"Macy's & Clinton Kelly Make Over America"
OFFICIAL CONTEST RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS CONTEST. A purchase will not improve chances of winning.
CONSUMER DISCLOSURE
You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA, WHO ARE AT LEAST 18 YEARS OLD AS OF THE DATE OF THEIR ENTRY.
1. PROMOTION. The Macy's and Clinton Kelly Make Over America contest (the "Promotion") is sponsored by Macy's Merchandising Group, Inc. ("Sponsor"). By participating, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects. Promotion is comprised of the following two related contests:
National Contest is a single, nationwide search for one (1) winner. Entering only the National Contest does not constitute automatic entry into a Regional Contest.
Regional Contest is a series of fifteen (15) separately judged events, to be held on the dates and at the locations listed below, each for fifteen (15) regional winners for a total of two hundred and twenty-five (225) regional winners. Entry into the Regional Contest requires specifying one of the following specific geographic regions and constitutes automatic entry into the National Contest unless otherwise specified in the application:
1. Macy's at the Domain, Austin TX (casting closes 3/25/09; event on 5/2/09)
2. Macy's Southdale, Edina MN (casting closes 4/1/09; event on 5/9/09)
3. Macy's Burlington, Burlington MA (casting closes 4/8/09; event on 5/16/09)
4. Macy's at the Gardens, Palm Beach FL (casting closes 4/15/09; event on 5/23/09)
5. Macy's South Coast Plaza, Costa Mesa CA (casting closes 4/29/09; event on 6/6/09)
6. Macy's Northpoint, Alpharetta GA (casting closes 5/6/09; event on 6/13/09)
7. Macy's Cherry Creek, Denver CO (casting closes 5/13/09; event on 6/20/09)
8. Macy's Oak Park, Overland Park KS (casting closes 8/10/09; event on 9/19/09)
9. Macy's Cherry Hill, Cherry Hill NJ (casting closes 8/19/09; event on 9/26/09)
10. Macy's Garden State Plaza, Paramus NJ (casting closes 8/26/09; event on 10/3/09)
11. Macy's on State Street, Chicago IL (casting closes 9/2/09; event on 10/10/09)
12. Macy's Fashion Square, Scottsdale AZ (casting closes 9/9/09; event on 10/17/09)
13. Macy's Lakeside, Metairie LA (casting closes 9/16/09; event on 10/24/09)
14. Macy's Washington Square, Portland OR (casting closes 9/30/09; event on 11/7/09)
15. Macy's Stoneridge, Pleasanton CA (casting closes 10/7/09; event on 11/14/09)
2. PROMOTION PERIOD. Promotion begins at 12:01 AM ET on March 2, 2009 and ends at 11:59 p.m. ET on November 30, 2009, when all entries must be received (the "Promotion Period"). Sponsor's computer is the official time keeping device for this Promotion. Dates subject to change if conditions require. Notice to such effect will be posted online.
3. ELIGIBILITY. This contest (the "Promotion") is only open to legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry, except models who have ever been paid to appear on television or in any local or national publication and employees of the Sponsor and its affiliates (including all Macy's and Bloomingdale's subsidiaries), and such employees' immediate family members (i.e., parents, children, siblings, spouses), and/or those persons residing in the same household. Sponsor may conduct a background check on any entrant to confirm qualification before designating the entrant as a potential winner. The Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.
4. HOW TO ENTER. Visit www.macys.com/makeoveramerica during the Promotion Period and follow instructions to complete and submit entry form, which includes designating a Regional Contest or opting to enter only the National Contest. Each entrant must complete the online questionnaire and upload two (2) photographs (JPEG format, no larger than 750KB total). The online entry form requires a valid home address. P.O. Boxes are not permitted. All photographs must have been taken within the last six months. One photograph must be a full-length shot and the other a full face head shot. All entrants will be required to provide their name, email address, phone numbers, height, dress size and other information indicated as required in the application, which will also state that the entrant must be willing to have her hair restyled (cut/colored) if she is selected as a winner ("Submission"). By entering, each entrant represents and warrants that her entry is truthful and the photographs are accurate portraits that have not been "photoshopped" or altered or copied from others, and it does not violate the rights of any other person or entity. Entrants who are selected as potential winners must agree not to voluntarily make significant changes to their appearance before their makeovers, which would have the effect of changing the before/after nature of the event and the prize. Entrants are invited but not required to submit video that includes images of their appearance and would provide insight into their personality. Instructions on adding video elements to a submission will be available in the application materials. Limit: One entry per person and per e-mail address during the Promotion Period please. A procedure is provided for mail-in entry of material. See on-line application and instructions for details. All entrant information, including e-mail addresses, shall be subject to Sponsor's Privacy Policy (http://www.macys.com/service/start/safeshopping/privacy.jsp. Entry into any Regional Contest constitutes entry into the National Contest or participant may choose to enter only the National Contest.
5. WINNER SELECTION AND NOTIFICATION. Fifteen (15) potential winners will be chosen for each Regional Contest by Clinton Kelly and Sponsor executives and one (1) winner will be chosen for National Contest by Clinton Kelly. All entrants in the Regional Contest, including winners, who did not opt to not participate in the National Contest, are automatically entered into the National Contest. Winners will be selected based on pre-makeover appearance (50%) and makeover/telegenic potential (50%). Potential winners will be notified by mail and/or email. Potential winners will be required to comply with qualifying obligations described below and with these Official Rules in order to be designated as winners and receive prizes. If a potential winner cannot be contacted or does not respond within three (3) business days and/or does not comply with the requirements described below as "Qualifying Obligations" within a further two (2) business days, she will forfeit all rights to any prize, and an alternate may be selected. The Qualifying Obligations, which are provided with notification, consist of (i) an affidavit of eligibility and a liability/publicity/copyright release; and (ii) for the National Contest Winner and her travel companion, releases from any and all liability with respect to participation in such travel/activities and/or use of the prize, which the travel companion may sign and return within ten (10) days so long as the potential winner has signed and returned the foregoing within the requisite three (3) days. If affidavits and releases are not returned in a timely manner, prize will be rewarded to an alternate chosen on the same basis as the original potential winner. Failure to comply may result in potential winner forfeiting rights to any prize, and an alternate will be selected. All decisions of the judges are final and binding in all respects. National Contest winner must be available for travel to New York City and participation in the promotional events associated with the New York City visit (collectively, the "Appearances") for a period of approximately four (4) days, on not less than ten(10) days' notice, with such travel anticipated to be between January 1, 2010 and March 31, 2010. If a potential National Contest winner cannot commit to the above-mentioned time frame, or force majeure prevents timely travel to New York City, winner automatically forfeits all rights to any prize, and an alternate may be selected. All entrants are advised to monitor their email regularly in order to receive notices timely. Sponsor will not be responsible for any potential winner's failure to respond within the requisite timeframe.
8. OWNERSHIP AND LICENSE TO USE ENTRY MATERIALS AND ENTRANT IMAGES AND INFORMATION. All entry materials and recordings of winners created during the course of the Promotion become the sole property of Sponsor and will not be acknowledged or returned. Copyrights in photographs submitted shall remain in the original holder but submission shall constitute the grant of a license, without fee, which license shall be irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereinafter created, throughout the world, for the duration of the copyright in such copyrighted material, which license shall include the right to edit, adapt, and modify the material and to sublicense any and all of the forgoing rights. By entering and participating in the Promotion, each entrant, including all Winners, agree that Sponsor may use any and all images of such entrant, whether submitted or subsequently created, together with name and biographical information, all without further consent or compensation and that each winner expressly agrees that by entering she agrees that she is agreeing to permit a change to her hair style (cut and color), make-up and appearance and that from and after the date that she receives notice of her selection until after the end of her makeover and, in the case of the winner of the National Contest, until the end of the Appearances, she will not, without Sponsor's prior written approval, materially change her appearance in a manner that would affect the comparison with her pre-makeover photographs.
9. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. Any portion of the prize that is not used is forfeited. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
10. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, Clinton Kelly and any other person or entity involved in the Promotion or providing any prize with respect thereto, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, "Promotion Entities"), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, "Claims"). Except where prohibited: (i) entry and/or acceptance of a prize constitutes the consent of any participant, without further compensation, to use the name and likeness of such participant and his/her entry materials for editorial, advertising and publicity purposes by the Sponsor and/or others authorized by the Sponsor; and (ii) acceptance of a prize constitutes a release by any winner of the Promotion Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of his/her entry or any prize.
11. DISCLAIMERS. Any attempt by any entrant to enter more than once, whether by using multiple/different email addresses, identities, registrations and logins or by any other method will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration, the authorized account holder of the email address used to register will be deemed to be the registrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor's servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry or, at option of Sponsor, will be deemed disqualified. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort, whether or not constituting a failure of the website to operate for any portion of the Promotion Period Promotion Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. PROMOTION ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
12. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York and all disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
13. CONFIDENTIALITY. The winners agree to maintain the confidentiality of the identity of all potential winners and winners until the names are publicly released by Sponsor.
14. WINNER LIST. For the names of the winners, send a self-address stamped envelope to: Macy's Make Over America, PO Box 462, Prince Street Station, New York NY 10012. after November 30, 2009 and before January 30, 2010. (VT residents may omit return postage.)
15. SPONSORSHIP. This Promotion is sponsored by Macy's Merchandising Group, Inc., 11 Penn Plaza, New York, NY 10001.