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Rock Your Colors Photo Sweepstakes Official Rules

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Page 1: Rock Your Colors Photo Sweepstakes Official Rules

ROCK YOUR COLORS PHOTO SWEEPSTAKES OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. DATES OF SWEEPSTAKES: The “ROCK YOUR COLORS PHOTO SWEEPSTAKES” (the “Sweepstakes”) begins at 9:00:01 AM Eastern Time (“ET”) on February 3, 2014 and ends at 9:00:00 PM ET on March 16, 2014 (the “Sweepstakes Period”) and consists of six (6) weekly sweepstakes periods as set forth below (each a “Weekly Entry Period”): Week Start Time/Date End Time/Date

1 February 3, 2014 at 9:00:01 AM ET February 9, 2014 at 9:00 AM ET

2 February 10, 2014 at 9:00:01 AM ET February 16, 2014 at 9:00:01 AM ET

3 February 17, 2014 at 9:00:01 AM ET February 23, 2014 at 9:00:01 AM ET

4 February 24, 2014 at 9:00:01 AM ET March 2, 2014 at 9:00:01 AM ET

5 March 3, 2014 at 9:00:01 AM ET March 9, 2014 at 9:00:01 AM ET

6 March 10, 2014 at 9:00:01 AM ET March 16, 2014 at 9:00:01 AM ET ELIGIBILITY: In order to be eligible for entry into the Sweepstakes, you must be a legal permanent United States resident residing in the 50 United States or the District of Columbia (D.C.) and at least 18 years of age as of February 3, 2014 (the “Entrant”). Employees and their immediate family members (parents, children, siblings or spouse, regardless of where they live, or persons living in same household, whether related or not) of Collegiate Licensing Company, LLC (the “Sponsor”), its parent company, subsidiaries, franchisees, affiliates, contractors, consultants, legal counsel, public relations, divisions, subsidiaries, distributors, sales representatives, retailers, website providers, webmasters, advertising and promotional, fulfillment, and marketing agencies, and any others engaged in the development, production, execution or distribution of this Sweepstakes (the “Sweepstakes Entities”) are not eligible to participate. Sweepstakes is void in Puerto Rico, U.S. territories and possessions outside of the 50 United States/D.C., and where restricted or prohibited by law. HOW TO ENTER: To enter the Sweepstakes: visit https://www.facebook.com/Collegecolors, “Like” the page and post one (1) photo of yourself wearing college colors as a new post on the Sponsor’s Facebook “Wall” or status to receive one (1) entry into the Sweepstakes. Entrant’s submissions require a picture of him or her wearing college colors. Limit (1) entry for each weekly drawing during the Sweepstakes Period. YOUR PHOTO MUST BE ORIGINAL TO YOU. Photos must be in the following file formats: .jpg, .png, must be no larger than 20 MB in size, and must conform will all submission requirements set forth herein including the Entry Requirements. Photos will not be judged.

Page 2: Rock Your Colors Photo Sweepstakes Official Rules

Entrants may not register with multiple email addresses/Facebook accounts nor may entrants use any other device or artifice to register multiple times or as multiple registrants. Any Entrant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to register/play multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. Should multiple users of the same Facebook account and/or email account enter the Sweepstakes and a dispute thereafter arise regarding the identity of the entrant, the authorized account holder of said account at the time of entry will be considered the entrant. “Authorized account holder” is defined as the natural person who is assigned an e-mail address by an Internet access provider, on-line service provider or other organization which is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Entrants who do not follow all of the instructions, provide the required information in their registration form, or abide by these Official Rules or other instructions of Sponsor may be disqualified. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error which may occur in the processing of the entries. Neither Sponsor nor any Sweepstakes Entities are responsible for any online entry that is lost, late, misdirected or undeliverable, whether due to system errors, omissions, interruption, deletions, defects, delay in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors and failures, faulty transmissions, technical malfunctions, or otherwise. No mechanically or programmatically reproduced entries are permitted. Late entries, or entries sent via any other method will not be accepted. Sponsor is not responsible for lost, late, illegible, incomplete, delayed, misdirected entries and all such entries are void. Sponsor has no obligation to acknowledge receipt of or to return any entry received. If you are selected as a winner, your information may also be included in a publicly-available winner’s list. BY SUBMITTING AN ENTRY, ENTRANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ON SPONSOR’S WEBSITE OR FACEBOOK PAGE, IN SPONSOR’S DISCRETION. Submission of an entry grants Sponsor and its agents an unlimited, worldwide, perpetual, license and right to publish, use, publicly perform the entry in any way, in any and all media, without limitation, and without consideration to the entrant. By submitting an entry into the contest, you hereby warrant and represent that your entry conforms to all of the following the requirements (the “Entry Requirements”):

● Entry must comply with these Official Rules and any Terms of Service on Facebook.com; ● Entry cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any

ethnic, racial, gender, religious, professional or age group, profane or pornographic, contain nudity or any materially dangerous activity;

● Entry cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message;

● Entry cannot be obscene or offensive, endorse any form of hate or hate group; ● Entry cannot defame, misrepresent or contain disparaging remarks about Sponsor or its

Page 3: Rock Your Colors Photo Sweepstakes Official Rules

products, or other people, products or companies; ● Entry cannot infringe on trademarks, logos, or trade dress owned by others, or advertise

or promote any product of any kind, without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses;

● Entry cannot infringe copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art or images published on or in websites, television, movies or other media) without permission;

● No background artwork should appear in an entry unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Entries must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein;

● Entry cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, without permission;

● Entry cannot communicate messages or images inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate; and

● Entry cannot depict, and cannot itself, be in violation of any law. If you think that a Contest entry infringes on your intellectual property rights, please contact our designated agent by mail at Daniel Fogel, The Collegiate Licensing Company, 1075 Peachtree Street, NE Suite 3300, Atlanta, GA 30039 or by email at [email protected]. ENTRIES POSTED TO THE WEBSITE WERE NOT EDITED BY SPONSOR AND ARE THE VIEWS/OPINIONS OF THE INDIVIDUAL ENTRANT AND DO NOT REFLECT THE VIEWS OF SPONSOR IN ANY MANNER. Any waiver of any obligation hereunder by Sponsor does not constitute a general waiver of any obligation to entrants. Sponsor reserves the right to waive the Entry Requirements set forth herein in its reasonable discretion. Sponsor further reserves the right, in its reasonable discretion, during or upon completion of the Sweepstakes Period to request that any entrant resubmit his or her entry that fails to comply with the entry requirements prior to any drawing. By submitting an entry, you agree that your submission is gratuitous and made without restriction, and will not place Sponsor under any obligation, that Sponsor is free to disclose or otherwise disclose the ideas contained in the entry on a non-confidential basis to anyone or otherwise use the ideas without any additional compensation to you. You acknowledge that, by acceptance of your submission, Sponsor does not waive any rights to use similar or related ideas previously known to Sponsor, or developed by its employees, or obtained from sources other than you. Sponsor reserves the right to, and may or may not, monitor/screen entries prior to posting them to the Website. By entering, you acknowledge that Sponsor has no obligation to use or post any entry you submit. By submitting an entry you warrant and represent that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; (e) that you have obtained permission from any person who's name or likeness is used in the entry; and (f) and that publication of the entry via various media including Web posting, will not infringe on the rights of any third party rights. Any such entrant will

Page 4: Rock Your Colors Photo Sweepstakes Official Rules

indemnify and hold harmless, Sponsor and administrator from any claims to the contrary. Any entrant whose work includes likenesses of third parties or contains elements not owned by the entrant (such as, but not limited to, depictions of persons, buildings) must be able to provide legal releases for such use including Sponsor’s use of such entry, in a form satisfactory to administrator, upon request, prior to award of prize. By accepting a prize, the winner agrees that its entry will be deemed a Work Made For Hire under the Copyright laws of the United States, but if it cannot be so deemed, then the winner irrevocably assigns and transfers to Sponsor all of his/her right, title and interest in and to his/her entry, including all but not limited to all copyright and trademark rights which he or she may have, in the United States and worldwide, therein, for consideration, the receipt and sufficiency of which is hereby acknowledged. Winner hereby waives in favor of Sponsor, all rights of “Droit Moral” or “Moral Rights of Authors” or any similar rights or principles of law that winner may now or later have to their entry. Sponsor reserves the right to alter, change or modify the winning entry, in its sole discretion. Upon request of Sponsor, winner shall execute and deliver such additional instrument of assignment, as may be solely deemed by Sponsor, reasonably necessary to establish the ownership of record of the right, title and interest in and to the entry and of the copyrights transferred and “Moral Rights of Authors” waived under these Official Rules. Should Sponsor fail to request the said assignment as stated, that shall not be deemed a waiver of Sponsor’s rights and Sponsor may at a later time request the assignment. DRAWING: During each Weekly Entry Period, seven (7) winners will be selected in a random drawing, from among all eligible entries received during the Sweepstakes Period as set forth below. Odds of winning depend upon the total number of eligible entries received for the respective Weekly Entry Period. Non-winning entries from one Weekly Entry Period will not roll over into subsequent Weekly Entry Periods. Weekly Entry Period Drawing Date

1 On or around Feb. 9

2 On or around Feb. 16

3 On or around Feb. 23

4 On or around March 2

5 On or around March 9

6 On or around March 16 PRIZES (42): During each Sweepstakes Entry Period, seven (7) winners will receive one (1) $25 gift card to Lids. Approximate Retail Value (“ARV”) of each prize: $25. Total ARV of all prizes to be awarded is $1,050.00. Gift cards are subject to the terms and conditions set by issuer. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute prize with another prize of equal or greater value.

Page 5: Rock Your Colors Photo Sweepstakes Official Rules

Names of prize manufacturers are used solely for the purpose of identification of the prize. No endorsement, authorization, sponsorship, or approval by Lids for this Sweepstakes is intended or implied. PRIZE RESTRICTIONS: Prizes cannot be substituted for cash, and are non-transferrable. Prize winners are required to comply with any and all applicable federal, state and local laws, rules and regulations. Sponsor reserves the right to substitute a prize of equal or greater value if prize becomes unavailable due to reasons beyond the control of the Sponsor. Limit of one (1) prize per person/household. Sponsor will not replace any lost or stolen prizes. All prize winners consent (and agree to consent in writing, if requested) to the Sponsor’s use of his/her name, likeness, biographical information, and photograph for advertising and/or publicity purposes in any and all media now know or hereinafter invented, worldwide, without time limitations and without additional compensation, except where prohibited by law. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used. Unclaimed prizes will not be awarded. WINNER NOTIFICATION AND VERIFICATION: Potential winners will be notified by a comment beneath their entry up to (1) month after the Sweepstakes Period ends. All prizes will be shipped within 3 to 4 weeks from the date of verification. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants. Potential winners are subject to verification, including verification of age. If a potential winner is found not to be eligible or not in compliance with these Official Rules, or if prize notification or any prize is returned as undeliverable, the potential winner will be disqualified. In the event that a potential winner is disqualified for any reason, Sponsor reserves the right to award the prize to an alternate entrant who will also be selected randomly, even if the disqualified potential winner’s name has been publicly announced. Winners may be required to complete, sign and return an Affidavit of Eligibility/Liability Release, and, where lawful, a Publicity Release, within 14 days of attempted notification or prize may be forfeited. Prizes won by an eligible entrant who is a minor in his/her state of residence will be awarded to minor’s parent or legal guardian who must sign and return all required documents. GENERAL RULES OF PARTICIPATION: By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final in all respects and not subject to appeal. Sponsor reserves the right to disqualify permanently from this Sweepstakes any Entrant it believes has violated these Official Rules and verify eligibility of Entrants. Neither Sponsor nor anyone acting on its behalf will enter into any communications with any Entrant regarding this Sweepstakes, except as expressly set forth in these Official Rules. By participating in this Sweepstakes, Entrants and winners (or their parent or legal guardian if an eligible minor) agree (and agree to confirm in writing) to release the Sponsor, Facebook, Inc. and their respective representatives, agents, successors, assigns, officers, directors and employees from any and all liability, damages or causes of action (however named or described) with respect to or arising out of participation in the Sweepstakes, and/or the receipt or use/misuse of the prizes awarded, including, without limitation, liability for personal injury, death or property damage. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Entrants assume all risk of loss, damage, destruction, delay or misdirection of Sweepstakes materials submitted to Sponsor. Sponsor may disqualify or prohibit an Entrant from participating in the Sweepstakes or winning a prize if, in

Page 6: Rock Your Colors Photo Sweepstakes Official Rules

its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, deception, tampering with, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants, and Sponsor. If for any reason this Sweepstakes is not able to be conducted as planned, including, but not limited to, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes and randomly draw from those entries received up to the cancellation/suspension date to award the prizes. CAUTION: ANY ATTEMPT BY AN ENTRANT TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. ARBITRATION/GOVERNING LAW: Any controversy or claim arising out of or relating to the Sweepstakes shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply Georgia law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties. THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE ENTRANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. DO NOT ENTER THIS CONTEST IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

Page 7: Rock Your Colors Photo Sweepstakes Official Rules

BY PARTICIPATING IN THE SWEEPSTAKES, EACH ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY ENTRANT.

The Official Rules and Sweepstakes are governed by US law and are subject to all applicable federal, state and local laws and regulations. All issues and questions concerning the construction, validity, interpretation and enforceability of the Sweepstakes Official Rules, or the rights and obligations of Entrant and Sponsor in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Georgia, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in this section of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of Georgia, in the City of Atlanta.

WINNER’S LIST REQUEST: To receive a winner’s list, send a self-addressed stamped envelope to: “Rock Your Colors Photo Sweepstakes”, 1170 Peachtree Street, N.E. #1600 Atlanta, GA 30309. All requests must be received by December 31, 2014.

SPONSOR: Collegiate Licensing Company, LLC, 1075 Peachtree Street, Suite 3300, Atlanta, GA 30309.

Any questions, comments or complaints regarding this Sweepstakes shall be directed to Sponsor and not to Facebook. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook. You understand that you are providing your information to Sponsor and not to Facebook. The information you provide will only be used as provided in Sponsor's privacy policy, located at http://www.clc.com/Footer/Privacy-Policy.aspx . ABBREV. RULES NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER OR WIN. A PURCHASE

Page 8: Rock Your Colors Photo Sweepstakes Official Rules

WILL NOT INCREASE YOUR CHANCES OF WINNING. Sweepstakes begins 2/3/14 at 9:00:01 AM ET and ends 3/14/14 at 9:00:00 PM EST. Sweepstakes consists of 6 weekly entry periods. Must be 18 or older and a legal resident of 50 US or DC to enter. Subject to Official Rules. Void where prohibited. SPONSOR: Collegiate Licensing Company, LLC, 1075 Peachtree Street, Suite 3300, Atlanta, GA 30309.