following morning. Any use of agencies or robotic, repetitive, automatic, programmed or similar voting methods or agents will void all votes by that person.
The Weekly Voting Periods will take place during the following times/dates (each a “Weekly Voting Period”):
Challenge 1: Tuesday, October 27th at 9:00 am ET through Tuesday, November 3rd at 8:59 am ET
Challenge 2: Tuesday, November 3rd at 9:00 am ET through Tuesday, November 10th at 8:59 am ET
Challenge 3: Tuesday, November 10th at 9:00 am ET through Tuesday, November 17th at 8:59 am ET
Challenge 4: Tuesday, November 17th at 9:00 am ET through Tuesday, November 24th at 8:59 am ET
Challenge 5: Tuesday, November 24th at 9:00 am ET through Monday, November 30th at 5 p.m. ET
The Contestant with the highest cumulative number of valid, confirmed votes from all five (5) Weekly Challenges (subject to verification) will be deemed the potential Contest Winner. In the event of a tied score at the conculsion of the fifth Weekly Voting Period, the Contestants involved in a tie will be reviewed by a judge selected by the Sponsors who will serve as a tie-breaker and who will evaluate the entries according to the Judging Critera listed above.
PRIZES
CONTESTANTS’ PRIZES: Each Contestant will be entitled to keep the items sent to them during the five (5) Weekly Challenges. The description and approximate retail value (“ARV”) for each item will be determined during each Weekly Challenge. The total approximate retail value of all of the items is $940. All federal, state, and local tax liabilities are the sole responsibility of the Contestant. No transfers, exchanges, substitutions, or cash equivalent for the Prizes permitted, except at Sponsors’ sole discretion.
CONTEST GRAND PRIZE: The Contest Winner will receive the title of America’s Most Stylish Blogger, a $1,000 Bluefly.com shopping spree, a “blogger store” featuring a product assortment selected by the Contest Winner on Bluefly.com for a minimum of six (6) months, and a weekly column on Stylelist.com for a minimum of three (3) months. The approximate retail value (“ARV”) of the Contest Grand Prize is $1,000. The $1,000 Bluefly.com shopping spree will be awarded in the form of a credit to the Contest Winner’s Bluefly.com account. In order to redeem the $1,000 shopping spree, the Contest Winner must have or create a Bluefly.com account and have a valid credit card on file. In order for the Contest Winner to participate in “blogger store” on Bluefly.com, he/she will be required to comply with any additional terms and conditions set forth by Bluefly and may be required to sign additional agreements from Bluefly. In order for the Contest Winner to submit a weekly column for StyleList, he/she will be required to agree to AOL’s Customary Editorial Standards which will include signing an AOL Blogger Agreement. If the Contest Winner fails to agree to and sign any agreements requested by Bluefly and/or AOL, then the entire Contest Grand Prize will be forfeited and the Contestant with next highest number of cumulative votes will be deemed the potential Contest Winner. All federal, state, and local tax liabilities are the sole responsibility of the Contest Winner. No transfer, substitution, or cash equivalent for the Prize permitted, except by Sponsors in their sole discretion.
SWEEPSTAKES PRIZE: On or about November 30th, Sponsors will conduct a random drawing (the “Sweepstakes”) to select one (1) Sweepstakes Prize Winner from among all eligible Sweepstakes entries that were received via the Voting Widget during the five (5) Weekly Voting Periods. The Sweepstakes Winner will receive a $1,000 Bluefly.com shopping spree. The $1,000 Bluefly.com shopping spree will be awarded in the form of a credit to the Sweepstakes Winner’s Bluefly.com account. In order to redeem the $1,000 shopping spree, the Sweepstakes Winner must have or create a Bluefly.com account and have a valid credit card on file. Odds of winning depend on the number of eligible entries received during all five (5) Weekly Voting Periods. All federal, state, and local tax liabilities are the sole responsibility of the Winner. No transfer, substitution, or cash equivalent for the Prize permitted, except by Bluefly in its sole discretion. The potential Sweepstakes Winner (or parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign and return to Sponsors, within ten (10) days of the date notice or attempted notice is sent, an Affidavit of Eligibility, Liability and Publicity Release, IRS W-9 form, and fulfill any such other requirements as determined by Sponsors in order to claim his/her prize. If the potential Sweepstakes Winner cannot be contacted, fails to sign and return the required forms within the required time period, or if the prize is returned as undeliverable, the potential Sweepstakes Winner forfeits the prize. In the event that the potential Sweepstakes Winner is disqualified for any reason, Sponsors may award the Sweepstakes Prize to an alternate winner by random drawing from among all remaining eligible entries.
ADDITIONAL TERMS AND RESTRICTIONS: Any attempt by an entrant or any other individual to deliberately damage any online service or website, tamper with the voting process, 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 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 all or part of the Promotion 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 Sponsors, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsors reserve the right in their sole discretion to disqualify any entry or entrant and to cancel, terminate, modify or suspend the Promotion (in whole or in part) and/or award the prize(s) from among all eligible entries received as of the date of the termination, as Sponsors determine 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 participating in the Promotion, 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 Sponsors 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. Sponsors 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 Sponsors 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 Promotion. 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 Promotion 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 Sponsors 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 Sponsors in connection with the Promotion, 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 Sponsors, nor their respective parent companies, affiliates, subsidiaries, divisions, advertising and promotion agencies, 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 Promotion or for the use or misuse of any prize won. Releasees are not responsible for lost, late, stolen, illegible or misdirected entries or mail. Winners agree 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.
PRIVACY: Except as noted in these Official Rules, information collected from entrants is used only for the purpose of notifying Contestants/Winners and fulfilling the prizes, and will not be re-used, sold or shared in any manner by Sponsors or any third parties unless entrant has elected to receive additional information and promotional material from a Sponsor or a third party. Once the Promotion has ended and prizes have been fulfilled, all information supplied by entrants (excluding the Contestants, Winners and any registrant who opt-ins to receive email updates from Sponsors) will be removed from the database. By entering the Promotion, you agree to all of the terms and conditions of Bluefly’s Privacy Policy, which is available at http://www.bluefly.com/custom/custom.jsp?promoId=m490011 and AOL’s Privacy Policy which is available at http://about.aol.com/aolnetwork/aol_pp. In the event of any discrepancy between the privacy policies and these Official Rules, these Official Rules shall control and govern.
WINNERS LIST: For the names of the winners, send a self-addressed, stamped envelope to AMSB Winners List, c/o AOL StyleList, 770 Broadway, New York, NY 10003 . Requests must be received by December 15, 2009.
SPONSORS: AOL LLC, 770 Broadway, New York, NY 10003 and Bluefly, Inc., 42 West 39th Street, New York, NY 10018.