DKNY BReak THe Rules


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TITLE: DKNY BReak THe Rules
PRIZE: Image
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DEADLINE:
18 September 2009, 12pm +8 GMT and ends 16 October 2009, 12pm +8 GMT
WEBSITE/URL: http://www.dknyjeansintl.com/breaktherules/index.aspx

DESCRIPTION:
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Contest & Weekly Voter’s Draw Rules

1. Terms and Conditions
These terms and conditions (“Terms and Conditions”) apply to the global online contest (the “Contest”) organized by DKNY JEANS and Club 21 Pte Ltd (the “Organizers”).
(b) By participating in the Contest, you are deemed to have agreed to be bound by these Terms and Conditions as well as any other rules as may be declared by the Organizers, including conditions contained in subsequent Contest announcements, such conditions deemed to be incorporated into these Terms and Conditions.
2. Eligibility
The Contest is open to participants (except those stated in paragraph 2(d)) from all countries, but all participants, voters and winners must be at least 18 years of age, unless otherwise stated by the Organizers.
No purchase or payment of any consideration is necessary to enter the Contest.
Photographs and images submitted for the Contest (the “Images”) can be of yourself, friends or family members that is personally taken by you, is an original creation by you and of which you own the copyright.
Employees (including immediate family of such employees) who are employed at any time during the qualifying periods of the Contest and Weekly Voter’s Draw) within the Organizers’ group of companies and their affiliated companies and all personnel from the appointed agencies and partners for the Contest are not eligible to participate in the Contest.
Images must not contain content:
where any persons are depicted to have taken excessive risks;
that is inappropriate, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous;
that promotes racism or hatred against any group or individual or that promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or
that is unlawful, in violation of or contrary to the laws or regulations in the jurisdiction where the Images was created / captured, produced or edited, as well as the laws and regulations of Singapore.
The Organizers have the sole and absolute discretion to determine each participant’s eligibility to participate in the Contest, including the right to disqualify any participant’s entry or reject any entries submitted by any participants without furnishing any reason for doing so.
3. Entry Period
The Contest begins 18 September 2009, 12pm +8 GMT and ends 16 October 2009, 12pm +8 GMT. All entries must be received within this time period to be eligible for the Contest. The Organizers reserve the right to modify the deadline for submissions.
Participants must send entries in such form and manner as set out in the Contest announcements.
Entries received after the deadline referred to in paragraph 3(a) above are not eligible and will not qualify for the Contest. The Organizers will not be responsible for and will not consider incomplete or incorrect entries. The Organizers are not responsible for entries that are or may have been sent or submitted but not received by the Organizers for any reason.
4. Conducting Of Draws and Winner Selection
Voters are allowed 10 votes every 24 hours. Each vote will increase voter’s chance of winning in the Voter’s Draw.
The Weekly Voter’s Draw will be conducted via a computerized lucky draw system.
The Organizers will collate full information relating to the votes and select the winners based on such information. The Organizers’ records of such information shall be final and conclusive. The Organizers will not entertain any requests for verification of its records of such information. The Organizers will also not be liable for any error or omission in the collating of such information and in the selection of the winners.
The first Weekly Voter’s Draw will be conducted on 25 September 2009 from the pool of voters who have voted for the week only. Results will be announced by 28 September 2009.
The second Weekly Voter’s Draw will be conducted on 02 October 2009 from the pool of voters who have voted for the week only. Results will be announced by 05 October 2009.
The third Weekly Voter’s Draw will be conducted on 09 October 2009 from the pool of voters who have voted for the week only. Results will be announced by 12 October 2009.
The fourth Weekly Voter’s Draw will be conducted on 16 October 2009 from the pool of voters who have voted for the week only. Results will be announced by 19 October 2009.
All dates are based on +8 GMT timezone.
5. Prize Winner Selection & Notification
There will be 3 prizes given out to entries with the top 3 most number of votes. Participants may submit more than one entry, but any participant may only win one of the prizes. Participants will not be allowed to vote for themselves.
All winners will be notified via email at the email address provided at time of submission of each entry. If the winner fails, neglects and/or refuses to respond to the notification within 30 business days, he/she shall be deemed to have forfeited the prize and another winner will be chosen by the Organizers.
The Organizers will require the winner to provide a valid first and last name for prize verification. The Organizers reserves the right to request the winner to produce such forms of identification as the Organizers shall deem necessary, including by way of a statutory declaration or any form of a sworn document and other proof of eligibility as a condition of receipt of the prize or award.
For the avoidance of doubt, the Organizers’ decisions on all matters relating to the Contest and the winners shall be final, conclusive and binding on all winners and no correspondence on these matters will be entertained.
Winners may not request substitutions of prize winnings. All winners are solely responsible for any and all taxes and/or fees as well as all additional costs that may be incurred.
6. Publicity
It is a condition precedent for the participation in the Contest, which is hereby acknowledged by you, that all winners unequivocally consent to the public disclosure of your names, identification / passport number, photographs for purposes of publicity and commercial purposes, and to the use of such data for any future marketing activities by the Organizers without any payment or compensation thereof.
The Organizers reserve the right to interview and feature the winning entries on http://WWW.DKNYJEANS.COM/INTERNATIONAL
7. Intellectual Property Rights
You irrevocably and unconditionally grant to the Organizers a non-exclusive, perpetual, transferable, sub-licensable, royalty-free world-wide license and unfettered right to use, reproduce and exploit the Images (including commercial exploitation) in any mode, media platform or manner whatsoever (whether existing presently or invented in future) as the Organizers deem fit without reference to you.
The Organizers shall have no obligation to preserve, return, or otherwise make available to you or others any of such Images.
By submitting Images to the Organizers, you represent and warrant that the Images do not infringe any copyright, trademark, property rights, and rights of privacy of any person or other rights of any third party and that you have the full and unrestricted right to transfer the Images to the Organizers free and clear of any claims or encumbrances.
The Organizers may use, reproduce, display, transmit, publish, and otherwise make use of Images in any and all media, whether now known or hereinafter created throughout the world without compensation to you of any kind.
You acknowledge and agree that Images submitted by you will be made available by the Organizers for viewing, rating, reviewing, and commenting by the public. You acknowledge that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with Images that you submit to the Organizers. By submitting Images to the Organizers, you waive any privacy expectations that you may have with respect to the Images.
You hereby irrevocably waive all moral rights that you may have in the Images. You warrant that if any other party retains moral rights in the Images or any part thereof, such party has irrevocably waived all such moral rights.
8. Variation of Contest
The Organizers reserve the right in their sole and absolute discretion to alter any Contest rules at any time.
The Organizers reserve the right in their sole and absolute discretion to terminate the Contest at any time without prior notice.
9. Indemnity
Due to the nature of transactions over the Internet (even with the use of the security procedures that the Organizers may provide or stipulate from time to time), you acknowledge and accept the risks of the possibility of:
Unauthorized copying, recording or reading of or interference with your accessing of these web pages, the completion and submission of information as part of the Contest by third parties;
Loss of data or information that may occur due to any cause whatsoever, including any failure of the Organizers’ or your electronic, computer, microprocessor, recording or communication system, and you release the Organizers from any claim which you may have as a result of your assumption of such risks.
You agree to indemnify the Organizers, their affiliates, members, directors, officers and employees for all claims, damages, costs and expenses (including solicitors’ fees on a full indemnity basis) which the Organizers may suffer or incur due to or arising out of or in connection with:
Your breach of any of the provisions of these Terms and Conditions and/or local laws;
Your submission of the Images; and
Any action taken or omitted to be taken in good faith by the Organizers pursuant to your instructions, notice or request.
10. Exclusion of Liability
To the fullest extent permitted by the law, the Organizers (their agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal and other professional advisors) are not responsible for and shall not be liable for any injuries, losses, or damages of any kind arising out of or in connection with your participation in the Contest. Accordingly, you hereby release the Organizers (their agents, representatives, affiliates, subsidiaries, advertising, promotion and fulfillment agencies, and legal and other professional advisors) from all claims, losses, damages and/or liability in respect of any injuries, losses, or damages of any kind arising out of or in connection with the Contest.
To the maximum extent permitted by law, the Organizers and/or their affiliates shall not be liable to you in contract, tort or negligence or otherwise for any loss, damage, costs or expenses of any nature howsoever incurred or suffered by you, whether it be of a direct, indirect or inconsequential nature, including and without limitation, any economic loss or other loss, arising out of or in connection with the Contest.
11. Applicable Laws
The Weekly Voter’s Draw and its terms and conditions shall be governed by and construed in accordance with the laws of Singapore. By entering into the Weekly Voter’s Draw, you agree to submit to the non-exclusive jurisdiction of the Singapore Courts.
While reasonable efforts have been made to ensure that the Contest complies and will comply with the applicable laws of Singapore, participants must take the responsibility to ensure that their participation in the Contest does not contravene any laws applicable to them. Participants who are not permitted to participate in the Contest due to any laws applicable to them, are not eligible to claim the prizes.
These Terms and Conditions, the relationship between the Organizers and you, the interpretation of these Terms and Conditions (including any questions regarding its existence, validity and termination) and the performance by the Organizers and you of our respective obligations in these Terms and Conditions, shall be governed by, and construed in accordance with, the laws of Singapore.
The Contest is null and void in jurisdictions which prohibit such contests.
12. Other Provisions
The Organizers may modify these Terms and Conditions from time to time. Your continued use of the Contest web pages after such notice of modification of these Terms and Conditions has been published on the Contest web pages shall be deemed an agreement by you of these Terms and Conditions as modified.
No failure, delay, relaxation or indulgence on the part of the Organizers in exercising any power or right conferred upon it in these Terms and Conditions shall operate as a waiver of such power or right, nor shall any single exercise of any such power or right preclude any other or future exercise thereof, or the exercise of any other power or right under these Terms and Conditions.
If any provision of these Terms and Conditions is held or interpreted by any governmental authority or the Court to be illegal or invalid under present or future laws or regulations effective and applicable during the term of these Terms and Conditions, such provisions shall be fully separable and these Terms and Conditions shall be construed as if such illegal or invalid provision had never comprised a part of these Terms and Conditions and the remaining provisions of these Terms and Conditions shall remain in full force and effect and shall not be affected by the illegal or invalid provision or by its severance from these Terms and Conditions.
The Organizers shall not be liable whatsoever or be deemed to be in default for any delay or failure in performance under these Terms and Conditions resulting from acts beyond the control of the Organizers including without limitation acts of God, acts or regulations of any governmental or supra-national authority, war or national emergency, accident, fire, lightning, equipment failure, telecommunication line equipment failure, riot, strikes, lock-outs, industrial disputes (whether or not involving the Organizers’ employees) or epidemics or infectious diseases.
These Terms and Conditions embodies all the terms and conditions agreed between the Organizers and you as to the subject matter of these Terms and Conditions and supersedes and cancels in all respects all previous agreements and undertakings, if any, between the Organizers and you with respect to the subject matter hereof, whether such be written or oral.
Any communication in connection with these Terms and Conditions must be in writing and be delivered personally, or by post, facsimile or e-mail to the Organizers’ address as shown on the Contest web pages or your address as shown in your registration particulars or such other address as you may have notified to the Organizers. Proof of posting or dispatch of any notice or communication to a party shall be deemed to be proof of receipt:
In the case of a letter posted in Singapore, on the third working day after posting;
In the case of facsimile, when confirmed by an activity report indicating that the correct number of pages was sent to the correct facsimile number and that such facsimile message was well-received; and
In the case of e-mail to the Organizers where such e-mail has actually been received by a person designated by the Organizers to receive such message and such message is in a format readily decipherable by the Organizers’ message or information system.


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