Terms and Conditions of Participation: Photo Submission

Contest Host: Jovani Fashions, Ltd. (“Jovani” or “Company”)

Company’s Address: 1370 Broadway, 4th Floor, New York, NY 10018

Company’s Telephone: (212) 279-0222

 

  1. Description of Contest/Participation.
    1. NO PURCHASE NECESSARY: PURCHASE DOES NOT INCREASE ODDS OF WINNING. Void where prohibited. When applicable, winning and/or prize distribution is dependent upon the amount of votes a participant receives, as described in the contest description posted on www.Jovani.com.

 

    1. This contest is on-going, and shall end at the sole discretion of the Company. 
    1. Eligibility and Limitations: All participants that enter the Contest and all winners or submit a photograph must be a legal U.S. residents, at least 18-years old (“Participants”). If the Participant is below the age of 18 or considered a minor as determined by the jurisdiction in which the participants resides, then the Company shall consider them a minor (“Minor”), If a Minor shall participate and/or submit a photo, then a parent or legal guardian of the Minor must consent and complete the form, and/or submit any photo on the Minor’s behalf. The Company reserves the right to refuse to award a prize to or on behalf of any Minor, and/or refuse to accept the submission of a Minor in the event that the Company knows that the Participant is in fact a Minor.  The Company, in its sole discretion, reserves the right to disqualify and prohibit from participating any Participant who the Company determines (in its sole discretion) is or is attempting to: (i) tamper with the Company’s Website and/or any part of the contest; (ii) attempting to undermine the legitimate operation of the contest by cheating, deception, or other unfair playing practices, (iii) intending to annoy, abuse, threaten or harass any other participants or the Company’s Agents; and/or (iv) otherwise violating these official rules or the terms of use of the company’s website. (b) ANY ATTEMPT TO DELIBERATELY DAMAGE THE COMPANY’S WEBSITE (OR ANY PART THEREOF) OR UNDERMINE THE OPERATION OF THIS CONTEST MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD ANY SUCH ATTEMPT BE MADE, THE COMPANY AND ITS LICENSEES (IF ANY) RESERVE THE RIGHT TO SEEK DAMAGES AND ANY OTHER AVAILABLE REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR ANY SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. EACH ENTRANT (OR, IF THE ENTRANT IS NOT OF AGE OF MAJORITY IN HIS/HER STATE OF RESIDENCE, THE LEGAL GUARDIANS THEREOF) AGREES TO INDEMNIFY AND HOLD HARMLESS THE COMPANY AND ITS AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES AND/OR LIABILITIES (INCLUDING REASONABLE ATTORNEYS' FEES AND EXPENSES) THAT MAY BE ASSERTED AGAINST OR INCURRED BY ANY OF THEM AT ANY TIME, IN CONNECTION WITH THE USE THEREOF, AND/OR BY ENTRANT’S BREACHES OF ANY REPRESENTATION, WARRANTY OR COVENANTS ASSOCIATED WITH THIS CONTEST. If, in the Company’s opinion, there is any suspected or actual evidence of fraud, electronic or non-electronic tampering or unauthorized intervention with any portion of this Contest, or if fraud or technical difficulties of any sort (e.g., computer viruses, bugs) compromise the integrity of the Contest, the Company reserves the right to void suspect entry and/or evaluations and/or terminate the Contest and award the Prize in its sole discretion. The use of any automated launching or entry software or any other mechanical or electronic means that permits the participant to automatically enter or evaluate repeatedly is prohibited. In the event of a dispute as to the identity of an entrant based on an email address, the entry in question may be disqualified.

 

    1. Receipt of Forms: Only those forms and or photos actually received by the Company will be considered.  The Company is not liable for any computer malfunction, error and/or failure to electronically transmit any Forms to the Company. The Company is not liable for any occurrence that may cause a Participant’s Form and/or photo to be lost, deleted or improperly sent. The Company is not responsible for mechanical, technical, electronic, communications, telephone, computer, hardware or software errors, malfunctions or failures of any kind, including: failed, incomplete, garbled or delayed transmission of online entries, traffic congestion on any webpages associated with the photo and/or contest, the Internet or at any website or lost or unavailable network connections which may limit an online entrant's ability to participate in the contest and/or submission of photos, and any injury or damage to entrant’s or any other person’s computer related to or resulting from participating in or downloading any information necessary to participate in the contest and or photo submission.
    1. Privacy Policy and Intellectual Property: By participating, where allowed by law, all Participants and winner(s) grant the Company permission to use their names, characters, photographs, voices, and likenesses in connection with promotion of the contest and/or the Participant’s photo submission, and waive any claims to royalty, right, or remuneration for such use. By participating in the Contest, where allowed by law, Participants acknowledges and accepts the Company’s Privacy Policy found here: http://www.jovani.com/privacy-policy. For content that is covered by intellectual property rights, like photos and likeness (IP content), Participants specifically grant the Company a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that Participants posts or submits. Participants understands that when they submit a photo and/or participate in the contest, their photo and information submitted along with it will be viewable to the public and that they are allowing everyone, including people off of the Company’s website’s access to the information submitted.  Participant understands that the Company may use the photos and information submitted without any obligation to compensate them (just as you have no obligation to offer them).  By submitting their photos and/or submitting any other information connected with this contest and their photo submission, Participants explicitly agrees to allow the Company to post the submitted pictures anywhere on the Company’s website and its social media pages.

 

  1. Release.

 

    1. Waiver: By participating in the contest and photo submission, each Participant and winner waives any and all claims of liability against the Company, its employees and agents, for any personal injury or loss which may occur from the conduct of, or participation in, the contest, photo submission, or from the use of any prize awarded.
    1. Conduct and Decisions: By participating in the contest and photo submission, Participants agree to be bound by the decisions of Company personnel. Persons who violate any rule, gain unfair advantage in participating in the contest and photo submission, or obtain winner status using fraudulent means will be disqualified. Unsportsmanlike, disruptive, annoying, harassing or threatening behavior is prohibited. The Company will interpret these rules and resolve any disputes, conflicting claims or ambiguities concerning the rules or the Contest and the Company’s decisions concerning such disputes shall be final. If the conduct or outcome of the contest and photo submission is affected by human error, any mechanical malfunctions or failures of any kind, intentional interference or any event beyond the control of the Company, the Company reserves the right to terminate this Ccontest, or make such other decisions regarding the outcome as the Company deems appropriate. All decisions will be made by the Company and are final. The Company may waive any of these rules in its sole discretion. Any attempt by an entrant or any other individual to deliberately circumvent, disrupt, damage or undermine the legitimate operation of this Contest is a violation of criminal and civil laws. Should such an attempt be made, the Company reserve the right to seek civil and/or criminal prosecution and/or damages from any such person to the fullest extent permitted by law.

 

11. Miscellaneous.

Void where prohibited. Each winner must submit proof of eligibility and sign the Company’s release form to claim any prize. The Company may substitute prizes, amend the rules or discontinue the contest and photo submission at any time as announced on the Company. The Company disclaims any responsibility to notify participants of any aspect related to the conduct of the contest and photo submission. For a copy of the official rules of the contest, please contact the company at 212-279-0222. All entries become the property of the Company and will not be returned. The conduct of the contest and photo submission is governed by applicable laws of the United States of America.