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#BirthdayGram Contest Rules

MUST BE 18 YEARS OLD AND A LEGAL U.S. RESIDENT TO ENTER. NO PURCHASE NECESSARY. 

1. Sponsor

Birthday Girl LLC, located at 128 East Broadway, Suite 178, New York, NY (“Birthday Girl”) is the official sponsor of the #BirthdayGram Birthday Girl of the Month Giveaway (“Contest”).

2. Entry Period

Entries may be submitted from November 15, 2013 at 6 a.m. ET through December 31, 2014 at 11:59 p.m. on the https://www.facebook.com/BirthdayGirlWorld and https://www.facebook.com/TheRealStarshell

The Promotion consists of a series of weekly independent contests (each, a “Monthly Contest”). Entry for each Weekly Contest will begin each 1st of the Month during the Contest Period at 12:00 PM ET and end the following Month at 11:59 PM ET during the Contest Period (each a “Monthly Entry Period”). One (1) “Birthday Girl of the Month” winner will be selected by Sponsor for each Monthly Contest. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes.

To be eligible to enter the Contest and to win a prize, entries must be completed and received by Sponsor in the format designated during the Entry Period. All applicable federal, state and local laws and regulations apply. Offer void where prohibited by law.

3. Eligibility

The Contest is open and offered to legal residents of the 50 United States and District of Columbia who are 18 years of age or older, and who agree to comply with all terms and conditions of these Official Rules. Birthday Girl reserves the right to require evidence of age to win Prize.

Employees, officers, and directors of Birthday Girl or Birthday Girl's parents, subsidiaries, affiliated companies, agents, distributors, advertising, promotion, and production agencies, or members of their respective immediate families (parents, spouse, children, siblings) or individuals residing in their household (whether or not related) are not eligible for the Contest.

When you enter the Contest, you agree to be bound by the terms and conditions set forth herein. If you do not agree to these terms and conditions, you may not submit an entry. Birthday Girl reserves the right in its sole discretion to disqualify any entrant it finds to be acting in violation of these Official Rules.

4. To Enter

Enter the Contest by first reading and agreeing to these Official Rules, and then by entering your information on the Birthday Girl or The Real Starshell Facebook Pages -https://www.facebook.com/BirthdayGirlWorld and https://www.facebook.com/TheRealStarshell

Entry into the Contest represents your acknowledgment that (i) you have read the Official Rules, (ii) you agree to be bound by the Official Rules, and (iii) you agree that decisions of Birthday Girl about the Contest are subject to Birthday Girl’s sole discretion and are binding in all respects. Each timely received and otherwise eligible entry shall be included in the Contest.

Neither Birthday Girl nor its agents are responsible for illegible, lost, stolen, late, damaged, incomplete, mutilated or misdirected entries or for any problems or technical malfunctions related to the electronic submission of entries. If all required information is not provided or entry is illegible, entry will be deemed ineligible. Any entries that do not comply with the rules will be withdrawn, rejected and will be deemed ineligible for participation. All entries will become the property of Birthday Girl and cannot be acknowledged or returned. Birthday Girl shall refuse submission of any entry that may be deemed profane or offensive, violates any laws, uses the intellectual property of another or otherwise does not comply with these Official Rules.

If, for any reason, the Contest is not capable of running as planned, Birthday Girl reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Contest. By entering the Contest, you acknowledge that no joint venture, partnership, employment, or agency relationship exists between you and Birthday Girl from your Entry or award of any prize.

Voters may vote on the Contest Site (limit one (1) vote per person on the Contest Site per Monthly Contest). Any entrant offering or using, or attempting to use a “cheat,” payment, or other incentive, or any other means to obtain votes will be disqualified and any votes earned by those means will be void in Sponsor’s sole discretion. If attempts are made to vote in excess of the stated limits or obtain votes by means other than as specifically set forth in these Official Rules, Sponsor may, in its sole discretion, disqualify any related entrant or votes. Any rankings or vote counts posted on the Contest Site are unofficial and should not be relied upon for any purpose. Use of any automated, script, software, macro or robotic program or any other automated or improper means to submit or gain votes may result in the disqualification, in the sole discretion of the Sponsor, of the entrant to which such votes relate, of the votes themselves, or both.

6. Birthday Girl's Use and Ownership of Entry Materials

By entering the Contest, you represent and warrant that the photographic images you submit (the "Photographs") are either your original images or images to which you have lawfully obtained all relevant rights, and that such Photographs do not incorporate any intellectual property of anyone else, including but not limited to any trademark, design rights or copyright. Further, you represent and warrant that you perpetually and irrevocably assign all rights, title and interest in and to the Photographs and other entry materials, including the copyright and any other intellectual property or other rights in the Photographs and other entry materials, to Birthday Girl.

Birthday Girl shall have the right to use the Photographs in any manner, and to promote the Photographs and the Contest in any manner it chooses. Decisions as to how the Photographs will be used will be at the sole discretion of Birthday Girl.

By entering the Contest, you further agree to grant Birthday Girl the perpetual and irrevocable right to use your name, image, likeness, voice, photo, video and/or a short biography in and in connection with the Photographs, without restriction as to the frequency, duration or territory of such use and without compensation, notification or permission, except as prohibited by law. Such use may include, but is not limited to use on Birthday Girl's website, use in press releases, use on social media sites such as Facebook and Twitter, and use in connection with any events associated with the Contest. To this end, you waive any rights to privacy or publicity or laws of similar effect. You further agree to inform Birthday Girl of any press inquiries you may receive that relate to the Contest, Birthday Girl, and/or the Photographs before responding to such inquiries.

6. Winner Notification

The potential winners will be notified via Facebook Account. Each potential Grand and First Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to accept within two (2) days of the date notice or attempted notice is sent, in order to claim his/her prize. If a potential winner cannot be contacted, or fails accept the prize within the required time period (if applicable) potential winner forfeits prize. If the potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian, who will be required to sign the Declaration of Compliance on the potential winners behalf and fulfill any other requirements imposed on winner set forth herein. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Only three (3) alternate drawings will be held, after which the prize will remain un-awarded. Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes. 

Potential Prize Winners will be notified by Sponsor whose decisions are final and binding on all matters relating to this Promotion. Sponsor will notify potential Weekly Winners on or about 12:00 PM ET the Tuesday following the applicable Monthly Voting Period. The “Birthday Girl of the Month” grand prize winners will be notified on or about the dates as follows: 

_December Winner – 1/6/14 

_January Winner – 2/4/14 

_February Winner – 3/4/14 

_March Winner – 4/4/14 

_April Winner – 5/4/14 

_May Winner – 6/4/14 

_June Winner – 7/4/14 

_July Winner – 8/5/14 

_August Winner – 9/3/14

_September Winner – 9/30/14 

_October Winner – 11/4/14

_November Winner – 12/2/14

_December 2014 Winner – 1/4/15

7. Prizes

Birthday Girl one (1) monthly Grand Prize winner.

The Grand Prize winner will receive the following: One (1) Birthday Girl Signature T-Shirt in their choice of Dark Pink or Light Pink and One (1) $50 Gift Certificate

In the event that the winner’s selection and size are not available at Gucci at the time of selection, the individual will be presented with list of alternatives to select from.  Birthday Girl, LLC is not responsible for any inventory or product sourcing selected to win the Grand Prize declines to travel to Birthday Girl’s offices and/or participate in the photo shoot and marketing activities, such individual will instead be awarded the Second Runner-Up prize, and another individual will be selected for the Grand Prize.

8. Odds

The odds of winning depend on the number of qualified entries.

9. Photos

By entering the Contest you represent and warrant that, consistent with the terms of the Official Rules: (a) you own the copyright in the Photographs; (b) the Photographs constitute your own original work, and do not violate, in whole or in part, any existing copyright, trademark, or intellectual property of any other person or entity; (c) you are unaware of any agreement that is inconsistent with the consent provided herein; and (d) you have full power to enter the Contest and to convey the Photographs to Birthday Girl world

10. Limitations of Liability

By participating in the Contest, entrants agree to release and hold harmless the Sponsor, and each of their respective parents, subsidiaries, affiliates, advertising and promotion agencies, other companies associated with the Sweepstakes, and each of their respective officers, directors, employees, shareholders, representatives, and agents (the Released Parties) from and against any claim or cause of action arising out of participation in the Contest or receipt or use of the prize (including any travel or activity related thereto), including, but not limited to: (a) any technical errors associated with the Contest, including lost, interrupted or unavailable Internet Service Provider (ISP), network, server, wireless service provider, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone, cellular tower or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties; (b) unauthorized human intervention in the Contest; (c) mechanical, network, electronic, computer, human, printing or typographical errors; (d)application downloads, (e) any other errors or problems in connection with the Contest, including, without limitation, errors that may occur in the administration of the Contest, the announcement of the winner, the cancellation or postponement of the event and/or the flyover, if applicable, the incorrect downloading of the application the processing of entries application downloads or in any Contest-related materials; or (f) injury, death, losses or damages of any kind, to persons or property which may be caused, directly or indirectly, in whole or in part, from entrants participation in the Sweepstakes or acceptance, receipt or misuse of the prize (including any travel or activity related thereto). Entrant further agrees that in any cause of action, the Released Parties liability will be limited to the cost of entering and participating in the Contest, and in no event shall the entrant be entitled to receive attorneys fees. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. (g) Any inventory or back order delays or necessary substitutions due to Gucci USA retail product availability. 

11. RELEASE

By entering the Contest, you agree to these Official Rules and the decisions of Birthday Girl on behalf of yourself and each of your respective heirs, executors, administrators, legal representatives, successors, and assigns (Releasing Party), and by entering, you release, defend, and hold harmless Birthday Girl, its parent companies, subsidiaries, affiliates, distributors, and professional advisers, and their respective officers, directors, and employees (Released Parties) from any and all causes of action, suits, debts, dues, sums of money, accounts, reckonings, bonds, bills, covenants, contracts, controversies, promises, lost profits, indirect or direct damages, consequential damage, incidental damages, punitive or exemplary damages, judgments, claims, and demands whosoever, in law, or equity, whether known or unknown, foreseen or unforeseen, which any Releasing Party has or may ever had, now or hereafter, arising from or related to the Contest, the preparation of any entry materials, or delivery, misdelivery, acceptance, possession, use of, or inability to use any prize. 

By entering, all entrants understand and agree that all Eligible Submissions will be posted on the internet (and other media as designated by the Sponsor in its sole discretion) for public view on the Contest Site and any such posting will be deemed made at the direction of the entrant within the meaning of the Digital Millennium Copyright Act and the Communications Decency Act. Further, by entering, all entrants agree to give Sponsor permission to use his/her name and likeness in accordance with Section 11 below. Any entrant who incorporates any intellectual property owned by a third party into his or her Submission does so at his or her own risk. Without in any way limiting, expanding or amending the Terms of Use policy residing on Sponsor’s website, www.birthdaygirlworld.com, (the “Website”) which Terms of Use policy shall remain in full force and effect, if Sponsor is duly notified that any element of an entrant’s Submission infringes upon the rights of another person and/or receives a legally valid request to remove the affected Submission from the Contest Site because of such infringement, such Submission may be disqualified from the Promotion, as Sponsor may determine in its sole discretion. Further, no entrant will be eligible to receive a prize unless Sponsor determines, in its sole and absolute discretion, that such entrant’s Submission has been or can be sufficiently cleared for legal purposes. 

Limit one (1) entry per person total per Monthly Contest.

12. Indemnification

By entering the Contest, you agree to indemnify, defend, and hold harmless Birthday Girl, its parent companies, subsidiaries, distributors, affiliates, and professional advisers, and their respective officers, directors, and employees from and against any and all claims, actions, demands, and liabilities, including those raised or brought by third parties, and any costs and expenses, including, without limitation, reasonable attorney and professional fees and costs and other expenses of any nature incurred in the investigation and defense of any such claims resulting from your breach of any provision of these Official Rules, or any representation or warranty you provide herein, or otherwise arising in any way out of your Design or your entry into the Contest, whether now known or unknown, or anticipated or unanticipated. Birthday Girl reserves the right to take exclusive control and defend any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Birthday Girl in asserting any available defenses.

13. Choice of Law

The Contest shall be governed by and interpreted under the laws of the courts governing the city and county of New York, NY without regard to conflict of law provisions. By entering the Contest, you agree that any disputes, claims, causes of action, or controversies arising out of or in connection with this Contest shall be resolved by the State and Federal courts covering New York, NY which shall have sole jurisdiction of any controversy regarding or arising from the Contest or these Official Rules. BY ENTERING THE Contest, YOU WAIVE ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THE COURTS COVERING NEW YORK, NEW YORK AND SUBMIT TO THE JURISDICTION OF THE COURTS COVERING NEW YORK, NEW YORK. Further, you acknowledge and agree that you may only assert claims on your own behalf and not on behalf of any other person or entity arising from or in connection with this Contest or these Official Rules.

14. Winner List/Official Rules

For names of the Winners or a copy of these Official Rules visit Birthday Girl's website at http://www.Birthday Girl.com/ -https://www.facebook.com/BirthdayGirlWorld and https://www.facebook.com/TheRealStarshell

 

15. Privacy

By entering the Contest, you agree that any information provided may be used according to Birthday Girl's privacy policy, located at http://www.birthdaygirlworld.com/pages/privacy-statement as well as noted in these Official Rules.