Tweet the Tweet Top Contest!

What's all the twitter about? Why the Tweet Top, of course! Conversational prints are happening this season, and this flirty birdie has much to say! New to the CAbi Spring '13 Collection, the Tweet Top can be yours when you enter the "Tweet the Tweet Top Contest!" Simply use the Create-a-Look app to create YOUR favorite outfit featuring the Tweet Top as the centerpiece to your ensemble, Tweet it to us (@CAbiClothing) using the hashtag #TweetTop and YOU could be one of three (3) lucky winners to be the first gals on their block rocking the Tweet Top! Tweet us your most stylish Tweet Top outfits!

The Tweet the Tweet Top Contest runs from Thursday, January 17, 2013 at 06:00 PM (Pacific Time) to Thursday, January 31, 2013 at 11:59 PM (Pacific Time). Please read all of the rules carefully before submitting an entry.

No purchase or payment required. Open to any and all CAbi customers, hostesses, Consultants or fans located in the 50 United States or the District of Columbia who have reached the age of majority. Void where prohibited and subject to all applicable laws. All entries must be received by January 31, 2013, at 11:59:59 P.M. PT. Additional rules apply (below)

Basic Rules

  • One Contest Entry Tweet (Tweet Top Create-a-Look outfit) per person.
  • The Tweet the Tweet Top Contest will close at 11:59 p.m. PST on Thursday, January 31, 2013. Any entries after this time will not be considered.
  • Winners will be notified by email and/or phone by Friday, February 8, 2013.
  • Participants in the Tweet the Tweet Top Contest must submit an outfit featuring the Tweet Top using the CAbi Create-a-Look App and subsequently tweeting their Contest Entry Tweet to @CAbiClothing with the hashtag #TweetTop.
  • Entrants are encouraged to include a few words about the style intention behind your chosen Tweet Top look, but are not required to do so.
  • If multiple entrants Tweet the same look, using all of the same elements, the judges will refer to the original tweet and review the entrants stated style intention to break the tie.
  • Entries submitted via Direct Message will not be considered.
  • Three (3) winners total will be chosen.

Winner Selection Process:

The Judges will consider all complete submissions to the Tweet the Tweet Top Contest made by 11:59pm PST on Thursday, January 31, 2013.

ALL submitted entries will be reviewed and considered. The judges will select three (3) winners total. The judges’ decision will be based on the following factors: use of the Tweet Top in your Create-a-Look ensemble, creativity and style. Judges will review any additional information sent in participants’ entry tweet, such as a few words about the intention behind your created Tweet Top look. Only ONE entry per person. An entry is considered to be a tweeted Tweet Top look, using the Create-a-Look app and then subsequently tweeted to the CAbi Twitter account (@CAbiClothing) using the hashtag #TweetTop.

Prize:

The CAbi Judges will select three (3) winners based upon the stylishness and creativity of the outfit, as well as any additional stated information in the Tweet regarding the intention behind the outfit the entrant created. The winner will be notified by either email or phone, Friday, February 8, 2013. Winners will receive the CAbi Spring ’13 Tweet Top

No purchase or payment required. Open to all U.S. citizens located in the 50 United States or the District of Columbia who have reached the age of majority. Void where prohibited and subject to all applicable laws. All entries must be received by Thursday, January 31, 2013 at 11:59:59 P.M. PT. Additional rules apply. See the complete Official Rules for details.

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. VALID IN THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA ONLY. TWEET THE TWEET TOP CONTEST IN THIS CONTEST CONSTITUTES YOUR ACCEPTANCE OF THESE OFFICIAL RULES.

The Tweet the Tweet Top Contest (the “Contest”) is created to encourage eligible U.S. CAbi Consultants, Hostesses, guests, customers & fans (“Entrant(s)” or “you”) to demonstrate creativity when creating a CAbi Spring ’13 ensemble featuring the Tweet Top and using the CAbi Create-a-Look App and subsequently tweeting your Contest Entry Tweet to the official CAbi Twitter account (@CAbiClothing) with the hashtag #TweetTop. The prize(s) will be awarded in accordance with these Official Rules (the “Rules”).

1. BINDING AGREEMENT:

In order to enter the Contest, you must agree to these Rules. Therefore, please carefully read these Rules before entering the Tweet the Tweet Top Contest. You agree that an entry submission in the Tweet the Tweet Top Contest constitutes agreement to these Rules. You may not submit an entry in the Contest, and are not eligible to receive the prizes described in these Rules unless you agree to these Rules. These Rules form a binding legal agreement between you and CAbi LLC with respect to the Contest.

2. ELIGIBILITY:

To be eligible to enter the Contest, an Entrant must: (a) have attended or hosted a CAbi Show before; (b) be a U.S. citizen or permanent U.S. legal resident (i.e. must be able to show proof of legal permanent residence, for example, a “green card”); (c) be at least eighteen (18) years of age (or the age of majority in their jurisdiction of residence, whichever is older); (d) have an active Twitter account; (e) may only submit one entry (tweet) featuring only one Tweet Top outfit; and (f) tweet it to the official CAbi Twitter account (@CAbiClothing) with the hashtag #TweetTop. Contest is void in Puerto Rico, U.S. territories and possessions, outside of the U.S., where registration of this Contest is required by law and where prohibited by law. Employees of CAbi and members of their immediate families (parents, siblings, children, spouses, and life partners of each, regardless of where they live) and members of their households (whether related or not) are ineligible to participate in this Contest.

3. SPONSOR:

The Contest is sponsored by CAbi LLC (“CAbi” or “Sponsor”), a California limited liability company with its principal place of business at 18915 Laurel Park Road, Rancho Dominguez, CA 90220, USA. The Contest is in no way sponsored, endorsed or administered by, or associated with Twitter.

4. CONTEST PERIOD:

The Contest begins on Thursday, January 17, 2013 at 6:00:00 P.M. Pacific Time (PT) Zone in the United States and ends on Thursday, January 31, 2013 at 11:59:59 P.M. PT (“Contest Period”). All dates are subject to change. Entries will only be accepted during the Tweet the Tweet Top Contest Period.

5. HOW TO ENTER:

NO PURCHASE NECESSARY TO ENTER OR WIN. To enter the Contest, visit CAbi Online (http://cabionline.com), the CAbi Facebook Page (http://facebook.com/cabiclothing), or the CAbi Twitter account (http://twitter.com/cabiclothing) during the Contest Period and follow the instructions stated above for: (a) submitting an entry tweet to the official CAbi Twitter account (@CAbiClothing) using the hashtag #TweetTop featuring your Tweet Top look created on the CAbi Create-a-Look app (collectively “Contest Entry Tweet” before submitting. The Contest Entry Tweet must meet the Contest Entry requirements described below. LIMIT ONE (1) TWEET THE TWEET TOP CONTEST ENTRY TWEET PER ENTRANT. Subsequent entries/tweets/Tweet Top looks will be disqualified. To be considered for the Contest, entries must be: (i) complete (as determined by CAbi); (ii) received during the Contest Period; and (iii) in English. Machine or computer-generated mass entries will be disqualified. Any submission not meeting the aforementioned criteria will be disqualified. CAbi, nor Twitter accepts any responsibility for submissions lost, delayed, damaged, defaced, or mislaid, howsoever caused. Proof of submission does not constitute proof of Contest Entry Tweet. All entries will be deemed made by the Entrant submitted at the time of the Contest.

6. CONTEST ENTRY TWEET REQUIREMENTS.

The Contest Entry Tweet must meet the following criteria (“Contest Entry Tweet Requirements”): (a) they must not be derogatory, offensive, threatening, defamatory, disparaging, libelous or contain any content that is inappropriate, indecent, sexual, profane, tortuous, slanderous, discriminatory in any way, or that promotes hatred or harm against any group or person, or otherwise does not comply with the theme and spirit of the Contest; (b) they must not contain content, material or any element that is unlawful, or otherwise in violation of or contrary to all applicable federal, state, or local laws and regulation including the laws or regulations in any state where the Contest Entry Tweet are created; (c) they must not contain any content, material or element that displays any third party advertising, copyrighted material, slogan, logo, trademark or otherwise indicates a sponsorship or endorsement by a third party, commercial entity or that is not within the spirit of the Contest, as determined by Sponsor, in its sole discretion; (d) they must be original, unpublished works that do not contain, incorporate or otherwise use any content, material or element that is owned by a third party; (e) they cannot contain any content, element, or material that violates a third party’s publicity, privacy or intellectual property rights; (f) the Contest Entry Tweet is not the subject of any actual or threatened litigation or claim; (g) the Entrant does not include any disparaging remarks relating to CAbi or any third party; (h) the Contest Entry Tweet are two-dimensional and capable of being scanned. During the Contest Period, CAbi and/or its agents will evaluate the Entries and Contest Entry Tweets to ensure that they meet the Contest Entry Tweet Requirements. CAbi reserves the right, in its sole discretion, to disqualify any Entrant who submits an Entry and Contest Entry Tweet that do not meet the Contest Entry Tweet Requirements. Incomplete entries or entries not complying with these Rules are subject to disqualification.

7. JUDGING:

Each Contest Entry Tweet in compliance with the stated rules will be evaluated and scored based on the following “Criteria”: (i) Creativity & Stylishness of the outfit submitted in the Contest Entry Tweet, (ii) Adherence to the Entry and Contest Entry Tweet Requirements and these Rules.  Using the Criteria, a panel of CAbi employees will then choose three (3) winners.

Tie-breaker: In the event of a tie, the judges will reevaluate the tied Contest Entry Tweets according to the Criteria until the tie is broken. The tied Contest Entry Tweets will be put up for a re-vote amongst the judges until the tie is broken.

Notification of Winners: Winners will be notified by Friday, February 8, 2013 via phone and/or email. Winning is subject to validation and verification of eligibility and compliance with all the terms and conditions set forth in these Rules. If a potential winner is disqualified for any reason, the Contest Entry Tweet that received the next highest total score will be chosen as the potential winner. The potential winners will be selected and notified by telephone and/or email, at Sponsor’s discretion. If a potential winner does not respond to the notification attempt within two (2) days from the first notification attempt, then such potential winner may be disqualified and an alternate potential winner will be selected from among all eligible entries received based on the judging Criteria described herein. With respect to notification by telephone, such notification will be deemed given when the potential winner engages in a live conversation with Sponsor or when a message is left on the potential winner’s voicemail service or answering machine by the Sponsor, whichever occurs first. Except where prohibited by law, each potential winner may be required to sign and return an Affidavit of Eligibility and Liability and Publicity Release and provide any additional information that may be required by Sponsor. If required, potential winners must return all such required documents via fax (or as otherwise instructed) within forty-eight (48) hours following attempted notification or such potential winner will be deemed to have forfeited the prize and another potential winner may be selected based on the judging Criteria described herein. All notification requirements, as well as other requirements within these Rules, will be strictly enforced. Decisions of the judges are final and binding. In the event there are not enough eligible entries, not all prizes will be awarded. If a potential winner is unable for whatever reason to accept his or her prize, then CAbi reserves the right to award the prize to another entrant.

8. PRIZES:

Winners will receive: (a) Tweet Top (retail value $69) as their prize.

No transfer, substitution or cash equivalent for prizes is allowed, except at Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize, in whole or in part, of equal or greater monetary value if a prize cannot be awarded, in whole or in part, as described for any reason. Value is subject to market conditions, which can fluctuate and any difference between actual market value and actual retail value will not be awarded. The prize(s) may be subject to restrictions and/or licenses. The winner shall bear all responsibility for use of the prize(s) in compliance with any conditions imposed by Sponsor, and any additional costs associated with its use. Sponsor has not made and is not responsible in any manner for any warranties, representations, or guarantees, express or implied, in fact or law, relating to the prize(s), regarding the use, value or enjoyment of the prize(s), including, without limitation, prize(s) quality, condition, merchantability, or fitness for a particular purpose.

9. TAXES:

AWARDS OF PRIZES TO POTENTIAL WINNERS ARE SUBJECT TO THE EXPRESS REQUIREMENT THAT THEY SUBMIT TO CABI ALL DOCUMENTATION REQUESTED BY CABI TO PERMIT IT TO COMPLY WITH ALL APPLICABLE STATE, FEDERAL AND LOCAL TAX REPORTING. ALL PRIZES WILL BE NET OF ANY TAXES CABI IS REQUIRED BY LAW TO WITHHOLD. TO THE EXTENT PERMITTED BY LAW, ALL TAXES IMPOSED ON PRIZES ARE THE SOLE RESPONSIBILITY OF THE WINNERS. In order to receive a prize, potential winners must submit tax documentation requested by CAbi or otherwise required by applicable law, to CAbi or a representative for CAbi or the relevant tax authority, all as determined by applicable law. The potential winners are responsible for ensuring that they comply with all the applicable tax laws and filing requirements. If a potential winner fails to provide such documentation or comply with such laws, the prize may be forfeited and CAbi may, in its sole discretion, select an alternate potential winner.

10. GENERAL CONDITIONS:

All federal, state and local laws and regulations apply. CAbi reserves the right to disqualify any Entrant from the Contest if, in CAbi’s sole discretion, it reasonably believes that the Entrant has attempted to undermine the legitimate operation of the Contest by cheating, deception, or other unfair playing practices or annoys, abuses, threatens or harasses any other entrants, CAbi, or the Judges.

11. INTELLECTUAL PROPERTY RIGHTS:

As between CAbi and the Entrant, the Entrant retains ownership of all intellectual property rights (including moral rights) in and to the Photo and Contest Entry Tweet (excluding CAbi’s rights in any CAbi copyrights and/or trademarks included in the Contest Entry Tweet). As a condition of Tweet the Tweet Top Contest, Entrant grants CAbi a perpetual, irrevocable, worldwide, transferable, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, publish, distribute, publicly perform, create a derivative work from, and publicly display the Contest Entry Tweet for any purpose, including without limitation, display on the CAbi, Facebook, Twitter, Pinterest & Instagram websites, without any attribution or compensation to Entrant. Entries will not be returned.

12. PRIVACY:

Entrants agree that personal data submitted with an entry, including without limitation, Entrant’s name, email address, phone number, city & state, your Contest Entry Tweet and photo (collectively “Personal Data”) may be collected, processed, stored and otherwise used by Sponsor, and its affiliates, for the purposes of conducting and administering the Contest. Entrant acknowledges that Personal Information is not being provided to Facebook. By entering the Contest, Entrants agree to the transmission, processing, disclosing and storage of this Personal Data by Sponsor and its affiliates and Twitter. All personal information that is collected from the Entrant is subject to CAbi’s Privacy Policy, located at: http://www.cabionline.com/privacy-policy and Twitter’s Privacy Policy located at: https://twitter.com/privacy. Entrants have the right to access, review, rectify or cancel any Personal Data held by Sponsor in connection with the Contest by writing to CAbi at the following address: Privacy Matters, c/o CAbi LLC., 18915 Laurel Park Road, Rancho Dominguez, CA 90220, USA. If an Entrant does not provide the data required at Tweet the Tweet Top Contest, that Entrant’s Tweet the Tweet Top Contest Entry may be ineligible.

13. PUBLICITY.

By entering the Contest, Entrants agree to participate in any media or promotional activity resulting from the Contest as reasonably requested by CAbi at CAbi’s expense and agree and consent to use of their name and/or likeness by CAbi. CAbi will contact Entrants in advance of any CAbi-sponsored media request for interviews. The Contest Entry Tweets may also be used for press and media purposes and Entrant agrees to waive any rights and not assert any intellectual property rights that Entrant has or may have in the Contest Entry Tweet. CAbi reserves the right to publish the name and likeness of the Winner on the Contest Site or through other media for publicity purposes.

14. WARRANTY AND INDEMNITY:

Entrants warrant that their Contest Entry Tweets are their own original work and, as such, they are the sole and exclusive owner and rights holder of the submitted Contest Entry Tweet and that they have the right to submit the Contest Entry Tweet in the Contest and grant all required licenses. Each Entrant agrees not to submit any Contest Entry Tweet that: (a) infringes any third party proprietary rights, intellectual property rights, industrial property rights, personal or moral rights or any other rights, including without limitation, copyright, trademark, trade names, industrial designs, patent, trade secret, privacy, publicity or confidentiality obligations; or (b) otherwise violates applicable state, federal, or local law.

To the maximum extent permitted by law, Entrant indemnifies and agrees to keep indemnified Sponsor, Facebook, Twitter, Pinterest, and Instagram and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and each of their respective officers, directors, employees, and agents (collectively, the “Indemnified Parties”), at all times from and against any liability, claims, demands, losses, damages, costs and expenses resulting from any act, default or omission of the Entrant and/or a breach of any warranty set forth herein. To the maximum extent permitted by law, Entrant agrees to defend, indemnify and hold harmless the Indemnified Parties from and against any and all claims, actions, suits or proceedings, as well as any and all losses, liabilities, damages, costs and expenses (including reasonable attorneys’ fees) arising out of or accruing from: (i) any Contest Entry Tweet or other material uploaded or otherwise provided by Entrant that infringes any copyright, trademark, trade secret, trade dress, patent or other intellectual property right of any person or defames any person or violates their rights of publicity or privacy; (ii) any misrepresentation made by Entrant in connection with the Contest; (iii) any non-compliance by Entrant with these Rules; (iv) claims brought by persons or entities other than the parties to these Rules arising from or related to Entrant’s involvement with the Contest; (v) acceptance, possession, misuse or use of any prize or participation in any Contest-related activity or participation in the Contest; (vi) any malfunction or other problem with the Contest Site in relation to the Tweet the Tweet Top Contest and participation in the Contest by Entrant; (vii) any error in the collection, processing, or retention of entry or voting information in relation to the Tweet the Tweet Top Contest and participation in the Contest by Entrant and in the voting process by consumers; or (viii) any typographical or other error in the printing, offering or announcement of any prize or winners in relation to the Tweet the Tweet Top Contest and participation in the Contest by Entrant.

15. ELIMINATION.

Any false information provided by Entrant may result in the immediate elimination of the entrant from the Contest.

16. INTERNET AND DISCLAIMER.

CAbi, Facebook, Twitter, Pinterest, Instagram and their respective parents, subsidiaries, affiliates, and advertising and promotion agencies and each of their respective officers, directors, employees, and agents (collectively, the “Released Parties”) are not responsible for any malfunction of the entire Contest Site or any late, lost, damaged, misdirected, incomplete, illegible, undeliverable, or destroyed Photos, Contest Entry Tweets or votes due to system errors, failed, incomplete or garbled computer or other telecommunication transmission malfunctions, hardware or software failures of any kind, lost or unavailable network connections, typographical or system/human errors and failures, technical malfunction(s) of any telephone network or lines, cable connections, satellite transmissions, servers or providers, or computer equipment, traffic congestion on the Internet or at the Contest Site, or any combination thereof, including other telecommunication, cable, digital or satellite malfunctions which may limit Entrant’s ability to participate. Released Parties are not responsible for the policies, actions, or inactions of others, which might prevent Entrant from entering, participating, and/or claiming a prize in this Contest. Sponsor’s failure to enforce any term of these Rules will not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Contest in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Contest. Entrant 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 Released Parties be liable for any amount in excess of Fifty Dollars ($50). Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

17. RIGHT TO CANCEL, MODIFY OR DISQUALIFY.

If for any reason the Contest is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Contest, CAbi reserves the right in its sole discretion to cancel, terminate, modify or suspend the Contest. CAbi further reserves the right to disqualify any Entrant who tampers with the submission process or any other part of the Contest or Contest Site. Any attempt by an Entrant to deliberately damage any web site, including the Contest Site, or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, CAbi reserves the right to seek damages from any such Entrant to the fullest extent permitted under applicable law.

18. NOT AN OFFER OR CONTRACT OF EMPLOYMENT:

Under no circumstances shall the submission of an Entry or Contest Entry Tweet to the Contest, the awarding of a prize, or anything in these Rules be construed as an offer or contract of employment with CAbi. Entrants acknowledge that they submitted their Photo(s) and Contest Entry Tweet voluntarily and not in confidence or in trust. Entrants acknowledge that no confidential, fiduciary, agency or other relationship or implied-in-fact contract now exists between Entrant and CAbi and that no such relationship is established by Entrant’s submission of an Entry and Contest Entry Tweet under these Rules.

19. FORUM AND RECOURSE TO JUDICIAL PROCEDURES:

These Rules shall be governed by, subject to, and construed in accordance with the laws of the State of California, United States of America, excluding all conflict of law rules. If any provision(s) of these Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect. TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, SEEK INJUNCTIVE RELIEF OR MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS CONTEST ARE HEREBY EXCLUDED, AND ENTRANTS EXPRESSLY WAIVE ANY AND ALL SUCH RIGHTS.

20. ARBITRATION:

BY ENTERING THE CONTEST, YOU AGREE THAT EXCLUSIVE JURISDICTION FOR ANY DISPUTE, CLAIM, OR DEMAND RELATED IN ANY WAY TO THE CONTEST WILL BE DECIDED BY BINDING ARBITRATION. ALL DISPUTES BETWEEN YOU AND CABI OF WHATSOEVER KIND OR NATURE ARISING OUT OF THESE RULES, SHALL BE SUBMITTED TO JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC. (“JAMS”) FOR BINDING ARBITRATION UNDER ITS RULES THEN IN EFFECT IN THE LOS ANGELES, CALIFORNIA, USA AREA, BEFORE ONE ARBITRATOR TO BE MUTUALLY AGREED UPON BY BOTH PARTIES. THE PARTIES AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL AND TO SHARE EQUALLY IN THE ARBITRATION COSTS INCURRED.

22. WINNER’S LIST:

You may request a list of winners after February 28, 2013 but before August 31, 2013 by sending a self-addressed stamped envelope to:

Tweet the Tweet Top Contest
CAbi LLC
18915 Laurel Park Road
Rancho Dominguez, CA 90220, USA
(Residents of Vermont need not supply postage).

 

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