Little Black Dress Contest (the "Contest")
No purchase Is Necessary To Enter To Win
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
These rules and conditions are the “Official Rules” controlling this Contest by I-Pay Global, Inc. (IPGI), d/b/a Zolushka® (“Sponsor”). Participants as instructed below (“Entrant(s)”), agree to be bound by these Official Rules and represent that they satisfy all eligibility requirements as provided herein.
Agreement To Official Rules:
Participation in the Contest constitutes Entrant’s full and unconditional agreement that Entrant is in compliance with and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
How to Enter:
Entrants, or the agency with whom they are registered (their “Administrator(s)”) on the Entrants’ behalves, may enter the Contest by emailing two high quality photos (the “Submission(s)”) directly to: firstname.lastname@example.org, as well as uploading the photos to the Entrant’s Website profile per the “Requirements of Submissions” section below. The Submissions must be emailed prior to the close of the “Submission Period” (defined immediately below).
The submission period for the Contest begins on 08:00:00 AM U.S., Eastern Standard Time (EST) on November 18, 2016, and runs through 03:59:59 PM U.S., Eastern Standard Time (EST) on December 2, 2016. (“Submission Period”). Sponsor’s computer will serve as the official time piece for the Contest.
Requirements for Submissions:
All Submissions must contain two (2) photos which must be submitted as stated below, as well as uploaded to the Entrant’s Website profile, which may be done any time prior to or during the Submission Period. However, the photos must not have previously been on an Entrant’s Website profile. For the avoidance of doubt, the Submission photos must not have been uploaded to Entrant’s Website profile prior to: November 18, 2016.
All Submissions must be Entrants’ own original, unpublished work, must not have won previous awards and not be previously entered in any other contest/sweepstakes or previously published in any other medium. Each Entrant represents and warrants that no other party has any right, title or interest in or to the Submission(s). Once submitted, an Entrant’s information and the Submission itself cannot be edited, revised or replaced. No Submission will be returned and all Submissions become the sole property of the Sponsor.
Submission file names must include an Entrant’s Zolushka.net ID number and username as well as Entrant’s Adminstrator’s name and city. For example: "123456_Zolushkalady_agency_kiev.jpg" is an acceptable file name.
Submissions must include (2) two photos. Photos must be in focus, well-lit, and at least 2100x3150 in size. Photos must feature the Entrants wearing a black club dress.
The only accepted photo formats are: .jpg, .gif, .png, .bmp. Photos may not contain any copyrighted images, logos, or be shot in locations that infringe on any third party’s rights.
Submissions must not contain any nudity, lewd or lascivious acts or material that is, in Sponsor’s sole judgment, inappropriate, indecent, obscene, hateful, defamatory, slanderous or libelous. Submissions must not contain material that promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on age, disability, gender, nationality, race, religion, or sexual orientation; and Submissions must not violate any laws in any applicable jurisdiction. Submissions that are incomplete, illegible, fraudulent or corrupted are void and will be declared ineligible. The Sponsor may disqualify any Submission that, in its sole discretion, Sponsor deems inappropriate. However, should Sponsor fail to disqualify any Submission that contains any of the aforementioned, the sole responsibility for the content of any Submission remains with the Entrant.
Determination of Winners:
Winners will be selected from two (2) rounds of voting. All eligible Submissions can be voted on in the first round of voting.
The first round of voting will begin at 01:00:00 PM EST on December 22, 2016, and end at 08:59:59 AM EST on January 3, 2017 (“First Round Voting Period”). Sponsor’s computer will serve as the official time piece for the First Round Voting Period. The twelve (12) Entrants with the highest number of votes received in the First Round Voting Period will be eligible to participate in the “Finalist Voting Period” (defined below). The twelve (12) Finalists will be announced on or about January 3, 2017.
The second round of voting will begin at 12:00:00 PM EST on January 3, 2017, and end at 03:59:59 PM EST on January 5, 2017 (“Finalist Voting Period”). Sponsor’s computer will serve as the official time piece for the Finalist Voting Period.
The highest number of votes received during the Finalist Voting Period will determine the Grand Prize winner and five (5) runner-up selections. The Grand Prize winner and five (5) Runner-Up winners will be announced on the Website on or about January 6, 2017.
Members can visit http://russianwomenblog.hotrussianbrides.com/LittleBlackDress/ and http://onlinedating.russianlovematch.com/LittleBlackDress/ to find all eligible Submissions and cast their votes on their favorites.
Members must have a valid Silver, Gold, or Platinum RussianLoveMatch.com or HotRussianBrides.com account in order to cast a vote. Members may only vote five (5) time(s) per day during each round of voting. Platinum Members are eligible to vote in early voting which will begin 72 hours before the First Round Voting Period. Sponsor reserves the right to exclude the votes of any Member who votes more than five (5) time(s) per day during either The First Round Voting Period and/or the Finalist Voting Period. Sponsor will not accept votes intended to subvert the voting process or those generated by script, macro, or other automated means. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including without limitation offering prizes or other inducements to Members.
Prizes and Odds:
Sponsor will give away prizes with an approximate total average retail value (“ARV”) of $500.00US consisting of (1) Grand Prize Pandora® Necklace & Pendant with an ARV of $150.00US, (2) Second Prizes Pandora® Ring each with an ARV of $100.00US, (3) Third Prizes Clinique® Body & Hair Care Set each with an ARV of $50.00US.
If the specified prize becomes unavailable, Sponsor or Administrator may substitute a prize of like or equal ARV.
Prizes will only be awarded to prize winners that fully comply with these Official Rules. Any applicable taxes on any prize are solely the responsibility of each winner. Prizes are non-assignable and non-transferable. All details and other restrictions of any prize not specified in these Official Rules will be determined by Sponsor in its sole discretion. All prizes claimed will be awarded.
Odds of winning depend on the number of qualifying Submissions received during the Submission Period. Each submission is eligible to win only one prize.
Pandora® and Clinique® are not sponsors of this Contest and are in no way responsible for the conduct or administration of the Contest.
Administrator of the Contest:
Each Entrant’s Administrator will be responsible for Winner Notification and Prize Allocation.
Prize winning Entrants will be notified by their Administrator. Sponsor will contact winning Entrants’ Administrator by email or phone. Notification is deemed to occur when the Sponsor clicks “SEND”. The winning Entrants can claim their respective prize by replying to their Administrator. Sponsor shall have no liability for any winning Entrant notification that is lost, intercepted or not received by any winning Entrant for any reason. If any winning Entrant does not respond within seven (7) days of notification, or if the prize notification is returned as unclaimed or undeliverable, or if the winning Entrant refuses to accept the prize, the winning Entrant will forfeit the prize and an alternate prize winning Entrant will be chosen, even if the original winner’s name has been publicly announced.
All winning Entrants will be required to sign and return a copy of an Affidavit of Eligibility which includes a Liability Waiver and Publicity Release and submit Photo Confirmation of prize receipt (collectively, “Prize Claim Documents”). The Prize Claim Documents must be completed, signed and return within seven (7) days of their receipt by the winning Entrant. After acknowledgement/acceptance of the prize(s) by winning Entrants’ Administrators, Sponsor will email the unsigned Prize Claim Documents as an attachment to an e-mail directed to the winning Entrants’ Administrators. Winning Entrants must return the signed Prize Claim Documents as an email attachment to their Administrator. Winning Entrants’ Administrators must forward the Prize Claim Documents to Sponsor within forty-eight (48) hours of receipt of same from winning Entrants. Administrators, who fail to supply proof of delivery of Contest prizes, will be ineligible to participate in any further Contest.
Third Party Rights:
Upon Sponsor’s request, each Entrant must be prepared to provide (within seven (7) calendar days of receipt of Sponsor’s request) a signed and valid release from all persons who appear in a Submission, and/or a signed and valid release from all actual persons (if the person is deceased, then from that person’s executor or other estate representative) whose animated/computer generated image and/or likeness is incorporated into a Submission and/or from the owner of any Third Party Rights that are incorporated into a Submission, authorizing the Sponsor, its affiliates and assigns, to use any images, locations and Third Party Rights and reproduce, distribute, display, and create derivative works of such images, locations and Third Party Rights, in perpetuity in any and all markets and media now or hereafter known, devised or discovered throughout the universe without compensation or other consideration to any party. Individuals under the legal age of 18, in their Country of residence, may not appear in any Submission. Completed release forms for all individuals appearing in any Submission must be submitted to Sponsor in accordance with these Official Rules or otherwise upon request. All Entrants agree to indemnify, defend and hold Sponsor harmless from and against any and all liability that may arise, directly or indirectly, from an Entrant’s: (1) violations of Third Party Rights; and/or (2) violations of or liability relating to other protected rights, including but not limited to liability for defamation, due to the use of any images, locations and Third Party Rights by an Entrant in a Submission.
Grants of Rights:
If any intellectual property rights included in a Submission are owned or controlled by an Entrant, Entrant grants to Sponsor, its affiliates and assigns, a perpetual, unlimited, non-exclusive, royalty-free, irrevocable license to reproduce, edit, adapt, stream, broadcast, store, copy, distribute, publicly display, transmit, perform, exhibit, exploit and create derivative works based on an Entrant’s intellectual property rights, in whole or in part, and copyrights therein, in any and all markets and media now or hereafter known, devised or discovered throughout the universe, in Sponsor’s sole discretion, without compensation or other consideration to Entrant or any other party. Entrant agrees to sign any and all legal forms deemed necessary by Sponsor to irrevocably assign, convey and transfer to Sponsor any and all right, title and interest in and to a Submission, including without limitation, all copyrights associated therewith, or that Sponsor may otherwise reasonably require in order to satisfy the purposes and intents of these Official Rules.
Intellectual Property Rights:
Sponsor grants Entrants a limited, non-exclusive, revocable license to use Sponsor’s brand names and trademarks for use in a Submission only. However, Entrants may not publish, display, or distribute any Submission using Sponsor’s brand names or trademarks in any medium now or hereafter known, devised or discovered anywhere in the universe without Sponsor’s express written consent.
Limited License and Release:
By participating, Entrants agree to be bound by these Official Rules including all eligibility requirements and the decisions of the Sponsor, which are final and binding. By accepting a prize each winning Entrant consents to the use of their name, image, likeness, photograph, and biographical material and any derivatives thereof for advertising, publicity, and promotional purposes by Sponsor, or party designated by the Sponsor, in any and all media now or hereafter devised, including but not limited to, any online announcements, print or broadcast media of any type whatsoever. This Limited License and Release is granted for perpetuity, throughout the universe without additional compensation, notification, or further permission by any winning Entrant whatsoever.
General Release and Limitations of Liability:
By participating in the Contest, all Entrants release Sponsor and Administrators and their respective affiliates, directors, officers, employees, representatives, and agencies from any liability whatsoever for any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Contest or with the redemption, acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, and losses related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation, or portrayal in false light).
All Contest Entrants further agree to release and indemnify and hold harmless Sponsor and Administrators from any and all claims that any commercial, advertising, presentation, web content or any derivatives thereof or any other material subsequently produced, presented, and/or prepared by or on behalf of Sponsor, infringe on any rights of any Entrant. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with above use.
Sponsor and Administrators are not responsible for problems Entrants may encounter in the downloading or uploading any Contest-related information to or from the Website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any electronic mail entry to be received by Sponsor and Administrators on account of technical problems, traffic, congestion on the internet or the web site, or any other technical problems related to Website entries including telecommunication miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an Entrant’s ability to participate in this Contest.
Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. IF SUCH AN ATTEMPT IS MADE, SPONSOR IN ITS SOLE DESCRETION MAY DISQUALIFY ANY CONTEST ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Sponsor and Administrators are not liable in the event that any portion of the Contest is cancelled due to an insufficient number of eligible Entrants, as determined by the Sponsor in its sole discretion, and/or weather, fire, strike, acts of war or terrorism, or any other condition or event beyond Sponsor’s control (a “Force Majeure Event”).
If any provisions of these Official Rules are determined by a court of competent jurisdiction to be invalid or unenforceable or illegal, then these rules shall be construed to remain in effect and be construed in accordance with their remaining terms as if the invalid or illegal provision were not contained herein.
The Official Rules of this Contest and all accompanying materials are copyright protected under U.S. Copyright Law. All Contest Entrants agree to be bound by these Official Rules. All Contest Entrants further agree to be bound by the decisions of the Sponsor. All such decisions by the Sponsor are final and binding in all respects and cannot be appealed. The Sponsor reserves the right, at its sole discretion, to change these rules or cancel the Contest at any time.
These Official Rules shall be deemed for all purposes to have been entered into in the State of Florida. Entrants agree they are subject to the jurisdiction of the State of Florida and waive any right to defense for lack of jurisdiction. Venue for any and all disputes between Entrants, Members, Administrators and Sponsor including, but not limited to, any claims for violation of any statute, contract, tort or common law, shall lie exclusively in Pinellas County, Florida or the United States District Court, Middle District of Florida, Tampa Division. Entrants, Members, Administrators and Sponsor agree to waive any claim for jury trial in any dispute between any parties. All issues relating to the Contest or these Official Rules, including any issues regarding construction, validity, interpretation or enforceability, or the rights and obligations of the Contest Entrants, Members, Administrators or Sponsor shall be governed by, construed under and enforced in accordance with the laws of the State of Florida without giving effect to any choice of law or conflict of law rules.
By participating in this Contest, each Entrant agrees that any and all disputes an Entrant may have with, or claims an Entrant may have against, the Sponsor relating to, arising out of or connected in any way with (i) the Contest, (ii) the awarding or redemption of any prize, and/or (iii) the determination of the scope or applicability of these Official Rules, will be resolved individually, without resort to class action litigation, and exclusively in the courts of the State of Florida. Further, each Entrant specifically agrees that any and all claims, judgments or other awards shall be limited to actual out-of-pocket expenses incurred by the claimant, including costs associated with entering this Contest, and expressly excluding any attorney fees incurred by claimant.
Winners Names and Official Rules:
To obtain a copy of these Official Rules and/or any legally-required winners list, send a self-addressed stamped envelope to: Little Black Dress C/O I-Pay Global, Inc., 1001 Brickell Bay Drive, 27th Floor, Miami, FL, Florida, United States, 33131.
Official Winners Affidavit of Eligibility, Publicity Release, and Liability Waiver
Affidavit of Eligibility:
If you are selected as a winning Entrant (hereinafter "Winner", also referred to below as "You”) of the Contest, You certify and represent that You meet the eligibility requirements and other requirements of the Contest and that You have read and agree to be bound by the “Official Rules” of the Contest. You further certify and represent that the decisions of the Sponsor are final, and that You have committed no fraud or deception in entering the Contest or claiming a Prize.
You understand that no transfer or Prize substitution is allowed, except at the Sponsor or Administrator’s discretion. You acknowledge and agree that You are responsible for the payment of any and all taxes associated with receiving the Prize.
YOU HEREBY COVENANT NOT TO SUE OR BRING ANY LAWSUIT NOR MAKE ANY CLAIM UNDER ANY THEORY AND HEREBY WAIVE AND RELEASE ALL RIGHTS AND CLAIMS YOU OR ANY PERSON CLAIMING THROUGH YOU MIGHT HAVE UNDER ANY THEORY WHATSOEVER AGAINST SPONSOR, ADMINISTRATORS AND/OR THEIR EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS ARISING FROM YOUR PARTICIPATION IN THE CONTEST OR IN CONNECTION WITH THE REDEMPTION, ACCEPTANCE, OWNERSHIP, OR USE OF THE PRIZE OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITIES. IN ADDITION, YOU HEREBY, FOR YOURSELF, YOUR HEIRS, EXECUTORS AND ADMINISTRATORS, WAIVE, RELEASE, DISCHARGE AND AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS SPONSOR, ADMINISTRATORS, AND/OR THEIR EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS FROM AND AGAINST ANY AND ALL LOSES, DAMAGES, COSTS, EXPENSES, RIGHTS, CLAIMS, DEMANDS, AND CAUSES OF ACTION WHATSOEVER THAT YOU, YOUR HEIRS, EXECUTORS AND/OR ADMINISTRATORS MAY HAVE AGAINST SPONSOR, ADMINISTRATORS AND/OR THEIR EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS FOR ANY MATTER, CAUSE OR THINGS WHATSOEVER, ARISING OUT OF YOUR PARTICIPATION IN THIS CONTEST, YOUR REDEMPTION, ACCEPTANCE AND/OR UTILIZATION OF THE PRIZE, AND YOUR TRAVELING TO AND FROM ANY LOCATION TO OBTAIN OR USE THE PRIZE, INCLUDING, WITHOUT LIMITATION, INJURIES, DEATH, DISABILITY, ATTORNEYS’ FEES, COSTS OF LITIGATION AND SETTLEMENT AS WELL AS DAMAGES OR LOSSES TO PERSONS AND/OR PROPERTY WHICH MAY BE SUSTAINED IN CONNECTION WITH THE REDEMPTION, RECEIPT, OWNERSHIP, USE OR MISUSE OF THE PRIZE OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITIES.
YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS YOU MAY HAVE WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, ON BEHALF OF YOURSELF, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OF SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR.”
YOU HEREBY AGREE THAT NEITHER SPONSOR, ADMINISTRATOR, NOR THEIR EMPLOYEES, DIRECTORS, AGENTS AND ASSIGNS HAS MADE OR ARE THEY IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANT AVAILABILITY, AND FITNESS FOR A PARTICULAR PURPOSE AND YOU ACCEPT YOUR PRIZE AS IS.
You further agree to defend, release, indemnify, and hold harmless Sponsor, Administrators, and their employees, directors, agents and assigns from and against any and all third party claims asserting that any commercial advertising, presentation, web content or any other material subsequently produced, presented, and/or prepared by or on behalf of the Sponsor (which utilizes, in whole or part, your winning Submission) infringes on any third party’s rights. Sponsor will not be required to pay any additional consideration or seek any additional approval in connection with Sponsor’s use of the winning Submission.
You agree to execute, acknowledge, and deliver any other documents necessary for Sponsor to carry out the rights You have granted herein.
You understand that You will forfeit the Prize if any material statements made by You during your participation in the Contest or any material information supplied by You in connection with the Contest are false and, in addition to other remedies that may be sought against You, You agree to pay all costs including, without limitation, attorneys’ fees associated with awarding the Prize (or the full value of that portion of the Prize You have used) if any such false statements are discovered after You have used all or a portion of the Prize.
Except where prohibited by law, You hereby grant full permission and consent to Sponsor and its affiliates to use your name, voice, picture, likeness, and biographical data and/or any other information contained within your participation in advertising, promotional and marketing material, without additional compensation, notification or approval. In addition, You consent to being photographed, filmed, taped, and/or interviewed about the Contest. In connection therewith, You grant full permission and consent to Sponsor and its affiliates to utilize any of the results from photographing, filming, taping, and/or interviewing in any and all media now known or hereafter devised for perpetuity throughout the universe without further compensation and HEREBY RELEASE SPONSOR AND THE SPONSOR AFFILIATES FROM ALL CLAIMS, ACTIONS, AND LIABILITY RELATED THERETO. You further acknowledge that certain of your personally identifying information disclosed to third parties at least required by law, including, without limitation, on a winners list to provide information to the applicable taxing authorities regarding the winning of the Prize.
You agree to provide photo confirmation that You have received the Prize per these Official Rules.
In the event of any contradiction or disagreement in the terms, provisions, intent and/or concepts between the English text and any translation of these Official Rules or Official Winners Affidavit of Eligibility, Publicity Release, and Liability Waiver, the English text shall take precedence and govern the Contest.
For a copy of the Official Rules go to:
I-Pay Global, Inc.
1001 Brickell Bay Drive, 27th Floor
Miami, Florida, 33131
LittleBlackDress_OfficialRulesFINAL.pdf (488.88 kb)