NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST.
1. ELIGIBILITY: The Victoria's Secret PINK® "Design a Tee" Contest (the "Contest") is open to legal residents of the 50 United States & the District of Columbia age 18 or older who are currently enrolled in an accredited college or university. You must be physically located within the United States when you enter the Contest. Employees, officers, & directors of Victoria's Secret Stores Brand Management, Inc. ("Sponsor"), its parent, subsidiaries & affiliates, advertising, promotion & fulfillment agencies, & legal advisors, web masters & web suppliers, & the immediate family members (mother, father, brother, sister, daughter, son, or spouse, regardless of where they live) & persons living in the same household of such persons (whether or not related), are not eligible. Void where prohibited. By participating, entrant (& entrant's parent/legal guardian if entrant is a minor) agrees to these Official Rules & the decisions of the Sponsor &/or judges, which are final & binding in all matters relating to this Contest.
2. PROGRAM DESCRIPTION Sponsor is seeking an original, PINK-inspired graphic design for the
front of a white, buttonless, collarless & pocketless cotton t-shirt with a round neck & short sleeves,
that will be manufactured & branded as the "Special Edition Design a Tee"
& sold at select Victoria's Secret stores &/or online at
victoriassecret.com. The number of Special Edition
Design a Tees to be manufactured & sold, & the Victoria's Secret stores, if any, where
they will be sold, shall be in Sponsor's sole discretion.
Entries must be received between January 13, 2009 at
12:00:00 a.m. Eastern Time (ET) & February 15,
2009 at 11:59:59 p.m. ET. The Contest database is the official time keeping device for the Contest.
In case of disputes, entries will be deemed made by the authorized account holder of the e-mail
account associated with the entry. "Authorized account holder" is defined as the natural person
who is assigned to an e-mail address by an Internet Access Provider, on-line service provider, or
other organization (e.g., business, educational institution, etc.) that is responsible for assigning
e-mail addresses for the domain associated with the e-mail address.
3. HOW TO ENTER: Eligible entrants may enter the Contest by submitting their design (the "design" or "entry") on www.VSPINK.com/design_a_tee_landing.jsp. There are two ways to create your design: (1) with PINK'S online design tool or (2) by downloading PINK'S Design Tool Kit from www.VSPINK.com/design_a_tee_landing.jsp and using your own software. If you use your own software to create the design, entries must be JPEG or .gif files no larger than five megabytes. Sponsor will make icons demonstrating Sponsor's trademarks & logos, & other icons, available for download by entrants. Entrants must incorporate at least one of Sponsor's trademarks or logos provided by Sponsor into their design. The background color of the t-shirt must be white and the design cannot include any rhinestones, sequins, beads, buttons or other embellishments, or any embroidery. There should be no designs on the sleeves; they should be left plain. Sponsor herein grants to entrant a limited license to use the materials demonstrating Sponsor's trademarks & logos provided by Sponsor & the Sponsor's trademarks & logos provided by Sponsor, solely in connection with his/her entry. No other permission to use the materials demonstrating Sponsor's trademarks & logos or Sponsor's trademarks & logos is granted to entrant. When submitting your entry, you may provide a brief description of the design which will constitute a part of your entry subject to these Official Rules & will accompany any posting of your entry on www.VSPINK.com. However, such description will not be considered in the Expert Judging (defined below). Eligible entrants may enter as many designs as they wish and each of the entrant's designs will be judged independently of the others. Limit one prize per person.
4. ENTRY SPECIFICATIONS: The entry must be original & not have been previously publicly displayed or disseminated & the entrant must own all rights to all of the material in it with the exception of Sponsor's trademarks & logos licensed to entrants herein. It must not include indecent, obscene, violent, vulgar, pornographic or profane material, material that violates the intellectual property, privacy or other rights of third parties, or material that otherwise violates these Official Rules. By submitting the entry, each entrant represents & warrants that the entry is original, that entrant owns all rights to all of the material in it, & that Sponsor's use of it, or any parts thereof, will not infringe upon the rights of any third party, including, without limitation, any intellectual property or privacy rights. Participants are solely responsible for Internet connectivity, software &/or hardware that may be required in order to create &/or submit any entry.
5. JUDGING: Entries must reflect the spirit of Victoria's Secret PINK & will be initially judged by Victoria's Secret PINK expert designers based on the following criteria: Innovativeness (50%) & Commercial Viability (50%). (In the case of a tie, the tie will be broken by the highest Commercial Viability score. If the Commercial Viability scores are tied, the judges will reconsider the Commercial Viability scores until the tie is broken.) This expert judging (the "Expert Judging") will be conducted between, on or about February 19, 2009 & on or about February 23, 2009. (As stated above, any written description submitted will not be considered in the Expert Judging.) The three entrants receiving the highest scores (the "Finalists") will have their entries displayed on www.VSPINK.com between, on or about February 24, 2009 & on or about March 9, 2009. During that time, members of the public will be invited to vote for their favorite design (the "Public Voting"). The public will be limited to one (1) vote per person, per day. The Finalist whose design receives the most votes will be deemed the Grand Prize Winner. The other two Finalists will be deemed the Second Prize Winners. In the unlikely event that Public Voting results in a tie, the Grand Prize Winner will be the entrant who received the highest score during the Expert Judging. The Grand Prize Winner will be announced on www.VSPINK.com on or about March 10, 2009.
6. PRIZES: The Grand Prize Winner will receive a $500 Victoria's Secret Gift Card. Approximate Retail Value ("ARV"): $500. The two Second Prize Winners will each receive a $250 Victoria's Secret Gift Card. ARV: $250. Total ARV of all prizes to be awarded: $1,000. Gift Card cannot be redeemed for purchases of gift cards or an adjustment to prior purchases, or exchanged for cash. No credit or cash given for unused portion. The manufacture and sale of the t-shirts has no cash or retail value to the Grand Prize Winner.
7. PRIZE RESTRICTIONS: No substitution, cash redemption or transfer of prize allowed, but Sponsor reserves the right to substitute for the advertised prize or any prize component, a prize/prize component of equal or greater value if the advertised prize/prize component becomes unavailable for any reason. Taxes are the sole responsibility of the winners. The Grand Prize Winner may be asked to provide further information about his/her design to assist Sponsor's efforts to manufacture the t-shirt.
8. NOTIFICATION & VERIFICATION OF WINNERS: The winners will be notified by telephone &/or email on or after March 10, 2009. The winners will be required to sign & return an affidavit of eligibility & liability release, & where permitted, a publicity release, within the time specified in the request for same or the prize will be forfeited. If a winner is a minor in his/her state of residence, the prize may be awarded in the name of, or to, the winner's parent/legal guardian who must execute all documents & agree to all obligations & undertakings of the winner, both on behalf of himself/herself & the winner. Failing compliance with this, the prize will be forfeited.
9. INTELLECTUAL PROPERTY & PUBLICITY RIGHTS: By submitting an entry, each entrant represents & warrants that he/she owns all right, title & interest in & to said entry & has the sole & exclusive right to grant or transfer all of the rights in this paragraph to Sponsor. In exchange for the opportunity to participate in this Contest, each entrant assigns all right, title & interest in & to the entry, including any copyrights & moral rights therein, to Sponsor. Each entrant acknowledges & agrees that, once submitted & assigned, the entrant has no further rights to the entry & Sponsor shall have the perpetual, royalty-free, worldwide, & irrevocable right to use, edit, alter, copy, reproduce, disclose, display, publish, prepare derivative works from, perform, distribute, exhibit, broadcast, or otherwise exploit the entry, in whole or in part, whether in connection with the Contest or not, in any form, media or technology now known or hereafter developed, including, but not limited to, broadcast & cable television, radio, mobile transmission, & the Internet, for any purpose whatsoever, including, but not limited to, advertising, promotion, entertainment & commercial purposes, without any payment to, or further authorization by, the entrant. Without limiting the foregoing, each entrant consents to have his/her entry made available for public viewing &/or comment &/or rating &/or voting on the Internet. Each entrant further grants to Sponsor the unrestricted, irrevocable right, but not the obligation, to use the entrant's name, address, photograph, picture, likeness, moving image, voice, biographical material, & personal information, whether in their original form as submitted on the entry, or as altered, edited, lifted or reproduced by Sponsor, in perpetuity throughout the world, whether in connection with the Contest or not, in any & all media for any & all purposes, without any payment to, or further authorization by, the entrant. By entering this Contest, each entrant further agrees that (i) excepting entrant's enjoyment of the entry in the privacy of entrant's home, entrant may not use or permit others to use the entry without obtaining the prior written approval of Sponsor; & (ii) entrant will execute such further documents & instruments & take any further acts as Sponsor may reasonably request in order to effectuate these terms. Sponsor may license & assign to one or more third parties any &/or all of the rights (in whole &/or in part) granted to Sponsor hereunder.
10. GENERAL CONDITIONS: All federal, state & local laws & regulations apply. Sponsor reserves the right, in its sole discretion, to suspend or terminate this Contest should virus, bugs, non-authorized human intervention or other causes beyond the control of Sponsor corrupt or impair the administration, security, fairness or proper play of the Contest. In such an event, the judger may select the winners from among the entries received during unaffected time periods. Sponsor & its agents are not responsible for lost, late, illegible, misdirected or stolen entries or transmissions; technical, hardware, software or telephone failures of any kind; lost or unavailable network connections; incomplete, garbled or delayed computer transmissions; any technical or human error which may occur in the processing of submissions which may damage a user's system or limit a person's ability to participate in the Contest; fraud; or problems or errors of any kind in the administration or fulfillment of the Contest, including, but not limited to, mechanical, human, printing, distribution or production errors. Sponsor may prohibit a person from participating in the Contest or winning a prize if, in its sole discretion, it determines that said person is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass Sponsor, its agents, or other entrants.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE CONTEST ENTRY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL & CIVIL LAWS & SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES & DAMAGES (INCLUDING ATTORNEY'S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. USE OF THE CONTEST ENTRY WEBSITE: The Contest entry website is provided on an "as is" & "as available" basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, Sponsor expressly disclaims all warranties of any kind, whether express or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose, & noninfringement. Sponsor does not make any warranty that the Contest entry website will meet your requirements, or that access to the Contest entry website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected.
12. LIABILITY LIMITATIONS: Participation in the Contest constitutes agreement by entrant that Sponsor, its parent, subsidiaries & affiliated companies, advertising & promotion agencies, & all of their respective officers, directors, employees, representatives & agents (individually & collectively "Releasees") are released from, will have no liability whatsoever for, & shall be held harmless by entrant (& entrant's parent/legal guardian, if entrant is a minor) against, any & all claims, losses or liabilities (including death, property damage, or intellectual property rights) arising out of or relating to participation in this Contest or any Contest-related activities or use or misuse or redemption of a Contest prize. All issues & questions concerning the construction, validity, interpretation & enforceability of these Official Rules, or the rights & obligations of entrant &/or Sponsor in connection with the Contest, to the extent permitted shall be governed by, & construed in accordance with the laws of the State of Ohio, without regard for the conflicts of law doctrine of that State or any other jurisdiction. Each entrant irrevocably submits to the exclusive jurisdiction of the Federal & State courts located in Columbus, Ohio for the purpose of any suit, action or other proceeding arising out of or relating to this Contest or any Contest-related activities or use or misuse or redemption of a Contest prize. Any & all disputes, claims & causes of action arising out of or relating to this Contest, or any Contest-related activities or use or misuse or redemption of a Contest prize, shall be resolved individually, without resort to any form of class action. Any & all claims, judgments & awards shall be limited to actual out-of-pocket costs incurred, but in no event attorney's fees.
13. WINNERS LIST: To view the names of the winners, go to www.VSPINK.com between March 10, 2009 & April 21, 2009.
14. PRIVACY POLICY: All personally identifiable information submitted with your entry into the Contest will be subject to the terms of the Privacy Policy for the www.VSPINK.com website.
15. SPONSOR: Victoria's Secret Stores Brand Management, Inc., 4 Limited Parkway East, Reynoldsburg, OH 43068