PLEASE READ THESE RULES CAREFULLY PRIOR TO PARTICIPATION OR ENTRY. NO PURCHASE IS NECESSARY TO REGISTER, ENTER, OR WIN. OPEN ONLY TO INDIVIDUALS AGED 18 OR AGED 13-18 WITH PARENT PERMISSION.
A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
The #WindsorXOXO Contest 2019 ("The Contest") is created and sponsored by Windsor Fashion's, Inc., ("Sponsor" or "Windsor"), 9603 John St., Santa Fe Springs, CA 90670. By participating in The Contest, you agree to the terms and conditions of the Windsor website, which are available https://www.windsorstore.com/customer-service/privacy-policy, incorporated herein by reference, and that your participation will be governed by, and you shall abide by, all of the following rules (the "Contest Rules") outlined herein.
If there is a dispute as to the identity of an entrant, the Prize will be awarded to the authorized account holder of the Instagram account associated with the winning Entry, as registered with Instagram. Windsor shall have no liability for a Winner's failure to receive notices due to Winners' failure to check Instagram; due to spam, junk e-mail or other security settings; or for Winners' provision of incorrect or otherwise non-functioning contact information. Windsor may in its discretion announce the name of the potential Winner on www.windsorstore.com or in other forms of communication. The receipt by any Winner of the prize offered in this Contest is conditioned upon compliance with any and all federal and state laws and regulations.
The failure of a potential winner promptly to prove eligibility, sign the required declaration and grant of rights in the Entry, or Windsor's inability to contact the potential winner, will result in immediate disqualification and selection of an alternative winner.
ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNERS DISQUALIFICATION AS WINNER OF THE CONTEST AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
Further, in any such dispute, under no circumstances will Participant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, or consequential damages, including reasonable attorney’s fees, other than Participant’s actual out-of-pocket expenses (i.e. costs associated with entering The Contest), and participant further waives all rights to have damages multiplied or increased.
NOTWITHSTANDING ANYTHING TO THE CONTRARY, IN NO EVENT WILL THE SPONSOR OR THE SPONSOR PARTIES BE LIABLE TO ANY PARTICIPANT OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOSS OF REVENUES, LOST PROFITS, LOST CAPITAL OR OVERHEAD, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT SPONSOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Eligibility: The Contest is open only to individuals who (a) are legal residents of the United States or the District of Columbia, and (b) as of the date of the individual's first Entry, are at least thirteen (13) years old with permission from a parent or legal guardian, or are at least eighteen (18) years old. Sponsor in its discretion may require a person who submits an Entry ("Participant") to provide verification of eligibility. The following individuals are not eligible to enter or win The Contest: current or former (within the immediately preceding 12 months) employees, officers, directors, and contractors of Windsor Fashion's, Inc., and anyone involved in the administration of The Contest, and any member of the immediate family (i.e., a parent, sibling, child or grandchild) or household of any of the foregoing individuals.
- Entry Period: Entries will be accepted starting at 12:01 a.m. Pacific Time, January 7, 2019 and ending 11:59 p.m. Pacific Time, January 28, 2019 (the "Contest Entry Period"). The timestamp generated by Instagram shall be the official time-keeping device for The Contest.
- How to Enter: All Entries shall be submitted through Instagram. Individuals must have or open an account with Instagram in order to participate in The Contest. Instagram accounts are subject to the Instagram terms and conditions. Instagram account must not be set to "private" (Windsor can only see your "public" photographs). In order to enter, complete the following steps: 1.) Follow @windsorstore on Instagram; 2.) Upload to Instagram an original photograph of yourself doing a selfie kiss face pose 3.) Include the hashtag #WindsorXOXO and tag @windsorstore in the caption and/or image 4.) Tag 2 friends in the caption
- To enter more than one photograph, repeat steps 2 and 3. Each original photograph and outfit will constitute one (1) Entry. Each eligible Participant may submit an unlimited number of Entries during the Contest Entry Period. By using the hashtags #WindsorXOXO to submit an Entry, you warrant and represent that your Entry photograph is original and does not infringe the intellectual property rights of any third party,you own or have the necessary licenses, rights, consents, and permissions to publish and exploit the Entry photograph, the Entry does not feature trademarks, logos, or brand names other than Windsor, and the Entry is not made for any improper purpose such as to intimidate or harass any individual or to ridicule, disparage, or embarrass Windsor.
- No Entry shall contain any language or imagery which Windsor deems, in its sole and absolute discretion, to be inappropriate, indecent, obscene, hateful, tortious, defamatory, or that promotes discrimination on the basis of race, gender, religion, nationality, disability, sexual orientation, or age. Windsor reserves the right, in its sole discretion, to disqualify any Entry that contains any such language or imagery or which otherwise may be in violation of any law. Late, incomplete and/or inaccurate entries and entries not complying with all Rules are subject to disqualification. Any form of automated entry, including by the use of macros, scripts or bots, will be disqualified. Furthermore, by entering, each Participant represents and warrants that each Entry complies with these Contest Rules in full. Entries must not contain any material that Windsor, in its sole discretion, deems inappropriate for public viewing and/or determines is contrary to the Contest mission. Windsor reserves the right in its sole discretion to disqualify and/or not accept any Entry that Sponsor determines does not or is likely not to comply with these guidelines.
- Your submission of an Entry constitutes your legal representation that you are eligible to participate in The Contest, and that you have read and agree to be bound by these Rules.
- All Entries must be posted to Instagram no later than 11:59 pm Pacific Time on January 28, 2019.
- Judging Criteria: All Entries will be judged by Windsor personnel, to be selected by Windsor at its sole discretion (the "Judges"). The Judges shall select a Winner each week using the following equally weighted criteria: Creativity; composition of photograph; and relevance to campaign. Decisions of the Judges are final and binding.
- Winner Notification, Requirements, and Grant of Rights: Windsor, using the @windsorstore Instagram account, will notify each week's Winner by making an Instagram comment on the winning Entry (the "Notification"), on the Monday immediately following the Weekly Judging Period in which the photograph was entered. To claim the Prize, Winner must respond to the Notification within forty-eight (48) hours of its posting by DMing @windsorstore on Instagram with the Winner's full legal name, home, and email addresses. By accepting the gift card the Winner releases rights to Windsor without additional compensation.
- Prizes: There shall be one (1) prize awarded each week during the Entry Period (the "Weekly Prize") consisting of one credit card gift card in the amount of $1000.00 (Weekly Prize ARV: $1000.00. For a total of three (3) winners. No cash or other prize substitutions are permitted except at Sponsor's sole discretion. The prize is non-transferable. Any and all prize related expenses, including, without limitation, any and all federal, state, and/or local taxes shall be the sole responsibility of each Winner. Gift card shall be subject to the terms and conditions delivered with the gift card.
- Limitation of Liability: By entering, each Participant agrees to and hold harmless Windsor and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Sponsor Parties") from any liability, illness, injury, death, loss, litigation, claim or damage that may occur, directly or indirectly, whether caused by negligence or not, from (i) such Participant's participation in The Contest and/or her acceptance, possession, use, or misuse of any prize or any portion thereof, (ii) technical failures of any kind, including but not limited any loss or damage to any Entry, (iii) the malfunctioning of any computer, cable, network, hardware or software; (iv) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (v) unauthorized human intervention in any part of the entry process or The Contest; (vi) electronic or human error which may occur in the administration of The Contest or the processing of Entries; to the maximum extent allowed by law. Some jurisdictions may not permit certain liability limitations or waivers. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
- All Decisions Final: All decisions of Sponsor and Sponsor Parties are final and binding in all respects. Disputes:
- THE CONTEST IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF CALIFORNIA, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in The Contest, to the fullest extent allowed by law, Participant agrees that any and all disputes, claims, causes of action or controversies arising out of or in connection with The Contest, shall be resolved in arbitration individually and without resort to collective, class, or aggregate action, as set forth in the Terms and Conditions of the windsorstore.com website. By registering and/or submitting an Entry, each Participant irrevocably waives, to the greatest extent allowed by law, any right to seek and/or obtain rescission and/or equitable and/or injunctive relief.
- General Terms and Conditions: All federal, state, and local laws and regulations apply, and The Contest is void where prohibited. Windsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend The Contest should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of The Contest. In such case, Windsor may select the recipients from all eligible Entries received prior to and/or after (if appropriate) the action taken by Windsor. Windsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of The Contest or who violates these Contest Rules. Sponsor is not responsible for lost, late, illegible, incomplete, damaged, mutilated, misdirected, misdelivered, or delayed Entries, or for technical or human errors or failures of any kind in connection with the submission, transmission, processing or selection of Entries or the winning Entry, including without limitation any malfunctions or failures of computer hardware, computer software, networks or telephone equipment or any technical problems or traffic congestion on the Internet or at any website or late, lost, damaged, or postage due mail, or any combination thereof. Caution: Any attempt by a person to deliberately damage any Web site 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 from any such person to the fullest extent of the law. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of The Contest, or in the announcement of the prize. Sponsor shall not be responsible for retaining copies of any Entry. These Contest Rules set forth the entire agreement and understanding between Sponsor and Participant concerning the subject matter hereof and merges and supersedes all prior discussions, agreements, and understandings of any kind between them. Notwithstanding anything contained herein to the contrary, Sponsor reserves the right, in its sole discretion, at any future time to terminate, modify, or suspend The Contest for any reason, in Sponsor's sole discretion. Participant shall be deemed an independent contractor and nothing contained herein shall constitute this arrangement to be employment, a joint venture, or a partnership. Sponsor's failure to enforce any provision of these Contest Rules shall not constitute a waiver of any provision contained herein. If any provision of these Rules is found to be invalid or unenforceable by a court of competent jurisdiction or appointed arbitrator, such determination shall in no way affect the validity or enforceability of any other provision herein. The titles of Sections of these Contest Rules are for convenience only and shall not be given any legal effect. The word "including" is used in these Contest Rules to mean "including but not limited to."
- Name of Winner: Each week's Winner will be announced, and the Winner's name made available on the windsorstore.com instagram, instagram.com/windsorstore, on Monday.
- Disclaimer: The Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram, and in no instance shall Instagram and its subsidiaries, affiliates, advertising and promotion agencies, partners, representatives, agents, successors, assigns, employees, officers and directors (all of the foregoing, the "Instagram Parties") be liable for any disputes, claims, causes of action or controversies arising out of or in connection with The Contest.