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"DECLARE YOUR STYLE" CONTEST OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF AZ, CA, ID, NV, NM, TX, UT AND MEXICO, 13 OR OLDER. VOID OUTSIDE AZ, CA, ID, NV, NM, TX, UT AND MEXICO AND WHERE PROHIBITED.

1) ELIGIBILITY: The "Declare Your Style" Contest (the "Contest") is open to legal residents of AZ, CA, ID, NV, NM, TX, UT and Mexico who are 13 years of age or older at the time of entry. Void outside AZ, CA, ID, NV, NM, TX, UT and Mexico and where prohibited by law. Employees of Mervyn's LLC ("Sponsor"), Haley Miranda Group, Inc. ("Administrator" or "Judges"), and their respective parents, affiliates, subsidiaries, retailers and advertising and promotion agencies, as well as the immediate family (spouse, parents, siblings, children and each of their respective spouses, regardless of where they reside) and household members of each such employee, whether related or not, are not eligible to enter or win. An eligible minor must have his/her parent's or legal guardian's permission to enter this Contest. The Contest is governed by U.S. law and is subject to all applicable federal, state, and local laws and regulations.

2) TIMING: The Contest begins at 12:01 a.m. Pacific Daylight Time ("PDT") on 7/10/08 and ends at 11:59 p.m. PDT on 8/31/08 (the "Contest Period").

3) HOW TO ENTER: During the Contest Period, you may either 1. produce a video of no longer than two (2) minutes OR 2. produce a photo with an essay of no more than one-hundred (100) words that demonstrates how you express your unique style (collectively, with entry form, and declaration, "Entry"). To enter the contest, visit declareyourstyle.com and follow the directions provided to register. Registration is free. Then, log in to your account and follow the directions to complete the entry form and either (i) upload your video OR (ii) upload your photo and essay, including declaration line (e.g., "I declare that music soothes the soul."), and submit. Video must be submitted in .avi, .flv, .mpeg, .qt, .swf or .wmv format and cannot exceed 16.5MB in size. Photo must be submitted in .bmp, .gif, .png, .pnm or .tiff format and cannot exceed 1MB in size. All Entries must be received by 11:59 p.m. PDT on 8/31/08 to be considered. Enter as many times as you would like; however, each Entry must be unique (i.e., substantially different from any other Entry submitted by you). Duplicate Entries will be void. All Entries become the property of Sponsor and will not be acknowledged or returned. Entries generated by script, macro or other automated means will be void. In the event of a dispute as to who submitted any Entry, the authorized account holder of the email address used to participate will be deemed to be the entrant provided he/she is eligible per these Official Rules. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder.

4) REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor or Administrator, in its sole discretion, any content that:

  • is sexually explicit or suggestive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; contains nudity;
  • promotes alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing); promotes any activities that may appear unsafe or dangerous; promotes any particular political agenda or message;
  • is obscene or offensive; endorses any form of hate or hate group; appears to duplicate any other submitted Entries;
  • defames, misrepresents or contains disparaging remarks about other people or companies; contains any personal identification, such as license plate numbers, personal names, email addresses or street addresses;
  • contains 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;
  • contains materials embodying the names, likenesses, voices, or other indicia identifying any person, including, without limitation, celebrities and/or other public or private figures, living or dead, without permission;
  • contains look-alikes of celebrities or other public or private figures, living or dead;
  • communicates messages or images inconsistent with the positive images and/or good will to which Sponsor wishes to associate; and/or
  • violates any law.
Sponsor or Administrator reserves the right to void any entry containing trademarks, logos, or trade dress (such as distinctive packaging or building exteriors/interiors) owned by others, without permission. Entry must be the original work of the entrant, must be in English or Spanish, may not have been previously published, may not have won previous awards, and must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the Entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the Entry, any and all releases and consents necessary to permit the use and exhibition of the Entry by Sponsor in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the Entry. Sponsor or Administrator reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. If any identifiable person appearing in the Entry is under the age of majority in his/her jurisdiction of residence, his/her parent or legal guardian is required to provide permission. Failure to provide such proof may, if requested, render Entry null and void. By submitting an Entry, entrant (and, if an eligible minor, his/per parent or legal guardian) warrants and represents that he/she and any persons appearing or who are identifiable in the Entry consent to the submission and use of the Entry in the Contest and to its use as otherwise set forth herein.

By submitting an Entry, entrant (and, if an eligible minor, his/her parent or legal guardian) hereby grants permission for the Entry and the content thereof to be posted on declareyourstyle.com or other websites. Entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that Releasees (as defined below) are not responsible for any unauthorized use of Entries by third parties. Releasees do not guarantee the posting of any Entry.

5) VOTING: All eligible Entries will be featured at declareyourstyle.com between 12:01 a.m. PDT on 7/10/08 and 11:59 p.m. PDT on 8/31/08 ("Voting Period"). During the Voting Period, individuals who are at least 13 years of age will be invited to declareyourstyle.com to select the Entry that they feel best expresses a unique style. Limit one (1) vote per person, per email address and per IP address per unique Entry per day during the Voting Period. Votes received in excess of the stated limit for any unique Entry from any person, email address or IP address will be void. Entrants are prohibited from obtaining votes by any fraudulent or inappropriate means, including, without limitation, offering prizes or other inducements to members of the public, as determined by Sponsor in its sole discretion. Subject to verification of eligibility and compliance with these Official Rules, the entrant that receives the highest number of valid votes, as determined by Sponsor, will be deemed the Grand Prize winner. Subject to verification of eligibility and compliance with these Official Rules, the two (2) Entries that receive the second and third highest number of valid votes, as determined by Sponsor, will be deemed the First Prize winners. Subject to verification of eligibility and compliance with these Official Rules, the fifty (50) Entries that receive the next highest number of valid votes, as determined by Sponsor, will be deemed the Second Prize winners. In the event of a tie, the Judges, in their sole discretion, will select the winner(s) based on the most unique style expressed. Use of script, macro or any automated system or other improper means to vote or with the intent to impair the integrity of the voting process is prohibited and all such votes will be void.

Potential Grand Prize and First Prize winners will be notified by phone and/or registered mail and will be required to execute and return an affidavit of eligibility/liability release, tax form and, where legal, a publicity release (collectively, the "Eligibility Documents") within five (5) calendar days of date of issuance. Third Prize winners will be notified by email. If a potential winner cannot be reached within two (2) calendar days from the first notification attempt, or in the event of noncompliance within the above stated Eligibility Documents time period, with these Official Rules, or if a prize or prize notification is returned as undeliverable, prize will be forfeited and, at Sponsor's sole discretion, an alternate winner may be selected. If any winner is an eligible minor, Sponsor reserves the right to award prize in the name of his/her parent or legal guardian, who will be responsible for fulfilling all requirements imposed on winners set forth herein.

6) OWNERSHIP/USE OF ENTRIES: By submitting an Entry, each entrant agrees Sponsor shall own the Entry submitted (including all rights embodied therein) and that it and its designees may exploit, edit, modify, and distribute the Entry and all elements of such Entry, including, without limitation, the names and likenesses of any persons embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity without compensation, permission or notification to entrant or any third party.

7) PRIZES: Grand Prize (1): A USD $10,000 check, which may be used toward school tuition.
First Prize (2): A USD $2,500 check, which may be used toward school tuition.
Second Prize (50): A USD $100 Mervyns Gift Card.

Prizes are awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. Gift cards are subject to certain terms and conditions as specified by Sponsor. No substitution, assignment, cash equivalent or transfer of prizes is permitted, except by Sponsor, who reserves the right to substitute a prize with another prize of comparable or greater value, at its sole discretion. Total ARV of all prizes: $20,000. All prize details are at the sole discretion of the Sponsor.

8) TAXES AND EXPENSES: Winners are solely responsible for all federal, state, provincial and local taxes (including income and withholding taxes) and all other fees and expenses associated with prize acceptance and use not specified herein as being awarded.

9) CONDITIONS OF ENTRY: By participating, each entrant (and, if an eligible minor, his/her parent or legal guardian) fully and unconditionally agrees to and accepts these Official Rules and the decisions of Sponsor, Administrator and Judges, which are final and binding in all matters related to the Contest. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Contest or to be acting in violation of these Official Rules, or in an unsportsmanlike or disruptive manner and void all associated Entries.

10) GENERAL CONDITIONS: By participating, entrants (and, if eligible minors, their parents or legal guardians) consent to the use of their names, cities and states of residence, voices, and/or photographs and/or similar related information for promotional, advertising and other purposes in any and all media now or hereafter known throughout the world in perpetuity by Sponsor and its designees, without additional compensation, notification or permission, except where prohibited by law. Entrants (and, if eligible minors, their parents or legal guardians) agree to release and hold harmless Sponsor, Administrator, Judges and their respective parent companies, affiliates, subsidiaries, divisions, suppliers, distributors, retailers, and advertising and promotion agencies, and all of their respective officers, directors, shareholders, employees, and agents (collectively, "Releasees") from any claims, actions, injury, liability, loss or damage of any kind resulting from participating in this Contest or from the acceptance, use of any prize awarded or from Releasees' use of any rights granted herein.

11) LIMITATIONS OF LIABILITY: Releasees are not responsible for: (i) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software; (ii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iii) unauthorized human intervention in any part of the entry process of the Contest; (iv) late, lost, stolen, undelivered, misdirected, delayed, inaccurate, garbled or incomplete Entries, or for any electronic, computer, printing, typographical, human or other error relating to or in connection with the Contest, including, without limitation, errors which may occur in connection with the administration of the Contest, the processing of entries, the tabulating of votes, the incorrect uploading of photos or videos, the announcement of the prizes, or in any Contest-related materials (including these Official Rules); or (v) any injury or damage to persons or property, including but not limited to entrant's computer, hardware, or software, which injury or damage may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Contest. Sponsor reserves the right to cancel or modify the Contest (or any portion thereof) if bugs, virus, fraud, technical failures or any other factor impairs the integrity, administration or proper play of the Contest (or portion thereof), as determined by Sponsor in its sole discretion. In the event of termination, Sponsor reserves the right to select the potential winners from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above.

12) DISPUTES: Except where prohibited, entrant (and, if an eligible minor, his/her parent or legal guardian) agrees that: (a) any and all disputes, claims and causes of action arising out of, or connected with, the Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of California; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering a contest, and in no event shall entrant be entitled to receive attorneys' fees or other legal costs or expenses; and (c) entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of California.

13) RULES/WINNERS LIST: For the names of the winners (available after 9/10/08) or for an additional copy of these Official Rules, mail a self-addressed stamped envelope to: "Declare Your Style" Contest c/o Haley Miranda Group, 8654 Washington Boulevard, Culver City, CA 90232. Please specify "Rules" or "Winners List". Requests must be received by 11/10/08. You may also view these Official Rules at declareyourstyle.com. Mexican residents may omit return postage.

14) SPONSOR: Mervyn's LLC, 22301 Foothill Boulevard, Hayward, CA 94541.

15) ADMINISTRATOR: Haley Miranda Group, 8654 Washington Boulevard, Culver City, CA 90232.