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Dolce Vita Travel Files Contest


official rules

  1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE YOUR LIKELIHOOD OF WINNING. The Contest is governed by these Official Rules and is subject to all federal, state, and local laws and regulations. Void in Puerto Rico and the other United States territories, and wherever prohibited or restricted by law. 
  1. Entry Dates. The Dolce Vita Travel Files Contest (the "Contest") entry period begins at 12:01 AM Eastern Time (“ET”) on February 11, 2019 and ends at 11:59 PM ET on December 31, 2019 (the "Entry Period"), when all entries must be received. Eastern Time shall control for all purposes of this Contest. Sponsor's clock shall be the official timekeeper for the Contest. 
  1. Eligibility. The Contest is open to legal residents of the fifty (50) United States, who are eighteen (18) years of age or older and the age of majority in their legal state of residence at the time of entry. Employees of Dolce Vita Footwear, Inc. (“Dolce Vita” or “Sponsor”) and its parent, subsidiaries, divisions, affiliates, and advertising, media or promotional agencies, and immediate family members and/orthose living in the same household of such individuals are not eligible to enter or win. "Immediate family members" shall mean parents, step-parents, children, step-children, siblings, step-siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three months a year, whether related or not.  In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Contest. 
  1. How to Enter. To enter the Contest, during the Entry Period, you must first complete all required fields on the entry form available at WWW.DOLCEVITA.COM/PAGES/USTOUR and submit as directed; and follow @DOLCEVITA on Instagram and/or like @SHOPDOLCEVITA on Facebook. To receive one (1) entry into the Contest, you must then: (1) post a photo of yourself on either Instagram or Facebook, showing your unique, signature style wearing a pair of Dolce Vita shoes (the “Photo”)and using the required hashtags #DOLCEVITATRAVELFILES and #contest; and (2) enter your favorite US city in the comments below your post (the Photo and comment are collectively referred to hereafter as the "Entry"). The Entry must comply with the Entry Requirements set forth in Section 5 below to be eligible for entry. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM ET ON DECEMBER 31, 2019.Although it is free to enter the Contest, standard message and data charges may be incurred if you use your mobile device to enter the Contest and/or submit your Entry.  Entries will be deemed to have been submitted by the authorized account holder of the email address submitted on the entry form at the time of the entry, which must be the same authorized account holder of the email address associated with the Instagram or Facebook account, as applicable, on which the Photo is posted.  "Authorized account holder" is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Entrants may submit multiple Entries, but will be eligible to win the Contest only once during the Entry Period. Entering or attempting to win the Contest multiple times after an entrant has won the Contest through the use of multiple email addresses, Facebook accounts or Instagram accounts or otherwise is prohibited and any such entries will be deemed void and disqualified. Mechanically altered or reproduced entries are not eligible and will be deemed void and disqualified. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Dolce Vita.  Entries that do not comply with these requirements will be deemed void and disqualified. 
  1. Entry Requirements. The Entry must comply with the following requirements (collectively, the “Entry Requirements”): (i) the Photo may not feature any person other than the entrant; (ii) other than the Sponsor, its products, brands and/or logos, the Entry may not show, contain, mention, depict, refer or otherwise allude in any identifiable manner to the name, logo, or product of any other retailer, manufacturer, brand, product, store, place of business, person, company, or character; (iii) the Entry must be entrant’s own original work, created solely by entrant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Entry may not contain, mention, refer or otherwise allude to any material, subject or otherwise that is violent, lewd, vulgar, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (v) the Entry cannot display or promote nudity, religion, alcohol, illegal activity, drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Entry cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its brands, products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive image and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Entry cannot contain any personal information, such as personal names, email addresses or street addresses, without express permission; (viii) the Entry cannot depict and cannot itself be in violation of any law; and (ix) the Entry must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Entry that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content. 
  1. Agreement to Rules. The Entry must comply with all Entry Requirements to win a prize. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of Dolce Vita. Entries that do not comply with these requirements will be deemed void and disqualified. By participating in the Contest, entrant agrees to be fully and unconditionally bound by these Official Rules, and entrant represents and warrants that he/she/they meet the Eligibility Requirements. In addition, entrant agrees to accept the decisions of Sponsor as final and binding as it relates to this Contest. 
  1. Grant of Rights. Each entrant into the Contest hereby irrevocably grants Sponsor a non-exclusive, non-transferable, royalty-free perpetual license to use and display the Entry, in whole or in part, for any and all purposes, in any and all media channels, whether now known or hereafter devised, without limitation, worldwide and without additional compensation, notice, review, or approval from entrant. 
  1. Representations and Warranties/Indemnification. Each person who enters this Content represents and warrants as follows: (i) entrant has obtained any and all necessary permissions and releases required to submit the Entry and for Sponsor’s right to use the Entry for any purpose; (ii) the entry is owned by entrant and has not been previously distributed, or otherwise exploited; (iii) the Entry is wholly original by entrant; (iv) as of the date of submission, the Photo is not the subject of any actual or threatened litigation or claim; (v) the Entry does not and will not violate or infringe upon any third party’s proprietary or intellectual property rights or any other rights of any person or entity, including but not limited to rights of privacy and publicity; and (vi) the Entry does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. If your Entry infringes upon the intellectual property right of another, entrant will be disqualified at the sole discretion of Sponsor. Each entrant hereby agrees to indemnify, defend and hold the Sponsorand its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, licensees,  officers, and directorsharmless from and against any and all third party claims, suits, actions, or proceedings of any kind, and from any and all damages, liabilities, costs and expenses relating to or arising out of any infringement or alleged infringement of any third party’s right, or any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder. 
  1. Prizes. Each winner will receive a prize that may include, in Dolce Vita’s sole discretion, Dolce Vita shoes, Dolce Vita swag or products, as selected by Sponsor in its sole discretion. Approximate Retail Value ("ARV") of each prize will vary, but will range between $100 and $599. Actual retail value may differ at time of prize award but will not exceed $599. Any and all prize-related expenses, including without limitation all federal, state and local taxes on the prize are the sole responsibility of the winner. If prize or any portion thereof is not accepted, is unclaimed or unused by a winner, it will be forfeited and will not be substituted.  No transfer, refund, cash redemption, substitution or replacement of prize or any prize component permitted, except that Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value (or cash equivalent). Prize conditions may be added or modified by Sponsor or its designee. ARV of prize is in U.S. dollars.
    Additional Prize Terms: By accepting the prize, winner (i) absolutely and irrevocably authorizes Sponsor and its representatives, subsidiaries, affiliates, licensees, successors and assigns to modify, photoshop, edit, pair with other material in any way, shape or form, use, publish, reuse, republish, display, distribute, disseminate or otherwise make publicly available for any artistic or commercial use, including, without limitation, in connection with the Dolce Vita Travel Files campaign, winner’s image, likeness, picture, portrait, and/or voice, as depicted in the Photo, in whole or in part, whether individually or collectively with any other material, in any and all forms of media now or hereinafter known and/or developed including, but not limited to, in print media, in digital media, on the Internet, in composite images, or distorted images or for any other lawful use worldwide and in perpetuity as may be determined by Sponsor in its sole and exclusive discretion, including, without limitation, the use of winner’s name, pseudonym, social media handle and/or professional name, without restriction and without additional compensation, notice, review, or approval from winner ; (ii) expressly waives any and all rights to approve or otherwise review any uses of the Photo featuring winner’s image; and (iii) agrees to execute any and all documents deemed necessary or otherwise required by Sponsor to effectuate such grant. 
  1. Winner Selection; Odds of Winning. During the Entry Period, up to a maximum number of eleven(11) winners (up to one winner per month) will be selected by Sponsor-designated judges from all eligible entries received during each calendar month. Up to one (1) winner per month will be selected from all eligible entries received during that calendar month from 12:01 AM ET on the first date of each month until 11:59 PM ET on the last date of each month, based on the following judging criteria: (i) Photo quality; (ii) personal style; and (iii) unique traits that fit within the #DOLCEVITATRAVELFILES theme. The  top one (1) entrant per month who receives the highest cumulative score for that month will be deemed the winner, subject to verification of eligibility and compliance with these Official Rules as determined by Sponsor in its sole discretion.  In the event of a tie between entrants, the entrant involved in the tie having the highest score in the category ”unique traits that fit within the #DOLCEVITATRAVELFILES theme, combined with the “personal style score” will be deemed the winner of the tie. Entries will not carry over month to month, unless otherwise determined by Sponsor in its sole discretion. Odds of winning depend upon the nature, quality and total number of eligible entries received.  Decisions of Sponsor are final and cannot be appealed.
  1. Winner Notification. At the end of each calendar month during the Entry Period, after that month’s potential winner has been selected, the potential winner will be notified by DM,or using the information submitted by potential winner on its entry form,at Sponsor’s sole discretion, and must respond to winner notification within ten (10) calendar daysafter such notification, or potential winner may be disqualified and an alternate potential winner may be selected, in Sponsor's sole discretion, from among the other eligible entries received. In such event, no more than one (1) alternate potential winner selection will be made, except as may be otherwise determined by Sponsor in its sole discretion if time permits.  A potential winner may be required, in Sponsor's sole discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the "Affidavit") by the date or within the time frame specified by Sponsor or an alternate winner may be selected as set forth in these Official Rules.  The potential winner must be over 18 and over the age of majority in his/her/their state of legal residence and able to execute and return the Affidavit.  In the event: (i) a potential winner cannot be reached for whatever reason after a reasonable effort has been exerted based on the information provided by potential winner in its entry form, or via DM, or winner notification or Affidavit is returned as undeliverable; (ii) a potential winner declines or cannot accept, receive or use the prize for any reason; (iii) of noncompliance with the above or within any of the aforesaid time periods, (iv) a potential winner is found to be ineligible to enter the Contest or receive the prize, (v) a potential winner cannot or does not comply with the Official Rules, or (vi) a potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor's sole discretion, from among the other eligible entries received using the judging criteria set forth in these Official Rules.  Receipt by Winner of the prize offered in this Campaign is conditioned upon compliance with any and all federal, state, and local laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT DOLCE VITA‘S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.Dolce Vita shall have no liability whatsoever for winner’s failure to receive notices due to spam, junk e-mail or other security settings or for winner’s provision of incorrect or otherwise non-functioning contact information. 
  1. Publicity Release; Use of Personal Information. Except where prohibited or restricted by law, awinner's acceptance of prize constitutes the winner's agreement and consent for Sponsor and any of its designees to use and/or publish winner's name (in whole or in part), city and state of residence, photographs or other likenesses, entry, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, marketing, trade, publicity, news, information, public relations, blogs and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval, at Sponsor’s sole discretion. Sponsor shall be under no obligation to use and/or publish winner's name, or to use any Entry or Photo in any manner or on any platform.By entering the Contest, entrants will be sharing their personal information with Sponsor.  Personal information collected by Sponsor will be used for administration of the Contest and awarding the prize.  In addition, by entering, entrants agree to Sponsor's use of entrant's personal information as described in its privacy policy at WWW.DOLCEVITA.COM/PAGES/PRIVACY-POLICY. Please refer to Sponsor's privacy policy for important information regarding the collection, use and disclosure of personal information by Sponsor.  Sponsor is not responsible for disclosures made by any third party.  All entries become the property of Sponsor upon receipt and will not be acknowledged or returned. 
  1. No Tampering; Right to Cancel; Modify. Sponsor and its parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (i) entries that contain inaccurate information or do not comply with or violate the Official Rules; (ii) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind, including but not limited to, inactive email accounts or an entrant's failure to monitor its email account; (iii) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (iv) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (v) any inability of the winner to accept the prize for any reason; (vi) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor's reasonable control; or (vii) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this promotion or any promotion or prize related activities.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (i) tampering with the entry process or the operation of the Contest, or with any website promoting the Contest; (ii) acting in violation of the Official Rules; or (iii) entering or attempting to enter the Contest multiple times in violation of these Official Rules. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest should technical difficulties, virus, bug, non-authorized human intervention, fraud, unforeseen events or other cause beyond Sponsor’s control corrupt or affect the administration, security, fairness, or proper conduct of the Contest.  In such case, Sponsor, may select the winner from all eligible entries received prior to/or after (if appropriate in Sponsor’s sole discretion) the action taken by Sponsor.  Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules.  Sponsor has the right, in its sole discretion, to maintain the integrity of the Contest, to void entries for any reason, including, but not limited to: multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Contest rules; or the use of bots, macros, scripts, or other technical means for entering.  Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws.  Should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. 
  1. Release of Liability; Disclaimer of Warranty; Forum Selection Clause. By participating in the Contest, entrants and winners agree to release and hold harmless Sponsor, Instagram, Facebook, and their respective parent, subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, licensees, officers anddirectors(the "Released Parties"), from any and all liability, for loss, harm, damage, injury, cost, claim, damage, or expense whatsoever, including without limitation, property damage, personal injury (including emotional distress), illness, and/or death, which may occur, directly or indirectly,whether caused by negligence or not, in connection with: (i) preparation for, or participation in, the Contest, and/or possession, acceptance and/or use or misuse of the prize or participation in any Contest-related or prize-related activity; (ii) technical failures of any kind, including , but not limited to, the malfunction of any computer, cable, network, hardware, or software, or other mechanical equipment; (iii) the unavailability or inaccessibility of any transmissions, telephone or Internet service; (iv) unauthorized human intervention in any part of the entry process or the Contest; (v) electronic or human error in the administration of the Contest or the processing of entries; and (vi) for any claims or causes of action based on publicity rights, defamation or invasion of privacy and/or merchandise delivery. The Released Parties assume no responsibility for any injury or damage to entrants or to any other person's computer, regardless of how caused, relating to or resulting from entering or downloading materials or software in connection with this Contest.  Entrants and winners acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representations or guarantees, express or implied, in fact or in law, relative to any prize or any component thereof.  Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with the Contest, shall be resolved individually, without resort to any form of class action, and shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Contest (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in New York, New York.  Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have.  Any and all claims, judgment and awards shall be limited to actual out-of-pocket costs incurred, 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 further waives any and all rights to have damages multiplied or otherwise increased. 
  1. Sponsor: The Sponsor of the Contest is Dolce Vita Footwear, Inc., 390 Fifth Avenue, 6th floor, New York, NY 10018.This Contest is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. Any and all questions, comments or complaints regarding the Contest must be directed to Sponsor, not Instagram or Facebook. 
  1. Winner List: To obtain a copy of the winners list (available after February 1, 2020), send a self-addressed, stamped envelope with your request to: Dolce Vita Travel Files Contest, Dolce Vita Footwear, Inc., 390 Fifth Avenue, 6th floor, New York, NY 10018. Attention: Marketing Department.  Requests must be received no later than April 1, 2020.