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J. Mendel

Legal

THE ULTIMATE HANDBAG CONTEST BY J.MENDEL OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. MAKING A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING.

THE ULTIMATE HANDBAG CONTEST BY J.MENDEL SWEEPSTAKES (THE “PROMOTION”) IS OPEN ONLY TO NATURAL PERSONS WHO ARE LEGAL RESIDENTS OF THE UNITED STATES OF AMERICA AND WHO ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AT THE TIME OF ENTRY. ENTRY IN THIS PROMOTION CONSTITUTES ACCEPTANCE OF THESE OFFICIAL RULES.

CONSUMER DISCLOSURE
You have not yet won

By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may, at Sponsor’s discretion, result in disqualification. All decisions of the Sponsor regarding this Promotion are final and binding in all respects.

SPONSOR. This Promotion is sponsored by J.Mendel, 463 7th Avenue, New York, NY 10018 (the “Sponsor”).

PRIZE DESCRIPTION: The prize consists only of the following: (i)J. Mendel Melodie Classic Handbag. Approximate Retail Value of the total prize (“ARV”) shall not exceed $4,000 USD.

ODDS OF WINNING: There will be one (1) prize winner. The odds of winning this Promotion depend on the number of eligible entries received.

ELIGIBILITY: This Promotion is only open to natural persons who are legal residents of the 50 United States and District of Columbia who are at least 18 years old as of the date of entry. Officers, directors, members, and employees of Sponsor, the judging organization (if applicable), or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, as such individuals are not eligible to enter. This Promotion is void outside the 50 United States and the District of Columbia, and where prohibited.

PROMOTION PERIOD. This Promotion starts at 9:00:00 AM EST on March 20, 2015 and ends at 11:59:00 PM EST on March, 24, 2015, when all entries must be received (the “Promotion Period”).

HOW TO ENTER: (1) Visit the Sponsor’s website at www.jmendel.com/bridal-experience and follow the instructions to complete and submit the entry form. All entries become the property of the Sponsor and will not be acknowledged or returned. Limit one entry per person and one entry per e-mail address during the Promotion Period. All entry information provided, including e-mail addresses, may be used by Sponsor in accordance with Sponsor’s Privacy Policy located at http://www.jmendel.com/legal/ . By providing your email address, you are opting “in” to receive email notifications from J. Mendel. You may opt-out of receiving email notifications from J. Mendel by following the instructions under the “Opt-Out/Choice” heading of Sponsor’s Privacy Policy. (2) Publish a photo on their Instagram account which in their view, best represents New York City Architecture, using the reference #jmendelhandbag. If Instagram is used, participants should ensure that they:
 
- indicate their "Instagram username". 
- have an Instagram account in their name. 
- take an original photograph on the theme mentioned.
- Publish the photograph on their Instagram account making sure that the reference #jmendelhandbag is entered into the caption field. No other method of participation is allowed.
 
Only the photographs published up until 24 March 2015 (included) will be accepted for the competition. Any entries submitted after this date will not be accepted. 
Any entries which are incomplete, incomprehensible, inaccurate or do not comply with the terms and conditions outlined above will not be accepted and as a result the entry will be null and void.
Entries to the competition may only be via the internet and entries by post, telephone, fax or e-mail will not be accepted. 
By taking part in the competition players agree to act in good faith, to comply strictly with the rules of the competition and respect the rights of other Players.
 
VALIDITY OF PHOTOGRAPHS. Participants are solely responsible for the photographs that they publish.

1. Each participant must guarantee that he or she was indeed the person who took the photograph entered into the competition. Players accept that each photograph published and shared as part of the competition is an original creation with no infringement of the rights of third parties whoever they may be and on whatever basis. 
All participants agree to allow the photos that they have published to be visible on different media, including social media pages and on the J. MENDEL site and this for the entire duration of the competition. 
All participants agree to ensure prior to their participation in this competition that they have: 
- the permission of the persons shown in the photographs and that of their parents if any under 18s are featured in the photo. 
J. MENDEL requires a discharge of rights from any person who is identifiable. The rules state that any person in a thick crowd or shown from behind or very far away is not regarded as identifiable. 
The liability of J. MENDEL may not be incurred in this respect. 
- the authorisation from the owners of any property photographed 
J. MENDEL requires a discharge of rights, and the liability of J. MENDEL may not be incurred in this respect. 
Each participant therefore guarantees that J. MENDEL is covered against any legal recourse, claim, or action brought by a third party in respect of each photograph submitted. 

2. Each participant shall also undertake not to publish: 
- Any photograph of a pornographic, paedophile, racist or xenophobic nature  
- Any photograph which denigrates or is likely to harm any way whatsoever the image, the private life, honour, reputation and/or esteem of any person or company 
- Any photograph which incites criminal acts, hatred, violence, or suicide 
- Any photograph accompanied by (and/or containing) demeaning or defamatory comments 
- Any photograph inciting public disorder and which is contrary to common decency 
- And more generally, any photograph which is not compliant with current regulations and legislation. 
J. MENDEL expressly reserves the right to disqualify without justification under the terms of the competition any photograph which it considers as not complying, either fully or partly, with the conditions of validity set forth above or which is likely to harm its image. 

 J. MENDEL also reserves the right to take legal action if necessary against participants.

WINNER SELECTION AND NOTIFICATION: Winner selection will be conducted by the J. Mendel E-commerce Manager, J. Mendel Creative Director and J. Mendel Vice President of Advertising from all eligible entries on or about March 25, 2015 (the “Drawing Date”) at Sponsor’s offices at 463 7th Avenue, New York, NY 10018. Any potential winner will be notified by email and/or telephone. If a potential winner: (i) cannot be contacted; (ii) does not respond within five (5) days from the date the Sponsor first tries to notify him/her; (iii) fails to return the affidavit and release as specified below; (iv) refuses the prize; (v) fails to meet the eligibility requirements set forth herein; and/or (vi) the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared the “winner” of the Promotion. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Promotion or in the announcement of the prizes.

NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. No substitution or compensation will be given for any portion of the prize that is not used. Any portion of the prize that is not used is forfeited.

CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, judging organization (if applicable), and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands or actions of any kind (including without limitation breach of contract, reliance, personal injuries, death, damage to, loss or destruction or property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited, (i) entry into the Promotion constitutes the consent of the entrant, without further compensation, use the name, likeness, biographical data, and contact information of any potential winner and his/her guest for editorial, advertising, marketing, publicity, and administrative purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; (iii) the potential winner consents to executing an affidavit of eligibility and a liability/publicity release, as may be required by Sponsor; and (iv) if the prize involves travel or participation in activities, the potential winner and travel companion (if applicable) consents to executing a release of the Sponsor from any and all liability with respect to such potential winner’s participation in such travel/activities and/or use of the prize. Affidavits and releases must be returned within five (5) days from the date that Sponsor first tries to notify the potential winner. The failure to return any required affidavit or consent within such five (5) day period shall result in forfeiture of the prize. Sponsor may conduct a background check to confirm any potential winner’s eligibility and compliance with these Official Rules. By entering, you agree to cooperate reasonably with any such background check. If the prize includes participation in any public event(s) or publicity, or if Sponsor Entities intend to publicize the winner in any way, and if a background check reveals that a potential winner has engaged in conduct that could damage the reputation or business of any Sponsor Entity, as determined by Sponsor in its discretion, the potential winner may be disqualified and the prize may be awarded to an alternate winner.

DISCLAIMERS. (i) Sponsor not responsible for entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s servers or elsewhere. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet Access Provider, online service provider, or other organization (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry process or the operation of the web site or otherwise attempting to undermine the legitimate operation of the Promotion. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor. (iii) Sponsor further reserves the right to cancel, terminate or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution or production errors, and may cancel, terminate or modify this Promotion based upon such error at its sole discretion without liability. In no event will Sponsor be responsible for awarding more than the number of prizes specified in these rules. (v) In the event this Promotion is cancelled or terminated, pursuant to subparagraph (iii) or (iv), Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. (vi) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE.

DISCLOSURE: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of New York, without regard to any principles of conflict of laws. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. To the extent permitted by applicable law, all judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental and/or consequential damages. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern and control.

WINNER LIST. For the name of the winner, send a self-addressed stamped envelope, within six (6) months of the Drawing Date, to: Winner List, Ultimate Handbag Contest By J.Mendel Sweepstakes, J. Mendel, 463 7th Avenue, New York, NY 10018.