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Kith x Barbie Styling Contest - Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS CONTEST. BY ENTERING THIS CONTEST, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES AND IRREVOCABLY WAIVE ANY RIGHT TO CHALLENGE THESE OFFICIAL RULES.
Kith Retail LLC (“Kith”) is conducting the “Kith x Barbie® Styling Contest” (the “Contest”). The terms and conditions of participation in the Contest are set forth in these Official Contest Rules (the “Rules”), which can be accessed on the Kith website [Kith.com/Barbie] at any time during the Contest Period (as defined below). Before an entrant (“You”) enters the Contest, please read the Rules below.
- Contest Overview
In anticipation of the release of the official Kith Barbie doll in December 2020, Kith invites its customers and friends to style one (1) of four (4) Kith x Barbie prototypes in an outfit selected from approximately one hundred (100) miniaturized pieces from the Kith women’s collection (each a “Kith Barbie Doll”).
- Contest Period and Eligibility
Beginning at 9:00AM EST on September 17, 2019, an online sign-up will be available at www.kith.com/barbie to schedule an appointment at Kith’s store located at 337 Lafayette Street, New York, New York 10012 (the “Store”) to participate in the Contest. Appointments will be available from 11:00AM EST on September 21, 2019 through 8:00PM EST on September 29, 2019. The period of time between 9:00AM EST on September 17, 2019 and 8:00PM EST on September 29, 2019 is referred to herein as the “Contest Period”. Appointments can be scheduled online at www.kith.com/barbie or in-person at the Store. You are also welcome to come to the Store without an appointment to participate in the Contest, subject to applicable wait times.
In addition, select friends of Kith will be eligible to schedule appointments to participate in the Contest between 9:00PM EST on September 19, 2019 through 8:00PM EST on September 20, 2019.
The Contest is open only to United States citizens and permanent residents who reside in the United States, who are 18 years of age (or, if greater, the age of legal majority in their jurisdiction) or older at the start of the Contest Period, and who have a valid email address, a valid phone number and a valid Instagram® account. BY ENTERING THE CONTEST, YOU CERTIFY THAT THE FOREGOING IS TRUE. Creation of an Instagram account is free at www.instagram.com. Each participant may style only one (1) Kith Barbie Doll during the Contest Period. Kith employees, family members of Kith employees, Mattel, Inc. (“Mattel”) employees, family members of Mattel employees, and employees of each of Kith’s and Mattel’s affiliates are not eligible to participate in the Contest. The Contest is void where prohibited and subject to all federal, state, and local laws.
- How to Register
You can register for an appointment in the Store to participate in the Contest either on-line at www.kith.com/barbie or in-person at the Store. When you register for an appointment, you will be asked to provide certain personally identifiable information, including your name, a valid email address, and a valid phone number. You must register for an appointment in order to be able to participate in the Contest.
- Determination of Winners
Each Kith Barbie Doll will be photographed by a representative of Kith in the Store and entered into the Contest for consideration. The photographs of the Kith Barbie Dolls will be submitted to a panel of judges, which panel may include fashion stylists and influencers. The judges will select a total of six (6) finalists. On or about October 8, 2019, the six (6) finalist Kith Barbie Dolls will be announced on the Kith Women Instagram account (@kithwomen).
The image of the Kith Barbie Doll that receives the most “likes” on Kith’s Instagram account by 11:59 pm EST on October 16, 2019 will be the winner of the Contest. On or about October 17, 2019 Kith will announce the winning Kith Barbie Doll on its Instagram account. The winning Kith Barbie Doll will be produced to become the official Kith x Barbie Doll to be released in 2020.
All six (6) finalists will receive the official Kith x Barbie Doll. In collaboration with Kith, the creator of the winning Kith Barbie Doll will get to post an image of the official Kith x Barbie Doll on his/her own Instagram account in 2020. The winner’s Instagram account must be public on the date of the announcement, and for a period of one (1) week thereafter. Following the winner’s announcement, both Kith and Mattel will tag the winner’s Instagram account name in their own respective announcements on Instagram. In addition, the creator of the winning Kith Barbie Doll will receive the final doll in exclusive, personalized packaging as well as the full-sized version of the winning look in the creator’s size from the Kith x Barbie Capsule Collection, which is scheduled to launch in 2020.
In order to receive a prize, all finalists and the winner will be required to sign an affidavit of eligibility, release of liability and publicity (where permitted), and other applicable documents, and return the same, properly executed, within five (5) days of issuance. Failure to complete and return all requested forms by the specified date, or failure to comply with any requirements, may result in forfeiture of the prize and selection of an alternative finalist or winner.
Kith reserves the right to disqualify You if Kith, in its sole discretion, suspects You of (I) engaging in any irresponsible or inappropriate behavior, including, without limitation, cheating or attempting to exploit or impair the integrity of the Contest, (II) registering or attempting to register for the Contest more than once using multiple names, email addresses, or other methods or, (III) engaging in any other behavior in violation of these Rules. Any suspected fraudulent, abusive or illegal activity may be grounds for termination of the Contest or Your participation, in whole or in part, without liability to You or any other participant. In the event You are disqualified from the Contest or from receiving any prizes, You will be notified by email at the email address you provide during registration no later than one (1) week after Your disqualification, and You will automatically forfeit any prize for which you may be eligible.
- Ownership of Intellectual Property
As between You and Kith, any and all creative works, work product, intellectual property and all tangible forms thereof that You create as a result of the Contest will be owned exclusively by Kith as a “work made for hire” under U.S. copyright law. To the extent that any of the foregoing is not deemed a “work made for hire” under applicable law, You hereby irrevocably assign to Kith all right, title and interest you may have in and to all such creative works, work product, intellectual property and all tangible forms thereof, so that Kith is the sole and exclusive owner of all such rights, title and interest. Any materials that Kith provides to you in connection with the Contest, including without limitation, any photographs, images, and text, are and shall remain the exclusive property of Kith and may only be used by You for the limited purpose for which they were provided.
- Disclaimers; Limitation of Liability
KITH MAKES NO AND HEREBY EXPRESSLY DISCLAIMS ANY AND ALL, WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
KITH AND MATTEL, AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, AND PARENTS, AND EACH OF THEIR RESPECTIVE officers, directors, shareholders, employees and agents (collectively, the “released parties”), and internet access provider(s) are not responsible for: any incorrect or inaccurate information provided during registration; human or other error; technical malfunctions; transmission or other delays affecting submission or receipt of an appointment request or registration information; failures, omission, interruption, deletion, or defect of any network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in the Contest; theft, tampering, destruction, or unauthorized access to, or alteration of appointment requests or registration information; information that is processed late or incorrectly or is incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; and any other human or electronic error that results in late, lost, incomplete, misdirected or stolen information. All Kith Barbie Dolls become the property of Kith and will not be returned after the Contest.
BY PARTICIPATING IN THIS CONTEST, YOU HEREBY ACCEPT FULL LIABILITY FOR ANY DAMAGES OR LOSSES YOU MAY SUFFER IN CONNECTION WITH THE CONTEST OR YOUR RECEIPT OR USE OF ANY PRIZE AWARDED IN CONNECTION WITH THE CONTEST. IN NO EVENT SHALL YOU BE ENTITLED TO, AND YOU HEREBY WAIVE ANY RIGHTS OR CAIMS TO, ATTORNEYS’ FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, WHETHER OR NOT FORESEEABLE, AND WHETHER BASED ON TORT, NEGLIGENCE OR OTHERWISE.
CERTAIN LAWS MAY NOT PERMIT LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, AND THUS SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN SUCH CASES, KITH’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Any dispute or claim raised by You arising out of or relating to the Contest or these Rules or the subject matter hereof will be submitted only to binding arbitration on a confidential basis, conducted strictly in accordance with the terms of these Rules and the substantive law of the State of New York. The arbitration venue and all related hearings will be in New York, New York. The parties agree that the arbitration will be governed by the Commercial Arbitration Rules of the American Arbitration Association. Unless You and Kith concur in the appointment of a single arbitrator, the matter of difference shall be referred to three (3) arbitrators appointed to hear the case pursuant to the procedures set forth in the Commercial Arbitration rules of the American Arbitration Association. The arbitrators must base their decision with respect to the difference before them on the contents of these Rules, and the decision of any two of the three arbitrators shall be binding on both You and Kith. Judgment upon the award rendered by the arbitrator(s) may be entered and enforced in any court of competent jurisdiction. Neither You nor Kith will be precluded hereby from seeking equitable provisional remedies in the courts of any jurisdiction including, but not limited to, temporary restraining orders and preliminary injunctions, but such equitable remedies will not and may not be sought to avoid or stay arbitration.
YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO FILE A LAWSUIT AGAINST KITH IN A COURT OF LAW. ANY DISPUTE OR CLAIM RAISED BY KITH HOWEVER ARISING OUT OF OR RELATING TO THE CONTEST, THESE RULES OR THE SUBJECT MATTER HEREOF WILL AT KITH’S SOLE CHOICE AND DISCRETION, EITHER BE SUBMITTED TO BINDING ARBITRATION IN ACCORDANCE WITH THIS SECTION 10, OR FILED AS A LAWSUIT IN THE APPROPRIATE FEDERAL OR STATE COURT LOCATED IN NEW YORK, NEW YORK. YOU HEREBY AGREE TO THIS DIFFERENCE IN THE AVAILABILITY OF AND FORUM FOR RELIEF FOR DISPUTED CLAIMS BETWEEN YOU AND KITH, AS SET FORTH IN THIS SECTION. YOU FURTHER AGREE NOT TO PURSUE OR BE THE PLAINTIFF OR REPRESENTATIVE IN ANY CLASS ACTION CASES OR LITIGATIONS AGAINST KITH ANYWHERE WORLDWIDE, RELATED TO THE CONTEST, THESE RULES, OR TO ANY KITH CONDUCT, PRODUCTS OR SERVICES. YOU HEREBY AGREE AND UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO BE INVOLVED IN ANY CLASS ACTION AGAINST KITH.
- Force Majeure
Kith shall not be liable in the event that a portion or all of the Contest, including without limitation, Your appointment at the Store, is cancelled due to market closures, weather, fire, strike, acts of war or terrorism, or any other condition beyond Kith’s control (a “Force Majeure Event”). In the event of a Force Majeure Event, Kith reserves the right to modify, shorten, prolong, postpone and/or cancel the Contest prior to the end of the Contest Period. In such case, Kith shall announce the same on the Kith website at www.kith.com/barbie and/or notify You by email.
- Release; Indemnity
By participating in the Contest, you agree to release, discharge, indemnify and hold harmless the Released Parties, from and against all claims, damages or liabilities arising from or in connection with your participation or attempted participation in the Contest. BY ACCEPTING A PRIZE IN THE CONTEST, YOU AGREE THAT NONE OF THE RELEASED PARTIES SHALL BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR INJURY RESULTING FROM YOUR PARTICIPATION IN THE CONTEST OR YOUR ACCEPTANCE OR USE OF ANY PRIZE, AND YOU HEREBY EXPRESSLY AND IRREVOCABLY RELEASE ALL SUCH PARTIES FROM ANY SUCH RESPONSIBILITY OR LIABILITY.
You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
- Governing Law; Venue
These Rules shall be governed in all respects by the laws in effect in the State of New York, without regard to its conflicts of law provisions. Any arbitration or equitable action commenced by You, or arbitration, equitable, or other legal action in a court of law commenced by Kith, arising out of or relating to the Contest or these Rules, shall be commenced in New York, New York. In any action commenced by Kith in a court of law, You irrevocably hereby submit and consent to and agree not to contest, object to, or challenge, the personal jurisdiction over You, by any court in New York, New York, in which such action is filed, as well as to the venue of such court, and You hereby waive any and all defenses, challenges, or objections related to personal jurisdiction and venue.
- Entire Agreement; Modification
These Rules set forth Your rights and obligations and are legally binding between You and Kith. Therefore, You are expressly consenting to be bound by these Rules by checking the designated acceptance box. These Rules are legally binding as soon as You click the acceptance box.
These Rules may be modified at any time by Kith and Kith will notify You of such modification by publishing the modified Rules on the Kith website at www.kith.com/barbie.
These Rules shall be deemed to remain in full force and effect for the entire Contest Period. Those sections that, by their nature, are intended to survive shall survive the expiration or early termination of the Contest Period.
Kith’s election not to enforce any provision of these Rules in one instance will not be deemed a waiver of Kith’s right to enforce that provision, or any other provision, in any other instance. No waiver of any provision hereof shall be valid unless in writing and signed by both parties.
Kith may assign all or part of its rights and/or obligations under these Rules to any third party without Your consent. You may not assign all or part of these Rules to any third party without Kith’s prior written consent, and any purported assigned in violation of the foregoing shall be null and void.
The rights You grant to Kith pursuant to these Rules will inure to the benefit of its successors, affiliates, assignees and subsidiaries.
If You have any questions about the Contest or these Rules, please contact:
Kith Retail, LLC
65 Bleecker Street
New York, New York 10012
Attn: Kith Barbie Contest