NO PURCHASE NECESSARY OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Ralph Lauren is seeking photograph submissions for a chance to win your dog’s breed to be offered as part of the Sponsor’s customizable dog POLO shirt program (the “Prize”). Persons from approximately 16 countries from around the world are invited to submit a photograph of their dog on their Instagram page for judging by a panel of judges in this skill-based event. One (1) dog breed will be selected based on the photograph that is submitted. By submitting a photograph for judging, you agree to these Terms and Conditions.
The New Breed of Polo Shirt: Polo Pup Contest (the “Contest”) is open to persons at least 18 years of age (or the age of majority in your place of residence if it is higher than 18) in the following countries: US, Canada (excluding Quebec), Austria, Belgium, Denmark, Finland, France, Germany, Greece, Ireland, Netherlands, Portugal, Spain, Sweden, Switzerland and UK, and who are not otherwise prohibited from entering the Contest pursuant to any applicable local law or custom in the person's country of residence. Employees, officers and directors of Ralph Lauren Corporation (“Sponsor”) and its respective parents, subsidiaries, affiliates, franchisees, advertising and promotion agencies, and anyone involved in the production or administration of the Contest (collectively, the “Promotion Entities”), and any member of the immediate family or household of any such persons, are not eligible.
Submissions may be made beginning at 12:00:01 a.m. Eastern Time (“ET”) on August 26, 2016, and ending at 11:59:59 p.m. ET on August 29, 2016 (the “Submission Period”).
How to Submit a Photograph for Judging:
During the Submission Period, post an original photograph of your dog on Instagram with the hashtag #PoloPupContest. Your photograph should be appropriate to the image and style of the Ralph Lauren brand. It is not necessary to include Ralph Lauren products in your photograph and doing so will not increase your chances of winning. You must have a public Instagram account. Accounts are free. Sponsor will then send you a message via the social platform on Instagram and you must respond to the message with #YesPoloPupContest in order to complete your entry.
No one other than your dog should appear in the photograph submission. If persons other than your dog appear in the photograph submission, you must ensure that they are all at least 18 years of age (or the age of majority in their place of residence if it is higher than 18) and that you have obtained their prior consent before submitting the photograph in this Contest.
If you (or other persons) are pictured in the photograph, you (and they, as applicable) should be dressed in clothing appropriate to the image/style of Sponsor, and not display any visible logo, name or other material identifying other companies, brands or persons.
Your photograph must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity.
Your photograph must comply with Instagram Terms and Conditions, as applicable, and any additional local restrictions.
Your photograph must not have been previously published, released or distributed in any form, or won any award.
Your photograph cannot contain trademarks, logos, or trade dress owned by third parties.
Your photograph cannot contain any forms of personal identification, such as personal names, e-mail addresses or street addresses.
Your photograph cannot contain copyrighted materials owned by third parties (including, without limitation, photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media).
Your photograph cannot contain material embodying the names, likenesses, voices, or other indicia identifying any celebrities and/or other public, living or dead.
Photographs that are lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, not in keeping with Sponsor’s image, that include dangerous or physically harmful acts or that otherwise contain inappropriate content or objectionable material as determined by Sponsor in its sole discretion or in accordance with any applicable local law or custom will be disqualified.
General Entry Conditions:
By entering the Contest, you agree that your photograph submission is an original work of authorship and you own all right, title and interest in the entry as the date of submission. In case persons appear in the photograph submission, you promise and confirm that the photograph does not infringe nor violate such persons’ rights and that you have obtained their prior permission to use their image (including in any advertising and promotional materials of Sponsor in connection with the Contest) before entering the Contest. You may submit as many photographs as you wish, but each must be different. In the event of a dispute over identity, the entrant will be deemed to be the authorized account holder of the e-mail account associated with the submitting Instagram account. “Authorized account holder” is the natural person assigned to an e-mail address by an Internet access provider, on-line service provider, or other organization (business, educational institution, etc.). Where a person submitting an entry has otherwise clearly intended to comply with these Terms and Conditions, Sponsor reserves the right (but not the obligation), in its discretion, to remove any incidental material from any photograph submission that could be deemed infringing where doing so would not materially alter the submission.
There is one (1) prize. The winner will receive (i) a five hundred dollar ($500) gift card (or the equivalent amount in the local currency of the winner’s country of residence); and (ii) the breed of dog that is featured in the winner’s photograph will be offered as part of the customizable dog polo shirt program. If the breed of dog that is featured in the winner’s photograph is mixed, the winner can chose which breed in the mix will be offered as part of the customizable dog polo shirt program. The approximate retail value of the prize is $500 (or the equivalent amount in the local currency of the winner’s country of residence). Some restrictions may apply. Winner will be responsible for all applicable federal, state and local taxes and other expenses not specifically stated herein. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right to substitute prize for one of equal or greater value.
Usage Rights in Photographs:
By submitting a photograph, you agree as follows: Sponsor and its designees shall have the unrestricted and non-exclusive, sub-licensable and transferable right to edit, adapt, publish, copy, display, perform, broadcast, modify, and otherwise use your photograph, throughout the world, alone or in combination with other material, in any and all media, whether now known or later discovered, in perpetuity (or the longest permissible period), without restriction of any kind whatsoever, without further consultation with or compensation to you or anyone else, including any acts that might otherwise be deemed a violation of moral rights (to the extent allowed by law).
Sponsor and its designees may use your name and likeness (and the name and likeness of other individuals pictured in the photograph), as shown in the photograph, in the manner described above, including for advertising, promotional and other purposes, throughout the world to the fullest extent allowed by law.
Without limiting the foregoing, and in addition to your original photograph posted to enter the Contest, one or more of your photograph submissions may become posted, in whole or in part, on Sponsor’s or Sponsor’s wholesale partners’ website(s) and/or in Sponsor’s social media channels, either before or after the end of the Submission Period. Any such posting is not an indication that a posted photograph has been selected or not selected as the winner of the Contest. Your photograph has not been selected as the winner of the Contest unless you receive official notification of such selection per the “Notification” section below.
If your photograph is selected as the winner of the Contest, you agree to sign additional documentation to assign or license all rights in your photograph as set out above to Sponsor and waive all moral rights, without additional compensation, to the fullest extent allowed by law in your jurisdiction of residence and if your photograph features individuals other than yourself, you will be required to also provide releases completed and signed by all such individuals (the "Documentation").
Judging/Selection of Photographs:
All eligible photograph submissions will be reviewed by a panel of judges based on the following criteria: (i) originality; (ii) creativity (i.e. filter, cropping, color); and (iii) appropriateness of photograph to image of Sponsor and the Polo Ralph Lauren brand. A maximum of one (1) photograph will be selected to win the Prize. The winner will be selected on or about August 30, 2016.
No later than August 30, 2016, the person whose photograph has been selected for the potential Prize will be notified by direct message on Instagram. Winner must respond within forty-eight (48) hours of prize notification or prize will be forfeited and awarded to an alternate winner. Such person may be required to provide (on his/her behalf and on behalf of any person appearing in the photograph) a signed affidavit of eligibility, publicity and liability release, along with the Documentation, within seven (7) days of notification. Failure to comply when requested may result in disqualification and selection of an alternate photograph submission. If any notification is returned as undeliverable, the intended recipient may be disqualified and an alternate photograph may be selected. If any person is found to be ineligible, or if he or she has not complied with these Terms and Conditions or declines to sign any required documents, such person will be disqualified and an alternate winner may be selected.
By submitting a photograph, you agree that, if your photograph is selected as a potential winner of the Contest, then (a) Sponsor may conduct a reasonable background check to confirm your eligibility and compliance with these Terms and Conditions; (b) you will cooperate reasonably with any such background check, (c) failure to cooperate may result in disqualification and selection of an alternate photograph, and (d) if the background check reveals that you have engaged in conduct that could damage the reputation or business of Sponsor, as determined by Sponsor in its reasonable discretion, you may be disqualified and an alternate photograph may be selected.
Release of Liability:
To the extent permissible under applicable law, by submitting a photograph, you agree to hold the Promotion Entities harmless for any injury or damage caused or claimed to be caused, in whole or in part, directly or indirectly, by participating in the Contest. To the extent permissible under the applicable law, the Promotion Entities are not responsible for lost, late, misdirected, delayed, inaccurate, illegible, garbled, stolen or incomplete photograph submissions, or for any unavailability or malfunction of any electronic communications for any reason. Proof of sending is not proof of receipt.
To the extent allowed by applicable law: (i) any and all disputes, claims, and causes of action arising out of or in connection with the Contest shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submitting a photograph in the Contest, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. If the Sponsor receives a report from a third party relating to the inappropriateness of a photograph submission or other failure to comply with these Terms and Conditions (including, but not limited to, an entrant’s violation of a third party’s intellectual property or privacy rights), the Sponsor will investigate the report and the photo may be disqualified if necessary. In addition, the Sponsor may take legal action against the entrant responsible for the photograph submission.
The Contest is subject to all applicable laws and regulations, and is void where prohibited or restricted. Except where prohibited by law: (a) all issues concerning the construction, validity and enforcement of these Terms and Conditions, or the rights and obligations of the entrant and Sponsor, shall be constructed and governed by the laws of the state of New York, USA, without regard to conflicts of law. Claims may not be resolved through any form of class action; and (b) venue for all suits will be in the state or federal courts in the State of New York, USA.
If any provision(s) of these Terms and Conditions are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.
The Sponsor of the Promotion is Ralph Lauren Corporation, 625 Madison Avenue, New York, NY 10022, USA.
By participating, you release Instagram, and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Contest and/or the appearance of your photograph on Sponsor’s website. This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram.
FOR EEA AND SWITZERLAND ONLY:
Nothing in these Terms and Conditions limits or excludes the liability of the Promotion Entities for fraud or for death or personal injury caused by the negligence of the Promotion Entities or any other liability the limitation of which is prohibited by law.
FOR EEA AND SWITZERLAND ONLY:
The data controller is the Sponsor. Any data collected online from persons notified of selection of their photographs for potential inclusion on Sponsor’s website will be used to administer the Contest. The recipient of such data is the Sponsor for the purpose of administering the Contest (and the data could be transferred to Sponsor's group companies for the same purpose). You have the right to access, modify, rectify and withdraw your personal data by an e-mail to firstname.lastname@example.org. If you withdraw your data or oppose the collection or processing, you will be deemed to cancel your participation in the Contest. Your data will be collected and processed in the US where laws may not provide an equivalent level of protection to the EEA and Switzerland.
FOR CANADA ONLY:
Personally identifiable information you submit online in response to any notification of selection of your photograph for potential inclusion in the promotional photograph will be collected, used and disclosed only for the purposes of administering the Contest, or as you otherwise expressly consent or as required by law. By responding online to any such notification, you consent to such collection, use and disclosure.