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Couture Challenge Terms and Conditions


October 12, 2009



The following promotion (the “Promotion”) is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the Official Rules below.

1. ELIGIBILITY: Open to legal residents of the 50 United States and the District of Columbia, who are physically located and residing therein, and who are greater than 15 years of age. Void in Puerto Rico, all U.S. territories and possessions and where prohibited by law. Entries must be from individuals only; groups, organizations and multiple-party entries are not eligible. This promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Entrant must have Internet access in order to enter the Promotion. Each Entrant must be the rightful owner (or have authorized use) of the e-mail address identified in the Entrant’s entry. Employees of Affinity Labs Inc. (“Sponsor”) and FastWeb, LLC, their parents, affiliates, subsidiaries, advertising, promotion and fulfillment agencies and members of the immediate family or household of each are not eligible. Immediate family members include parents, siblings or any person residing in the same household as employee.

2. ENTRY: A complete entry consists of (1) registration at the Sponsor’s Website located at and (2) logging on to the Promotion page located at and following the on-screen instructions to submit a fashion design portfolio (the “Portfolio”). The Portfolio must not include more than 10 images. Promotion begins June 23, 2009 at 12:00 a.m. (EST). Submitting of Portfolio entries ends on July 25, 2009 at 11:59 a.m. (EST). Limit of one Portfolio entry per person for the duration of the Promotion. Further restrictions on submissions may be indicated on the entry directions. Each Portfolio entry will be posted at the web site, Sponsor reserves the right to post or not post any videos, and reject any entries/videos, for any reason, in its sole discretion. No responsibility is assumed by Sponsor for lost, late, misdirected, illegible, incomplete, stolen, or mutilated entries or for any computer, online, telephone or technical malfunctions that may occur. All entries become the property of the Sponsor and will not be returned.

3. PRIZES/ODDS: One (1) grand prize winners of the ArtBistro’s Couture Challenge will receive a $300 Cash Prize. Total ARV of all prizes: $300. Odds of winning the ArtBistro’s Couture Challenge depends on the number of eligible entries and votes received. ALL FEDERAL, STATE AND LOCAL TAXES, AND ANY OTHER COSTS AND EXPENSES, ASSOCIATED WITH THE RECEIPT OR USE OF THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. Prizes not transferable, except at discretion of Sponsor. Prizes awarded WITHOUT WARRANTY OF ANY KIND, express or implied, without limitation. Any prize won by an eligible minor will be awarded in the name of a parent or legal guardian. If winner chooses not to accept the prize, an alternate winner will be chosen.

4. SELECTION OF WINNER: On or about July 30, 2009, fifteen (15) finalists will be selected by Sponsor’s Editor. The finalist pool will be chosen by the following criteria: i) creativity and quality of fashion design samples; and ii) cohesiveness and quality of the Portfolio. All decisions made by Sponsor’s Editor shall be final. The top three winning entries, including the grand prize winner, will be selected from among the fifteen finalists by user voting, but Sponsor reserves the right to select a winner from among all eligible submissions received, regardless of the outcome of the vote. In the event of a tie, Sponsor reserves the right to select a winner. User voting will occur between July 30, 2009 and August 7, 2009 (the “Judging Period”). The potential winner will be notified by email, telephone, overnight carrier or regular mail within approximately ten (10) days of the close of the Judging Period. If Sponsors are unable to contact the potential winners after reasonable effort, or if the potential winners fail to respond within three days of first attempted notification, prize may be forfeited and awarded to an alternate winner.

5. INDIVIDUAL VOTING ONLY. Every vote must be manually keystroked and manually entered by the individual. Automated and/or repetitive electronic submission of votes (including but not limited to votes made using any script, macro, or bot) will be disqualified and transmissions from any related e-mail or IP addresses may be blocked. Sponsor may reject any vote it believes is the result of fraud or were submitted in violation of the official rules.

6. WINNER NOTIFICATION: The potential winners will be notified by e-mail, telephone, or regular mail within approximately three (3) days of identification. Return of any prize or prize notification as undeliverable, if Sponsor is unable to contact the potential winner after reasonable effort, or failure of potential winner to respond within three days of first attempted notification, will result in forfeiture of prize and selection of an alternate winner. Sponsor reserves the right to disqualify any potential winner who fails to comply with these Official Rules and Sponsor’s requests, and award the prize to an alternate winner.

7. GENERAL: The potential winner may be required to sign and return an Affidavit of Eligibility, a Liability Release, and, where legal, a Publicity Release, within ten (10) days of first attempted notification. If winner is a minor, minor’s parent or legal guardian must execute these documents. In the event of noncompliance, the potential winner may be disqualified and an alternate winner selected, at Sponsor’s sole discretion. By entering, participants (a) agree to be bound by the Official Rules and the decisions of the Sponsor which are final and binding in all respects; (b) agree to release Sponsor, and its employees and agents from any and all liability, loss, damage or injury resulting from participation in this Promotion or awarding, receipt, possession use and/or misuse of any prize awarded herein and acknowledge that Sponsor and its employees and agents have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and © consent to use of his/her name, photograph and/or likeness for advertising and promotional purposes in connection with this Promotion without additional compensation, unless prohibited by law.

8. INTELLECTUAL PROPERTY: All submissions to the ArtBistro’s Couture Challenge must be original works. By submitting an entry, you represent and agree that your submission will not infringe upon the intellectual property rights of any third party. All submissions and all information contained therein, including the copyright and all other intellectual property rights, become the property of Sponsor and will not be acknowledged or returned. By submitting a submission, you irrevocably assign to Sponsor all right, title, and interest in your submission in any and all media whether now known or hereafter devised, in perpetuity, anywhere in the world, with the right to make any and all uses thereof, including, without limitation, for purposes of advertising or trade. The rights granted under this paragraph shall extend to all submissions and all other submitted materials related to the Promotion, including those submitted by non-winners and winners. By submitting a submission, you grant to Sponsor and its affiliated companies, the right, except where prohibited by law, to use your name, likeness, picture, address (city and state), e-mail address, voice, biographical information and written or oral statements, for advertising and promotional purposes in promoting or publicizing Sponsor and its products or services, without compensation unless required by law. You shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based on invasion of privacy, defamation, or right of publicity) arising out of any use, blurring, alteration, or use in composite form of your name, picture, likeness, address (city and state), email address, biographical information, or entry. The rights granted under this paragraph shall extend to Sponsor and its affiliated companies with respect to all entrants in the Promotion, including non-winners and winners.

9. INTERNET: Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Promotion should a virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the Promotion. In such event, the prize will be awarded by Sponsor from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Sponsor is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, electronic equipment, computer hardware, software or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; or for any other technical problems related to web site entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries in the Promotion. CAUTION: ANY ATTEMPT BY A PERSON TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.

10. DISPUTES: This Promotion is governed by the laws of the United States and the State of New York, without respect to conflict of law doctrines. As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.

11. WINNER INFORMATION: For a copy of the winners list or an additional copy of these Official Rules, send a self-addressed, stamped envelope by July 24,, 2009 to ArtBistro’s Couture Challenge c/o Affinity Labs Inc, 799 Market Street, Suite 500, San Francisco, CA 94103. Please specify “Rules Request” or “Winners List Request”.

12. SPONSOR: The sponsor of this promotion is Affinity Labs Inc, 799 Market Street, Suite 500, San Francisco, CA 94103. Affinity Labs Inc is a Monster company.

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