Illuminate-Her Contest Terms and Conditions 2019

The SPANX® Illuminate-Her^® Artist Contest Official Rules

No purchase necessary to enter or win. A purchase will not improve the likelihood of winning.

1. ELIGIBILITY: The SPANX® Illuminate-Her® Artist Contest (“Contest”) is offered to women who are legal residents of the 50 United States, and the District of Columbia who have attained the age of 18 as of the date of entry. Void where prohibited by law. Employees, representatives, officers, and directors of Spanx, Inc. (“Sponsor”) and its parents, affiliates, subsidiaries, distributors, retailers, advertising and promotional agencies, prize suppliers, and the immediate families (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) of such persons or members of their households (whether related or not) are not eligible to enter or win. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.
2. PROMOTIONAL PERIOD: The Contest begins on September 16th, 2019, at 12:01 a.m. Eastern Time (ET) and ends on September 30th, 2019, 11:59 p.m. ET (the “Promotional Period”). All entries must be received during the Promotional Period. Entries received prior to or after the Promotional Period will be disqualified. Sponsor’s computer will be the official timekeeper for all matters related to the Contest.

1. CONTEST DESCRIPTION / HOW TO ENTER: No purchase necessary to enter or win. A purchase will not improve the likelihood of winning. To enter the Contest, register at www.spanx.com/illuminate-her-contest. During registration, you will be asked to: (1) provide your first name, last name, website address (if you have one), email address and Instagram handle on the entry form; (2) upload one (1 -3) pieces of your original artwork, in JPEG format (file must not be larger then 5 MB); and (3) agree to these Official Rules. LIMIT ONE ENTRY PER PERSON. Multiple Entries in the Contest will be disqualified. Entries may only be submitted by a single person or registered e-mail user; group entries are not permissible. In case of multiple entries received from any person or e-mail account, only the first entry received from such person or e-mail account will be considered. In the event of a dispute regarding the identity of the person submitting an entry, the entry will be deemed submitted by the person in whose name the identified e-mail account was registered.
   
   No responsibility is assumed by Sponsor for lost, late, misdirected, incomplete, illegible, mutilated, or corrupted entries; any human, computer, on-line, telephone, network, or technical malfunctions that may occur; e-mail service issues or downtime; or for any printing, typographical, or other errors in any materials associated with the Contest.
   
   Use of computer programs and/or other automated devices to enter the Contest is prohibited. Normal internet access and device usage charges imposed by your online service may apply.

1. SUBMISSION CRITERIA: Entrants will be judged on an original work of art created by the person submitting the work. All work must not previously have been submitted to another contest or promotion, or licensed or assigned to a third party. Photographical works will not be accepted. All entrants must submit artwork in JPEG format. File must be no larger than 5 MB. The file must be named with entrant's last and first name..The top 3 finalists will be asked to submit AI files.
   
   Entrants may not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless entrant is the owner of such rights or has permission from their rightful owner to post the material and to grant Sponsor all of the license rights in these Official Rules; (ii) submit falsehoods or misrepresentations that could damage Sponsor or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or (iv) impersonate another person.
   
   By submitting an entry, you warrant and represent to Sponsor that (1) the information contained in the entry is true and correct in all material respects and Sponsor may rely on such information in its efforts to comply with applicable laws and regulations; (2) you have all of the rights and authority necessary to submit the entry in the Contest in compliance with these Official Rules, including the right to contract in your own name, the right to publish the artwork, and the right to grant the rights granted hereunder; (3) the entry is in all respects free and clear of all claims and rights of third parties; (4) the entry is the original work of you, is owned by you, including the copyright therein; (5) the entry complies with the requirements set forth in these Official Rules; and (6) you have not made any commitment for the use or publication of the entry to any person or entity for any commercial purposes or otherwise made any commitment in a manner that would conflict with the rights and licenses granted to Sponsor as described in these Official Rules.
   
   Sponsor reserves the right to disqualify any entry that, in its sole discretion, violates any of these criteria.

1. SPONSOR’S USE OF ENTRIES: By submitting an entry, you grant Sponsor a perpetual, worldwide, royalty-free, sublicensable, and transferable right and license to use, reproduce, distribute, prepare derivative works of, publish, display, broadcast, and perform your entry (including the artwork, your name, picture, voice, likeness, or biographical information, if any, included in the entry) in any manner and through any media channels.
   
   Without limiting the foregoing license, the right and license granted to Sponsor includes the right of Sponsor to (1) post the entry on Sponsor’s social media pages and Sponsor’s website; (2) provide the entry to the judges; (3) use the entry to promote Sponsor’s SPANX® Illuminate-Her™ campaign and any future marketing campaigns or initiatives; (4) maintain the entry in Sponsor’s database for the purpose of keeping records of the Contest; (5) edit, modify, format, or adapt the entry for Sponsor’s own purposes and use such revised version to the same extent as the original entry; and (6) use the entry for advertising and promotional purposes. You also waive and release your moral rights in your entry and any rights of privacy and publicity in connection with the use of your name, picture, voice, likeness, or biographical information.
   
   Not with standing the foregoing, Sponsor is not obligated to use any of the entries, including, without limitation, the entry submitted by the winner.
   
   All copyrights and other intellectual property rights, other than the limited rights and licenses granted in these Official Rules, will remain with the entrant. However, Sponsor will require the Grand Prize Winner to execute an assignment agreement, transferring all right, title and interest in and to the artwork submitted to this Contest by the Grand Prize Winner, including all intellectual property rights in the submitted artwork, to Spanx, Inc.
   
   You understand and acknowledge that your entry may receive exposure on the Internet or other public forums, where the entry may be the subject of public comments. Sponsor is not responsible for any remarks, including any critical or derogatory remarks, posted by the public pertaining to you or your entry.

1. WINNER SELECTION PROCESS:
   
   Winner(s) will be selected from the eligible entries to the Contest.
   
   On or around the close of the Promotional Period, a panel of judges (the “Judges”) will use the following judging criteria to determine the Winner(s):
   • Up to 10 points – Social Media Presence
   • Up to 20 points – Commercial Appeal
   • Up to 30 points – Creativity and Originality
   • Up to 40 points - Brand Appropriateness
   The entrant(s) who received the highest score out of 100 possible points will be the Winner(s). The Winner(s) will be notified by email or telephone within approximately seven (7) business days following the close of judging and will be required to respond within 48 hours and provide to Sponsor their artwork in AI format. Failure to respond and return the artwork within the 48-hour period may result in the selected finalist being disqualified and an alternate finalist being selected.
   
   The finalist who has received the highest score out of 100 possible points based on the foregoing criteria will be the Grand Prize Winner.
   
   In the case of a tie, the three finalists or the Grand Prize Winner, as applicable, will be determined by the entry’s score in the Brand Appropriateness criterion. If a tie still exists, successive individual criteria will be used likewise, in order of their relative ratio to the overall score.
   
   The Grand Prize Winner will be notified by email or telephone within seven (7) business days of determination and will be required to respond within 48 hours (and provide the documentation requested by Sponsor) in order to claim the prize. Failure to respond and return the required documentation within the 48-hour period may result in the selected winner being disqualified and an alternate winner being selected.
   
   All decisions of Sponsor will be final and binding. The selected winner is subject to verification of eligibility and compliance with these Official Rules before being entitled to any prize.
   
   Sponsor reserves the right not to award a grand prize in the Contest if, in Sponsor’s sole discretion, it does not receive a sufficient number of eligible and qualified entries. In addition, Sponsor reserves the right not to award a grand prize in the Contest if, in Sponsor’s sole discretion, it does not receive any eligible and qualified entries.
   
   
2. PRIZES: GRAND PRIZE: A single Grand Prize Winner will receive: (1) $5,000; (2) 10 free pair of SPANX products with their original artwork. Approximate retail value: $6,100.
3. 
   
   The Grand Prize Winner will also receive exposure of artwork on www.spanx.com and at least one (1) social media post on a Spanx-owned social media channel, at Sponsor’s sole discretion. The amount, placement, timing and duration of such exposure shall be at Sponsor's sole discretion.
   
   All federal, state, local and any other applicable taxes are the sole responsibility of the prize recipients.
   
   No assignment, transfer, or substitutions of prize is permitted, except as provided herein or at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize (or portion thereof) of equal or greater value should the advertised prize (or portion thereof) become unavailable or for any other reason in Sponsor’s sole discretion. All federal, state, provincial, and local taxes on prizes, if any, are the responsibility of prize recipient.

1. GENERAL CONDITIONS: The selected winner must execute and return an Affidavit of Eligibility and Liability Release, which must include the winner’s social security number for tax reporting purposes, a copyright assignment for use of the artwork, and, where lawful, a Publicity Release within the time period set forth above. The selected winner may be disqualified, and, in such case, an alternate winner will be selected from among the remaining eligible entries if the selected winner (i) fails to meet the eligibility requirements, (ii) does not respond to notification of being a potential winner in the time period required herein or otherwise cannot be reached because the prize notification or prize is returned as non-deliverable, or (iii) fails to return required documents properly completed and/or in a timely manner.
   
   Where permitted by law, by accepting a prize, the winner grants to Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and otherwise use, worldwide in any media now known or hereafter developed, including the World Wide Web, at any time or times, the winner’s name, address (city and state/province), photo, image or likeness, and biographical information as news or information and for editorial, advertising, and publicity purposes, without further notice, compensation, permission, or approval. Further, by accepting the prize, winner agrees, and by entering the Contest, each entrant agrees, to release and hold harmless Sponsor and its parents, affiliates, subsidiaries, assigns, advertising and promotional agencies, and their respective directors, officers, employees, representatives, agents, and prize sponsors from any and all liability for any injuries, loss, or damage of any kind to person (including death) and/or property, arising in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of a prize, participation in any Contest-related activity, or participation in this Contest. Void where prohibited.
   
   Sponsor reserves the right, in its sole discretion, to disqualify any entrant found tampering with the entry process or with the operation of the Contest, to be acting in violation of these Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.

1. LIMITATIONS OF LIABILITY: Sponsor is not responsible for any incorrect or inaccurate information, whether caused by entrant or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error that may occur in the processing of entries in the Contest. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction. Sponsor is not responsible for injury or damage to entrants or caused by entrants or to entrants’ or any other person’s computer related to or resulting from participating in the Contest. If, for any reason, the Contest is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest and select the winner from entries received prior to the action taken. In no event will Sponsor or its parents, affiliates, subsidiaries, shareholders, advertising or promotional agencies, or their respective directors, officers, employees, representatives, or agents, or prize sponsors, be responsible or liable (1) for any damages or losses of any kind (including direct), in the aggregate, that exceed the aggregate value of all the prizes to be awarded or (2) for any indirect, incidental, consequential, or punitive damages or damages for lost profits, revenue, or opportunity, or for business interruption, in each case, arising out of the Contest or conduct of, or any entrant’s participation in, the Contest or out of any entrant’s access to and use of Sponsor’s Web site, or the downloading from and/or printing of material downloaded from such site. Without limiting the foregoing, everything on such site and any prize won is provided “as is” without warranty or condition of any kind, either express or implied, including the implied warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties and conditions, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
2. SEVERABILITY: If any one or more provisions of these Official Rules are held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such invalidity, illegality, or unenforceability will not affect the validity, effect, or enforcement of any other provision or provisions of these Official Rules.

1. PRIVACY/TERMS: By entering the Contest, entrants will be sharing their personal information with Sponsor. By entering, each entrant agrees to Sponsor’s use of entrant’s personal information for the purposes of this Contest (including the proper administration and fulfillment of this Contest), any other purpose outlined in these Official Rules, and any other purpose described in the Spanx Privacy Policy at https://www.spanx.com/our-privacy-policy/. In the event of a conflict between these Official Rules and the applicable Privacy Policy of Sponsor, to the extent it applies, these Official Rules will control.

1. GOVERNING LAW AND VENUE: The Contest is governed by, and these rules will be construed and interpreted pursuant to, the laws of the State of Georgia, United States, without regard to conflicts of law rules that may require the application of the laws of another jurisdiction. Furthermore, by entering this Contest, each entrant agrees that any and all disputes, claims, and causes of action arising out of or connected with this Contest, or any prizes awarded, will be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Georgia or the appropriate Georgia State Court located in Fulton County, Georgia, USA.

1. OFFICIAL RULES & WINNERS LIST: For a copy of the Official Rules, visit www.spanx.com/Illuminate-Her-Contest-Terms-and-Conditions-2019, or send a stamped, self-addressed envelope to: Illuminate-Her Contest Rules, Spanx, Inc., 3035 Peachtree Rd., Suite 200, Atlanta, Georgia, 30305. The name of the winner will be posted on Sponsor’s Web site at http://www.spanx.com following verification of the winner. In addition, the name of the winner may be obtained after December 1, 2019 by sending a self-addressed stamped envelope to: Illuminate-Her Winner, Spanx, Inc., 3035 Peachtree Rd., Suite 200, Atlanta, Georgia, 30305. All requests must be received before December 15, 2019.

1. SPONSOR:
   
   Spanx, Inc., 3035 Peachtree Rd., Suite 200, Atlanta, Georgia, 30305.