MATERIAL GIRL LUCKY GIRL CONTEST RULES

DESCRIPTION: The “Material Girl Lucky Star Search” contest (the "Contest") begins at approximately 3:30 pm Eastern Time ("ET") on October 27, 2011, and ends at 12:00 pm ET on November 21, 2011 (the "Contest Period"). The Contest provides entrants (“Contestants”) with an opportunity to submit a photo along with a short essay (100 words or less) on the topic: “Why I’m a material girl.” (Collectively, the entry, photo and essay are the "Submission.") By participating in the Contest, Contestants unconditionally accept and agree to comply with and abide by these Official Rules, complete the entry form (the "Entry Form"), the Terms and Conditions of Use of the Website, and the decisions of “Sponsor,” as defined below, as to all matters concerning the Contest, which shall be final and binding in all respects. To the extent that the Terms and Conditions of Use of the Website and of these Official Rules conflict, the terms and conditions of these Official Rules shall prevail.

ELIGIBILITY: Open to legal residents of United States who are at least eighteen (18) years of age as of the start of the Contest Period. The Contest is void in Puerto Rico and the U.S. Virgin Islands, U.S. Military installations in foreign countries, all other U.S. territories and possessions, and wherever else restricted or prohibited by law.

SPONSOR: The Contest is sponsored by Iconix Brand Group, Inc., 1450 Broadway, 3rd Floor, New York, NY 10018; and Macy’s Corporate Services, Inc., 151 West 34th Street, NY 10001 (collectively, the “Sponsor”). Employees and officers of the Sponsor, their respective parents and subsidiaries, advertising and promotion agencies and all other entities participating in the design, promotion, marketing, advertising, administration or fulfillment of this Contest (the “Promotion Parties”) and their immediate families and persons living in the same household with such employees and/or officers are ineligible to participate in the Contest, which is subject to all applicable federal, state, and local laws and regulations.


HOW TO ENTER: There are two ways to enter.

  1. Website Entry: To enter, visit the Iconix Brand Group, Inc. Contest web site at wwww.materialgirlcollection.com (the “Entry Website”) during the Contest Period. Entry will take place via a custom link on the Material Girl Official Website. Contestants will be asked to complete an Entry Form and submit Contestant’s photo and essay. Once Contestant has created and completed the Submission, Contestant will be instructed to submit entry according to the on-screen instructions. A completed entry is (1) a fully completed Entry Form, with the photo and essay created in accordance with all instructions.

  1. Live: Show up at a participating Macy’s store, in one of the designated locations listed below at the specified time for that location and walk the runway. After walking the runway, each Contestant will be asked to complete the Entry Form, including the essay, and take a picture. The runway walk portion is for entertainment only and does not count towards the Contestant’s score. Each in-store Contestant will be judged on the basis of a completed entry that consists of a fully completed Entry Form, photo and essay, which will be reviewed as to originality and content to find the winner who best exemplifies and evidences being a material girl in a creative and exciting way, using the same criteria and on the same basis as the online entries. The participating Macy’s store locations and corresponding dates are listed below:

Date

Location

Time

November 2, 2011

Herald Square New York, New York

5:00pm

November 4, 2011

Dadeland, Miami

6:00pm

November 8, 2011

State Street Chicago, Illinois

5:30pm

November 12, 2011

Union Square San Francisco, California

2:00pm

November 19, 2011

Beverly Center Los Angeles, California

2:00pm

ENTRY SUBMISSION CONDITIONS. Submit only one (1) Submission per natural person during the Contest Period, please. No “group” entries and no entries by one person or entity on behalf of another person. There will be only one (1) round of entries for this contest. Incomplete entries, including but not limited to those entries that do not meet all of the requirements specified in these Official Rules for a complete and qualified Submission, will not be eligible for judging. All requested information on the Entry Form must be completed to enter and to be eligible to win. Submissions made electronically will be deemed to have been submitted by the Authorized Account Holder of the e-mail address submitted at time of Submission. "Authorized Account Holder" is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization (such as a business or educational institution) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. In the event of a dispute over the ownership of an e-mail address, the prize will be awarded to the Authorized Account Holder of the designated e-mail address who is the person identified by the photo component of the Submission. This Contest shall be governed by New York state law. By participating in this Contest, Contestants agree that New York courts shall have jurisdiction over any dispute or litigation arising from or relating to this Contest. Contestants are advised to retain copies of their Submissions for their records because the Submissions will not be acknowledged or returned and will become the property of Sponsor. Submissions must be received no later than 12:00am ET on November 21, 2011, as determined by Sponsor’s internal timekeepers. By submitting the Submission, each Contestant grants Sponsor the right to post, use and publish the Submission in any and all media, in perpetuity, including but not limited to, for purposes of the Contest. Contestants also may be asked to participate in a television special about the Contest and agree to sign additional releases. The television special will not affect the judging of the Contestants or the selection of the winners.

SUBMISSION REQUIREMENTS: Both entry methods will require each Contestant to provide: (1) Contestant’s name, address, telephone number and email address, photo and essay of 100 words (or less) on topic : “Why I’m a material girl”; (2) website Submission must be uploaded via online form provided within the Sponsor Iconix Brand Group, Inc.’s applications at materialgirlcollection.com; (3) elements of Contestant’s Submission provided by Contestant must be entirely Contestant’s own, original work; and (4) Contestant agrees that, once Contestant submits Submission, it becomes the property of Sponsor and is subject to the usage release provided above.

ADDITIONAL SUBMISSION GUIDELINES: Essay can be as creative as Contestant desires, within the following guidelines:

JUDGING AND NOTIFICATION: All entries will be screened for inappropriate content. There will be three rounds of judging. Except as otherwise stated in these Official Rules, personal information collected in connection with this Contest will be used in accordance with the privacy policy found on the Website materialgirlcollection.com and with the consent given by Contestant at the time of entering a Submission.  Any communication or information transmitted to Sponsor and/or the Website by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary.  Proof of submitting any Submission is not considered proof of delivery to or receipt of such Submission.  Furthermore, Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. Winners will be announced on or around December 15, 2011.


ROUND ONE: October 27-November 21, 2011: A panel of qualified judges selected by Sponsor will conduct judging of all Qualified Submissions received during the Contest Period.  Each Submission will be judged on the following criteria:

Creativity and originality (35 points)

Relevancy (i.e., effective communication of the Material Girl Message (35 points)

Quality of writing and appearance as displayed in photo (30 points)


Up to thirty-six (36) Submissions with the highest number of total points will be named “Semi-Finalists.” In the event of a tie, the tying entries will be re-scored to break the tie.  Any Submission that is considered by Sponsor in its sole discretion to be obscene, libelous, inapposite to the reputation of Sponsor, or otherwise objectionable or inappropriate, or which otherwise does not comply with these Official Rules will be disqualified.

ROUND TWO: November 28 thru December 5 All Semi-Finalist Submissions will be posted on materialgirlcollection.com (the “Voting Site”), for voting by fans using the same criteria.  Semi-Finalists’ last name and first initial, hometown or state, and portion of essay may be posted on Sponsor's and affiliates' websites and/or Facebook page. Voting is limited to one vote per natural person, please. Abuse may result in disqualification of votes and/or a Semi-Finalist. 

The ten (10) Submissions with the highest number of votes from unique visitors to the Voting Site will be deemed the "Finalists". In the event of a tie, there will be an additional vote-off, using the same criteria for an additional specified period of time to be determined by the Sponsor. Finalists will need to be available to travel to New York during December 5-December 15, 2011, for participation in Round Three.

ROUND THREE: On or around December 5-December 15, 2011, the Finalists’ Submissions will be presented to a panel of qualified judges. Submissions will be reviewed and scored according to the following criteria:

Visual quality of photo and representation of the Material Girl Message (35 points)

Passion and enthusiasm of photo and essay (35 points)

Creativity and originality of photo and essay (30 points)


Three (3) Contestants will be chosen from among the Finalists as the potential Grand Prize winners and will be the “Winners,” subject to complying with these Official Rules.  In the event of a tie, the tying entries will be re-scored by the qualified judges. 


PRIZE VALUE: Three (3) Grand Prizes will be awarded. Three Winners will be selected to be the new Material Girl “Lucky Stars.” Each Winner will receive a cash prize of $5,000(USD). Each Winner and one (1) guest (“Guest”) will be flown to New York, New York, where the Winners will participate in a two (2) day photo shoot. The photo shoot will be used for the Material Girl Spring 2012 advertising campaign, and such images and recordings taken during the photo shoot will be utilized in future media in perpetuity, pursuant to releases to be provided by each Winner. Winners and their Guests will receive roundtrip coach airfare, standard double occupancy hotel accommodations for two (2) nights and ground transportation in New York, New York. Approximate Retail Value (“ARV”) of each Grand Prize: $10,000(USD).


Grand Prize Winner and guest must travel together on the same itinerary, which date shall be arranged between Sponsor and Winners. Airfare is excluded for any Winner who resides within one hundred (100) miles of New York, New York, and no substitute prize will be awarded. Winner and Guest must have all necessary identification and travel documents. Choice of airline and hotel shall be at the discretion of Sponsor. Prizes may be awarded in the form of coupons, vouchers and/or gift cards. Once flight arrangements and hotel reservations have been issued, they may not be changed, re-sold, endorsed, exchanged, transferred or modified in any other manner by any Winner or other person other than Sponsor. Travel must be completed by on schedule established by Sponsor to accommodate the photo shoot. Winners and their Guests are solely responsible for any other expenses related to the Contest, Grand Prize or travel, including without limitation: additional meals, ground transportation, gratuities, incidental hotel expenses, baggage charges, upgrades and any and all federal, state, and local taxes on any prize. Winners are not entitled to any surplus between actual retail value of prize and stated ARV and any difference between stated ARV and actual value of any prize as awarded will not be given. No substitution, transfer, or cash redemption of prize and prizes are non-refundable, provided however, that Sponsor reserves the right to substitute a prize with another prize of equal or greater value should the advertised prize become unavailable for any reason. Any and all activities related to the prize, including without limitation travel, are at the risk of the Winners and their guests, including the risk of death, and subject to whatever restrictions are imposed by the entities that govern activities. Potential Winners will be notified by email by Sponsor or Sponsor’s representative and will be required to respond (as directed) via e-mail notification within 48 hours of attempted notification.  A failure to respond timely to the notification may result in forfeiture of the prize; and, in such case, Sponsor may choose the next highest scoring Contestant from among the remaining Finalists as a replacement Potential Winner. Potential Winners will be required to sign and return an Affidavit of Eligibility and Liability/Publicity Release ("Affidavit") and any other documents Sponsor or Sponsor’s representative may require within such 48 hours of receipt of the Affidavit. Failure to timely return a signed Affidavit or other required documents or the return of any prize notification as undeliverable will result in Prize forfeiture and Sponsor may choose the next highest scoring Contestant from among the remaining Finalists as a replacement. Guests each must sign a liability release and the signed release must be received before travel will be booked. Winners who are unable to travel on schedule to attend photo shoot may be disqualified and the next highest scoring Contestant may be selected as a potential winner. Except for winners, other Contestants will not receive cash or any other form of compensation.

LICENSE AND PUBLICITY RELEASE: By entering your Submission in the Contest, Contestants hereby grant Sponsor and its successors a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicenseable (through multiple tiers) and transferable license (with a right to create derivative works) to use, copy, distribute, perform, publicly perform and display your Submission, in any and all media, in whatever form, for any legal purposes whatsoever now known or hereinafter becomes known. Each Contestant irrevocably waives any and all so-called moral rights they may have in the Submission(s) submitted by him or her. No further grant is necessary and each Contest acknowledges that s/he is waiving valuable rights hereby. BY PARTICIPATING IN THE CONTEST, Contestant is knowingly and willingly consenting to the use of Contestant’s Submission in any and all media for any purpose, including without limitation, commercial, advertising and promotional purposes as well as in, on or in connection with the Website or the Contest or other promotions, and hereby release the Sponsor from any liability with respect thereto to the maximum extent permitted by law.

REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION: Each Contestant, by entering the Contest, further warrants and represents that Contestant’s Submission is the original work of the Contestant, has not been previously published, has not have won previous awards, and does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. By submitting a Submission, Contestant further warrants and represents that Contestant consents to the submission and use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to disqualify any Submission for any reason, in its sole and absolute discretion. If the Submission contains any material or elements that are not owned by the Contestant and/or which are subject to the rights of third parties, the Contestant is responsible for obtaining, prior to submitting the Submission, any and all releases and consents necessary to permit the use and exhibition of the Submission in the manner set forth in these Official Rules and the Terms and Conditions of Use of the Website. Sponsor reserves the right to request proof of any permissions or licenses you may have received, in a form acceptable to Sponsor from any Contestant at any time.


DATES AND DEADLINES/ANTICIPATED NUMBER OF CONTESTANTS: Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest. Sponsor cannot accurately predict the number of Contestants who will participate in the Contest but if too few Contestants enter, Sponsor reserves the right to cancel or alter the Contest.



NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each Contestant hereby acknowledges and agrees that the relationship between the Contestant and the Sponsor is not a confidential, fiduciary, or other special relationship, and that the Contestant’s decision to provide the Contestant’s Submission to Sponsor for purposes of the Contest does not place the Sponsor in a position that is any different from the position held by members of the general public with regard to elements of the Contestant’s Submission. Each Contestant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the Contestant’s copyright in and to the Submission. Finally, each Contestant acknowledges that, with respect to any claim by Contestant relating to or arising out of any Sponsor actual or alleged exploitation or use of any Submission or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable Contestant will not be irreparable or otherwise sufficient to entitle such Contestant to seek injunctive or other equitable relief in any way.


PRIVACY POLICY: BY ENTERING THIS CONTEST, EACH CONTESTANT ACKNOWLEDGES THAT HIS OR HER FIRST NAME, LAST INITIAL AND HOMETOWN MAY BE ANNOUNCED ONLINE. CONTESTANT FURTHER HEREBY ACKNOWLEDGES AND AGREES THAT: (i) THE CONTESTANT HAS OPTED-IN TO ICONIX BRAND GROUP, INC.’S PRIVACY POLICY LOCATED AT materialgirlcollection.com (ii) BY OPTING-IN, THE CONTESTANT HAS READ AND CONSENTS TO ICONIX BRAND GROUP, INC.’S PRIVACY POLICY. EACH CONTESTANT FURTHER ACKNOWLEDGES THAT IF S/HE IS CHOSEN AS AN ACTUAL PRIZE RECIPIENT, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES (AT LEAST AS REQUIRED BY LAW), INCLUDING, WITHOUT LIMITATION, ON AN ONLINE PAGE LISTING PRIZE RECIPIENT(S).

GENERAL LIABILITY RELEASE/FORCE MAJEURE: Contestants agree that the Sponsor and the Promotion Parties shall not be responsible or liable for any losses, damages or injuries of any kind resulting from the Contest or any Contest-related activity. Sponsor and the Promotion Parties assume no responsibility for any damage to an Contestant’s computer system which is occasioned by accessing the Website or participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Without limiting the generality of the foregoing, Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, lost, damaged or stolen Submissions or notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet Service Providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed, or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties or other errors of any kind or nature; or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event Sponsor is prevented from continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, earthquake, explosion, labor dispute or strike, act of God or public enemy, or any federal, state or local government law, order, or regulation, or other cause not reasonably within Sponsor’s control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Contest. If the Contest is terminated before the designated end date, Sponsor will (if possible) select the winners from all eligible, non-suspect Submissions received as of the date of the event giving rise to the termination. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.


DISPUTES. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be made available and/or claimed, Sponsor reserves the right to award only the stated number of prizes. Except where prohibited, each Contestant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize offered and/or awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County, New York; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest and only on an individual basis, but in no event include any attorneys’ fees and/or costs; and (3) under no circumstances will Contestant be permitted to obtain awards for, and Contestant hereby waives all rights to claim any indirect, punitive, incidental and consequential damages or any damages whatsoever other than for such actual out-of-pocket expenses or to have and any right to have damages multiplied or otherwise increased or aggregated. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the respective rights and obligations of Contestant and Sponsor in connection with the Contest, 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.

WINNERS LIST/OFFICIAL RULES: To obtain names of the winners, send a self-addressed, stamped envelope to Iconix Brand Group, Inc., “Material Girl Lucky Star Contest” Winner's List, 1450 Broadway, 3rd Floor, New York, NY 10018. All such requests must be received no later than February 1, 2012. These Official Rules and Winners’ names will be posted on the Website.