Babes Against The Machine: Win a car + $10,000!
Sophia wouldn't be where she is today without her trusty Volvo, which she packed to the gills with vintage in the early days of Nasty Gal and barreled up and down the coast on buying trips from San Francisco to Los Angeles. Now you can win your own Volvo 240 DL—and $10,000 to spend at Nasty Gal.
How it works: Show up and register at the Santa Monica Pier on Saturday, May 17th. Fifteen registrants will be chosen at random to compete. Competitors stand with their hands on the Volvo and the last hand standing wins the grand prize.
Grand prize: Volvo 240 DL and a $10,000.00 Nasty Gal gift card
Second prize: a $5,000 Nasty Gal gift card
Third prize: a $2,500.00 Nasty Gal gift card
Fourth prize: a $1,000.00 Nasty Gal gift card
Fifth prize: a $1,000.00 Nasty Gal gift card
Competitors announced: 11am
Contest begins: 12pm
Read the official rules below and remember this is a 24-hour event. Bring warm clothes, as temperatures drop at night, plenty of snacks, and make sure you've made arrangements to stay awhile.
May the best hand win.
#GIRLBOSS BABES AGAINST THE MACHINE
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. CONTESTANTS MAY BE REQUIRED TO EXECUTE ELIGIBILITY AND WAIVER DOCUMENTS AND WINNER WILL BE REQUIRED TO EXECUTE PRIZE ACCEPTANCE DOCUMENTS, AS MORE FULLY DETAILED BELOW.
PARTICIPATION IN THE CONTEST PORTION OF THIS PROMOTION INVOLVES PARTICIPATING IN A PROLONGED ENDURANCE COMPETITION TO DETERMINE THE PRIZE WINNER. AS SET FORTH IN MORE DETAIL BELOW, THE ENDURANCE COMPETITION WILL REQUIRE EACH CONTESTANT TO STAND UPRIGHT AND MAINTAIN HIS/HER HAND IN FULL AND CONSTANT CONTACT WITH A MOTOR VEHICLE DESIGNATED BY SPONSOR FOR AN EXTENDED PERIOD OF TIME. AS SUCH, PARTICIPATION IN THE CONTEST PORTION OF THE PROMOTION MAY REQUIRE STRENUOUS PHYSICAL ACTIVITY AND THUS INVOLVE THE INHERENT RISK OF PHYSICAL AND PSYCHOLOGICAL INJURY, INCLUDING PERMANENT INJURY, OR DEATH. BY ENTERING THIS PROMOTION, YOU EXPRESSLY ACKNOWLEDGE, AGREE TO, AND, AS MORE FULLY SET OUT IN THESE OFFICIAL RULES, ASSUME SUCH RISKS AND RELEASE SPONSOR FROM ALL LIABILITY ASSOCIATED WITH PARTICIPATION IN THE PROMOTION.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
OVERVIEW: The #GIRLBOSS Babes Against the Machine Promotion consists of two stages: a sweepstakes to determine eligible contestants (the “Sweepstakes”) followed by an endurance competition between some or all of those contestants to determine the ultimate prize winners (the “Contest,” and, together with the Sweepstakes, the “Promotion”). The Promotion is sponsored by Nasty Gal Inc. (the "Sponsor"). The Sweepstakes begin on Saturday, May 17, 2014, at or around 9:00 a.m. PT and end on Saturday, May 17, 2014, at approximately 11:00 a.m. PT ("Sweepstakes Period"). Following the close of the Sweepstakes Period, up to fifteen (15) persons will be selected at random from among all eligible entrants in the Sweepstakes. Those fifteen (15) persons will be eligible to compete in the Contest as “Contestants.” The Contest will be conducted between approximately 12:00 pm PT on May 17, 2014, and 12:00 AM PT on May 21, 2014 (“Contest Period”). The Sweepstakes Period and the Contest Period are together referred to in these Official Rules as the “Promotion Period.” During the Contest Period, each Contestant will be required to stand with at least one (1) of his or her hands fully resting at all times on a Sponsor designated motor vehicle. There will be limited rest breaks during the Contest Period. Any Contestant that removes his or her hands from the vehicle (other than during an official rest break or as otherwise instructed by the Contest administrators), as determined by Sponsor or its designated Contest administrator in their sole discretion, will be disqualified. When there is only one eligible Contestant remaining, the Contest will be deemed over and such Contestant will be declared the winner.
ELIGIBILITY: This Promotion is only open to legal residents of California who are at least eighteen (18) years old as of the date of entry and who possess a valid California motor vehicle operator’s license. This Sweepstakes is void in all U.S. states (other than California), districts, territories (including Puerto Rico), possessions, and overseas military installations, and where prohibited by law. Employees of Nasty Gal Inc. and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Promotion. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor.
HOW TO ENTER: If you meet the eligibility requirements, you may enter this Sweepstakes by appearing in person on May 17, 2014 at the Santa Monica Pier’s Grand Plaza, 200 Santa Monica Pier, CA 90401 (“Contest Site”) and submitting a completed entry form between the hours of 9:00 am. PT and 11:00 am PT. You must present a valid California motor vehicle license at the time you submit your completed entry form.
For purposes of this Sweepstakes, an entry is “received” when Sponsor actually receives the completed entry form and Entrant presents a valid California motor vehicle license. All entries must be received by Sponsor before 11:00 am PT or they will be void. LIMIT ONE (1) ENTRY PER PERSON. Entries that are unsigned, forged, altered, incomplete, lost, late, misdirected, mutilated, illegitimate or garbled will not be accepted and are void. Entries made on behalf of another individual will be declared invalid and disqualified. All entries submitted become the sole property of Sponsor and will neither be acknowledged nor returned. Those who do not provide the required entry information in their entry form or abide by these Official Rules and other instructions of Sponsor and its representatives will be disqualified. As a condition of entering the Promotion, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules.
DRAWING, NOTIFICATION, AND ODDS OF WINNING: Up to fifteen (15) potential Contestants will be selected in a random drawing from among all eligible entries received for the Sweepstakes. The drawing will take place on May 17, 2014 at approximately 11:00 am PT. Decisions of the Sponsor are final on all matters relating to the Promotion, including interpretation of these Official Rules, and determining the potential Contestants. “Winners” of the Sweepstakes will have the possibility of competing as Contestants in the Contest, but will not receive any other prize of any kind. Odds of winning the Sweepstakes and becoming a potential Contestant depend on the number of eligible entries received. Sponsor will announce the “Winners” of the Sweepstakes at the Contest Site at approximately 11:00 am PT as the Winners are drawn. Time is of the essence in communicating with potential Contestants so potential Contestants must be present at the Contest Site when the Sweepstake Winners are announced. If a potential Contestant is not present or otherwise cannot be reached, that selected potential Contestant may be disqualified and an alternate potential Contestant may be selected (time permitting and in Sponsor’s sole discretion). Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential Contestant, if any. If Sponsor cannot verify fifteen (15) Sweepstakes winners for any reason the pool of Contestants competing in the Contest may be fewer than fifteen (15).
ADMINISTRATION/OVERVIEW: Each of the verified Sweepstakes winners will be invited to participate in the Contest, scheduled to begin after the Sweepstakes Winners are announced at approximately 12:00 pm PT. The Contest will be administered by Sponsor or a representative of Sponsor (either, the “Contest Director”). BY PARTICIPATING IN THE CONTEST, CONTESTANTS AGREE THAT ALL DECISIONS OF THE CONTEST DIRECTOR REGARDING THE ADMINISTRATION OF THE CONTEST ARE FINAL AND BINDING IN ALL RESPECTS ON CONTESTANT. THIS INCLUDES, BUT IS NOT LIMITED TO, DECISIONS AS TO WHETHER, DURING THE CONTEST, A CONTESTANT ENGAGES IN CONDUCT THAT RESULTS IN HIS OR HER DISQUALIFICATION FROM THE CONTEST OR AS TO WHETHER A CONTESTANT IS FIT TO CONTINUE PARTICIPATING IN THE CONTEST.
During the Contest, a 1985 Volvo 240 DL will be parked in a designated area in the Grand Plaza of the Santa Monica Pier. At the Contest Director’s signal, each eligible Contestant will place at least one (1) of his or her hands on the Vehicle. Each Contestant must maintain at least one (1) of his or her hands fully on the Vehicle at all times during the Contest Period, except for rest breaks expressly sanctioned and authorized by the Contest Director or as otherwise explicitly instructed by the Contest Director. Any Contestant that removes his or her hand from the Vehicle (other than during an official rest break or as otherwise instructed by the Contest Director) will be disqualified (in Contest Director’s discretion). When there is only one (1) eligible Contestant remaining, the Contest will be deemed over and such Contestant will be declared the winner.
CONTEST PROCEDURE: Potential Contestants must be present at the Grand Plaza on the Santa Monica Pier no later than 10:59 a.m. PT on May 12, 2014. Contest Director may, in his or her sole discretion, elect to process a late-arriving potential Contestant and allow him or her to compete notwithstanding his or her failure to meet this deadline. Each potential Contestant must check in with Contest Director and will be required to complete and sign a Participant’s Release & Indemnification Agreement and to furnish Contest Director with his or her valid California motor vehicle operator’s license (collectively, ”Contestant Eligibility Documents”). IF ANY POTENTIAL CONTESTANT FAILS TO COMPLETE OR FURNISH ANY OF THE CONTESTANT ELIGIBILITY DOCUMENTS, OR IF CONTEST DIRECTOR, IN HIS OR HER SOLE DISCRETION, SUSPECTS OR DETERMINES THAT ANY OF THE CONTEST ELIGIBILITY DOCUMENTS ARE INCOMPLETE, INACCURATE, FRAUDULENT, OR OTHERWISE DEFECTIVE, SUCH POTENTIAL CONTESTANT WILL NOT BE PERMITTED TO PARTICIPATE IN THE CONTEST. During check-in, potential Contestants must disclose to Contest Director any disabilities, medical conditions, or other medical information relevant to participation in the Contest, including the need to administer any prescription medications during the Contest. Contest Director will attempt to make reasonable accommodations for all disclosed disabilities and medical conditions, provided, however, that if Contest Director determines, in his or her sole and absolute discretion, that a potential Contestant is not physically or psychologically fit or competent to participate in the Contest, such potential Contestant will not be allowed to compete and the Released Parties will be held harmless and released for such decisions. Any potential Contestant who is physically, developmentally, or otherwise challenged in such a manner as to render participation in the Contest impracticable (as determined by Contest Director or disclosed to the Contest Director by the potential Contestant him- or herself prior to the start of the Contest) will be allowed to designate a proxy immediately prior to the start of the Contest to participate in the Contest on his or her behalf, provided that any proxy selected must meet all eligibility requirements for Contestants and be willing to compete in the Contest on the potential Contestant’s behalf. A proxy may not be designated once the Contest has started. For the avoidance of doubt, any proxy’s competition in the Contest will be as an agent of the potential Contestant and will inure to the benefit of such person. If the proxy wins the Contest, Sponsor shall award the prize to the potential Contestant on whose behalf the proxy competed and NOT to the proxy. Under no circumstances will any participating proxy receive a prize of any kind. Any potential Contestant who designates a proxy to compete in the Contest must remain present in the Contest Area (defined below) or other Contest Director designated waiting area throughout the Contest Period. IF A POTENTIAL CONTESTANT FAILS TO DISCLOSE ANY DISABILITY, MEDICAL CONDITION, OR OTHER MEDICAL INFORMATION AT CHECK-IN, CONTEST DIRECTOR WILL ASSUME NO SUCH DISABILITY OR CONDITION EXISTS AND WILL MAKE NO ACCOMMODATION. If fewer than fifteen (15) potential Contestants check in for the Contest or are deemed eligible for the Contest, Sponsor reserves the right, in its sole discretion to: (i) proceed with the Contest with fewer than fifteen (15) participating Contestants; (ii) extend the check-in period and delay the beginning of the Contest Period; or (iii) take other remedial action as Sponsor may, in its sole discretion, elect.
CONTEST PROCEDURE: COMMENCEMENT & DURATION. Contest will begin, upon Contest Director’s instruction, at or around 12:00 p.m. PT on May 17, 2014, or later as Contest Director or Sponsor may decide, and will end upon the earlier occurrence of: (i) a single eligible Contestant remaining in the Contest or (ii) 12:00 a.m. PT on May 21, 2014, provided that, if at such time more than one (1) eligible Contestant remains in the Contest, a single winner will be determined pursuant to the procedure described below.
CONTEST PROCEDURE: MECHANICS.
(a) Each Contestant must maintain at least one (1) of his or her hands on the vehicle at all times during the Contest Period, except for break breaks expressly sanctioned by the Contest Director or as otherwise explicitly instructed by the Contest Director. A Contestant’s full hand (both palm and fingers) must be entirely flush against the Vehicle; failure to maintain complete contact between the Vehicle and the underside of Contestant’s hand at all times during the Contest Period will result in the disqualification of Contestant (as determined by the Contest Director). In order to switch hands the opposite gloved hand must be place on the car before the first hand is removed. Determination as to whether a Contestant has maintained the requisite hand contact with the Vehicle will be made by Contest Director in its sole discretion.
(b) There will be at least one five (5) minute break ever hour on the hour starting at 1:00 pm ON MAY 17, 2014. There will be at least one fifteen (15) minute break every six (6) hours on the hour starting at 6:00 pm on May 17, 2014. When the fifteen (15) minute breaks begin at 6:00 pm there will no longer be any five (5) minute breaks. ANY CONTESTANT WHO FAILS TO RETURN TO THE VEHICLE BY THE END OF A BREAK PERIOD WILL BE DISQUALIFIED.
(c) Aside from sanctioned breaks the Contestants must keep one of their hands on the vehicle at all times. The Contest Director will be charged with keeping the official time of the Contest, including administration of the scheduled breaks. Contest Director may, in his or her discretion, allow for more or less sanctioned breaks. Pursuant to a Contestant’s disclosure of his or her need for prescription medication during the Contest, Contest Director will arrange for the administration of any such required prescription medications, which may require the granting of additional breaks to individual Contestants.
(d) The Contest will be contained in a delineated area around the Vehicle (the “Contest Area”). During the Contest Period, all Contestants must stay in the Contest Area, including during any break periods, except as may be authorized by the Contest Director. The Contest Area will include lavatories, food, and beverages for use/consumption by Contestants. ANY CONTESTANT WHO LEAVES THE CONTEST AREA DURING THE CONTEST WITHOUT THE EXPRESS PERMISSION TO DO SO FROM THE CONTEST DIRECTOR (WHICH PERMISSION MAY BE WITHHELD FOR ANY REASON) WILL BE IMMEDIATELY DISQUALIFIED FROM THE CONTEST.
(e) At least one (1) emergency medical technician (“EMT”) will be on-hand throughout the Contest. Each Contestant expressly agrees that the EMT(s) may, without further consent by the Contestant, administer medical care to the Contestant as the EMT deems appropriate in his or her sole discretion, irrespective of whether the administration of such treatment results in the disqualification of such Contestant from the Contest. By participating in the Contest, each Contestant consents to the receipt of medical care for the EMT.
(f) Contestants may not consume any alcohol, take any stimulants or ingest any illegal or performing enhancing drugs or other items the Contest Director deems unsuitable during the Contest, nor may Contestants take any medication other than those prescription medications the need for which such Contestant disclosed to Contest Director at check-in.
(g) Throughout the Contest, authorized persons will be permitted to attempt to engage or interact with the Contestants in an effort to trick a Contestant into removing his or her hand from the Vehicle (and thus being disqualified from the Contest). Part of the challenge of the Contest is for Contestants to avoid these tricks. Such authorized parties will not attempt to physically remove Contestant from contact with the Vehicle.
(h) Contestants must at all times maintain both feet on the ground and may not lean, sit or place any of their weight onto the Vehicle.
(i) Contestants shall not sleep while standing with their hand on the vehicle.
(j) Contestant agrees to observe and abide any other rules regarding operation of the Contest that are presented to Contestant by Sponsor or Contest Director before or during the Contest.
(k) Any Contestant can remove themselves from the Contest at any time by removing their hand from the vehicle or failing to return to the vehicle at the end of one of the sanctioned breaks.
(l) All Contestants are responsible for their own health and safety during the Contest.
(m) The Winner of the Contest must submit to a drug test if requested.
CONTEST PROCEDURE: PROHIBITED CONDUCT. In addition to being disqualified for failure to maintain hand contact with the Vehicle or returning on time from a sanctioned break, Contestants will be immediately disqualified from the Contest if Contest Director, in its sole and absolute discretion, determines or suspects that:
(a) Contestant is acting or has acted in an abusive, threatening, harassing, or otherwise inappropriate manner toward Contest Director, any other party participating in the administration of the Contest, any other Contestant, or any member of the public in attendance at the Contest;
(b) Contestant exited the Contest Area for any reason at any time during the Contest without the Contest Director’s express permission;
(c) Contestant failed to comply with these Official Rules or any other instructions of Contest Director; or
(d) Contestant’s continued participation in the Contest reasonably may expose Contestant or others to harm, injury or death.
CONTEST PROCEDURE: DETERMINATION OF WINNER. The winner of the Contest will be the final remaining Contestant to have his or her hand on the Vehicle. Any disputes as to which Contestant’s hand remained touching the Vehicle the longest will be determined by Contest Director in his sole discretion. In the event that more than one (1) Contestant remains in contact with the Vehicle at the end of the Contest Period, a random drawing will be conducted by Sponsor among the remaining Contestants to determine the First (1st) Prize winner. If more than two Contestants remain, the first Contestant’s name drawn will be considered the next person out of the Contest with the last name drawn being the First (1st) Place winner. All decisions of the Sponsor in connection with the Contest are final.
PRIZE & APPROXIMATE RETAIL VALUE (“ARV”):
There are five (5) prizes available to be won (each, a “Prize”) in the Contest. The first (1st) place prize, also known as the Grand Prize, shall be one (1) 1985 Volvo 240 DL and a Ten Thousand Dollar (USD $10,000) gift card to Sponsor’s online store; the second (2nd) place prize shall be a Five Thousand Dollar (USD $5,000) gift card to Sponsor’s online store; the third (3rd) place prize shall be a Two Thousand Five Hundred Dollar (USD $2,500) gift card to Sponsor’s online store; the fourth (4th) place prize shall be a One Thousand Dollar (USD $1,000) gift card to Sponsor’s online store; and the Fifth (5th) place prize shall also be a One Thousand Dollar (“$1,000) gift card to Sponsor’s online store. Sponsor’s online store is located at www.nastygal.com.
The Vehicle awarded to the First (1st) place Winner is a used car (not new) and has been customized to include Nasty Gal branding. The ARV of the Vehicle is $4,500, exclusive of tax, title, and license charges. The total approximate retail value of the Prizes in the aggregate is USD $24,000. For the purpose of determination of each Prize’s value (or any part thereof, or the aggregate of all Prizes) is not transferrable by a winner. Each Prize (or any part thereof) must be accepted as awarded with no substitution (in cash, in kind, or otherwise) except at Sponsor’s sole discretion. Sponsor reserves the right to substitute any Prize (or any part thereof) for an item (including cash) of equivalent or greater value if for any reason, in Sponsor’s discretion, any Prize (or any part thereof) cannot, or without hardship cannot, be awarded as described in these Rules. Any and all taxes (including, without limitation, income taxes) and all other costs and expenses arising from or relating to a Prize (or any substitution) or its delivery, transfer, receipt, acceptance, possession, use or disposition is solely the responsibility of each Prize winner.
THE VEHICLE AWARDED TO THE FIRST (1ST) PLACE WINNER IS PROVIDED ON AN AS-IS BASIS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. NEITHER SPONSOR, ANY OTHER RELEASED PARTY, NOR ANY OTHER PARTY ASSOCIATED WITH THE CREATION, ADMINISTRATION, ADVERTISING, OR EXECUTION OF THIS PROMOTION OR THE MANUFACTURE, REFURBISHMENT, CUSTOMIZATION, OR DISTRIBUTION OF THE VEHICLE, NOR ANY OF THEIR RESPECTIVE AFFILIATES, PARENTS, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS MAKES ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, IN LAW OR IN FACT, RELATIVE TO THE USE OR ENJOYMENT OF THE VEHICLE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MECHANICAL CONDITION, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. Without limiting the foregoing, the Released Parties will have no responsibility for and will not repair any damage to Vehicle resulting from its use in the Contest. Prior to accepting delivery of the Vehicle, winner may, in Sponsor’s sole discretion, be required to complete, sign, have notarized (if applicable), and provide to Sponsor an Affidavit of Eligibility and Liability/Publicity Release, applicable tax documents, and proof, to Sponsor’s reasonable satisfaction, of a valid automobile insurance policy that covers winner’s use of the Vehicle and that satisfies the minimum liability requirements for California drivers (collectively, the “Prize Winner Documents”). Any or all of the Prize Winner Documents may require winner to provide his or her Social Security Number and all Prize Winner Documents are subject to verification by Sponsor before the Vehicle will be delivered. Following Contest, the Vehicle will be housed by Sponsor at a Sponsor- selected facility in or around Los Angeles, CA. Winner must accept delivery of the Vehicle from such Sponsor-selected facility within sixty (60) days of completion of the Contest, subject to Sponsor’s verification of the Prize Winner Documents, at which time title to the Vehicle will be transferred from Sponsor’s agent to the winner. If winner fails to accept delivery of the Vehicle within this period, winner will forfeit his or her claim to the Vehicle and the Released Parties will have no further liability to winner. Winner is responsible for transportation and all associated costs to take delivery of the Vehicle.
ADDITIONAL PRIZE DETAILS AND RESTRICTIONS: All prize details not specified in these Official Rules will be determined in Sponsor’s sole discretion. The Released Parties are not responsible for, and the First Prize (1st) winner will not receive, the difference between the actual value of the Vehicle at the time of award and the stated ARV in these Official Rules or in any Promotion-related correspondence or materials. Winner must abide by, and is subject to, any and all minimum/maximum height, weight and health-related or safety-related requirements or restrictions that may affect accessibility to and/or use of the Vehicle. If Sponsor determines at any time in its sole discretion that the winner is disqualified, ineligible, or in violation of these Official Rules, Sponsor reserves the right in its sole discretion to select an alternate winner, even if the disqualified winner’s name may have been shown or announced. No transfers, prize substitutions, or cash redemptions will be made, except at Sponsor’s sole discretion. All federal, state, or other tax liabilities (including income taxes) arising from this Promotion and all other costs and expenses associated with prize acceptance (e.g., title and license fees) and not specified in these Official Rules as being part of a prize, including, without limitation, title and registration fees for the Vehicle, will be the sole responsibility of the winner. Winners may be issued a 1099 tax form for the actual value of their Prize(s). No more than the stated prize will be awarded. The Released Parties will not replace any lost, mutilated or stolen prizes or prize elements.
LIMITATION ON LIABILITY: EACH ENTRANT AGREES TO RELEASE, DISCHARGE, HOLD HARMLESS AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, DAMAGES, DISABILITY, ATTORNEYS' FEES, AND COSTS OF LITIGATION AND SETTLEMENT, AS WELL AS ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE USE, ACCEPTANCE, POSSESSION, MISUSE OR AWARDING OF THE PRIZE, WHILE PREPARING FOR, PARTICIPATING IN AND/OR TRAVELING TO OR FROM THE CONTEST OR ANY PRIZE- OR PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, DEATH, LOSS, OR ACCIDENT TO PERSON OR PROPERTY. WINNER AGREES THAT THE PRIZE WON IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: The Released Parties are not liable to winners, an entrant, a Contestant or any person claiming through such winner, Contestant or entrant for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist act, terrorist act, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor's sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: lost, late, incomplete, misdirected, stolen, garbled or illegible entries; address changes of entrants or entries not received in accordance with these Official Rules; errors, typos or misprints in these Official Rules, in any Promotion-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Promotion; unauthorized human and/or mechanical intervention in any part of the Sweepstakes entry process or the Promotion; technical or human error which may occur in the administration of the Promotion or the processing of entries; or any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in any aspect of the Promotion or receipt or use of the Vehicle. Sponsor reserves the right, in its sole discretion, to cancel, modify, or suspend all or any part of the Promotion if it becomes incapable of operating as planned for any reason, or if any causes beyond the reasonable control of Sponsor corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes or the Contest, and, if the Contest has commenced, award the prize from eligible Contestants participating in the Contest prior to cancellation, modification, or suspension. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Promotion, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse, threaten, or harass any other person. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Participants agree to not damage or cause interruption of the Promotion and/or prevent others from participating in the Sweepstakes, Contest, or any other aspect of the Promotion. Sponsor reserves the right, in its sole discretion, to void the entry of any entrant who Sponsor believes has attempted to tamper with or impair the administration, security, fairness or proper play of this Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO ALTER OR DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW/GENERAL: This Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of California, without reference to its conflicts of laws principles. Any legal actions, suits or proceedings related to this Promotion (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Los Angeles County, California. By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (1) TO ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF LOS ANGELES, CA, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THE PROMOTION; (2) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (3) that the decisions of the Sponsor are final and binding on all matters relating to the Promotion, including interpretation of these Official Rules, administration of the Sweepstakes and Contest, and awarding of the prize; (4) to the use of his/her name, voice, likeness, biographical data, and/or information contained in his/her entry for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsor, its promotional partners, and third-party marketing entities, without additional compensation, review, or approval, except where prohibited by law (but nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve such use); (5) that any and all disputes between the entrant and any Released Party, including, without limitation, any claims and causes of action arising out of or connected with this Promotion, the prize awarded, or the determination of the winner, shall be resolved individually, without resort to any form of class action; and (6) that in the event of any dispute between the entrant and any Released Party: (a) the entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars ($10); (b) entrant further waives all rights to have damages multiplied or otherwise increased; and (c) entrant’s remedies are limited to a claim for money damages (if any) and entrant irrevocably waives any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PROVISION (6) ABOVE MAY NOT APPLY TO ALL ENTRANTS.
If any provision of these Official Rules shall be held unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms, as if the invalid or illegal provision were not contained herein. Sponsor's failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, it will be resolved in Sponsor’s sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNERS LIST.
Information collected in connection with the Contest will be used in accordance with these Official Rules.
SPONSOR: NASTY GAL INC., 523 W. 6th Street, Suite 330, Los Angeles, CA 90014.