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THE TORRID MODEL SEARCH 2008 CONTEST (“CONTEST”) OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
1. Eligibility. Contest open only to legal female residents of the 50 United States and DC, 18 years or older at the time of entry. Employees, officers, directors and representatives of Hot Topic, Inc., E. San Jose Ave., City of Industry, CA 91748 (“Sponsor”) and Scandalous Cosmetics, and each of their respective parent companies, subsidiaries, divisions and affiliates and immediate family members (spouse and parents, siblings and children and their spouses) and persons living in the same households of each of the above are ineligible to enter or win. Void outside the 50 United States and DC and where prohibited by law. All federal, state and local laws, rules and regulations apply.
2. How to enter. No purchase necessary. Contest entry period begins on 7/18/08 and ends on 7/31/08. You may enter the Contest via U.S. mail or in-store drop-off. U.S. Mail. To enter via U.S. mail, (1) fully complete an official Contest entry form available at participating Torrid retail locations and online at www.torrid.com (IF ENTRANT IS UNDER 21 YEARS OF AGE, ENTRY FORM MUST BE SIGNED BY ENTRANT’S PARENT OR LEGAL GUARDIAN GIVING ENTRANT PERMISSION TO ENTER THE CONTEST) (“Contest Entry Form”); (2) obtain an 8” x 10” recent, clear, color photo (either full body or head shot) of yourself alone (“Photo”) with your full name written on the back of the Photo; and (3) insert your completed Contest Entry Form and Photo in an envelope and mail them to TORRID HQ, Attn: Delia Douglas, 18305 E. San Jose Ave., City of Industry, CA, 91748. In-Store Drop-Off. To enter via in-store drop-off, visit any participating Torrid retail location from 7/18/08 through 7/20/08 and drop off your Photo and fully completed Contest Entry Form at the designated receptacle in the store during store hours. Visit www.torrid.com for retail locations. Mail entries must be postmarked by 7/31/08 and received by 8/5/08. In-store drop-off entries must be received by end of applicable store’s business hours on 7/20/08. Limit one (1) entry per person and each entry must be submitted separately. The response to each question presented on the Contest Entry Form must be one hundred (100) words or less (collectively, “Entry Answers”). By entering this Contest, each entrant represents and warrants that her Entry Answers and Photo are original, owned by entrant, have not been previously published, distributed or otherwise exploited. Photocopies, mechanically reproduced or computer generated entry forms and entries (unless otherwise permitted by these Official Rules) are ineligible and will be disqualified. Sponsor is not responsible for: lost, late, misdirected, postage-due, illegible, incomplete, damaged, destroyed, forged, tampered with, mutilated or stolen entries, busy signals or any other unsuccessful attempts at entering; printing errors appearing on the entry form, within these Official Rules, in any Contest-related advertisements or other materials; or other errors of any kind whether mechanical, human, electronic or otherwise. Entries that are late, illegible, incomplete, unreadable, damaged, destroyed, delayed, lost, tampered with, forged, mutilated, misdirected, inaccurate, unintelligible, incomprehensible or otherwise not in compliance with these Official Rules will be disqualified. All required information on an entry form and other submitted information must be provided in English to be eligible. Sponsor reserves the right, in its sole discretion, to disqualify any entry which Sponsor believes, in its sole discretion, may be defamatory, obscene, profane, offensive, harassing, inappropriate or that may infringe upon or violate another party’s rights. All entry materials become the property of Sponsor and will not be returned. By participating in this Contest, each participant understands that her personal information and other data she provides in connection with the Contest will be collected and used in accordance with the Torrid Privacy Policy, available at http://community.torrid.com/customer_service/security_privacy.asp
3. Selection of Six Finalists. On or about 8/6/08, six (6) finalists (each a “Finalist”) will be selected by Sponsor from among all eligible entries received on the basis of: (i) the extent to which the entrant’s appearance reflects the Torrid brand (50%); (ii) the honesty and sincerity of entrant’s Entry Answers (25%); and (iii) modeling potential of the entrant (25%). The six (6) selected Finalists will be the eligible entrants with the six highest cumulative scores based on the above criteria, and each Finalist will advance to the winner selection round (subject to these Official Rules). In the event of a tie in determining a Finalist, the entrant involved in the tie with the most creative Entry Answers will be selected as a Finalist. Odds of being selected as one of the six (6) Finalists will depend on the nature, quality and number of eligible entries received. Selected Finalists will be notified by phone and/or e-mail on or about 8/6/08. Sponsor shall have no liability for any Finalist notification that is lost, intercepted or not received by a potential Finalist for any reason. Sponsor not obligated to leave voice mail, answering machine or other message. On or about 8/6/08, each successfully contacted Finalist will be sent (via facsimile and/or other means determined in Sponsor’s sole discretion) an affidavit of eligibility together with liability/publicity release for such selected Finalist (“Affidavit and Release”) which each selected Finalist (and her parent or legal guardian if such Finalist is under 21 years of age) must complete and return (as directed by Sponsor) in order to participate as a Finalist. Each confirmed Finalist will participate in the winner selection round, which includes: (i) a 3-day/2-night trip to Los Angeles, CA (as described in Paragraph 5 herein); and (ii) while in Los Angeles, participation in the “House of Diva” challenges (as described in Paragraph 4 herein). In addition, each Finalist’s participation in the “House of Diva” challenges may be recorded via video and/or audio recording. Such audio and/or video recordings may be disseminated/broadcast via television, webcast, and/or other media and each selected Finalist may be required to complete and sign additional documents related to such broadcast/dissemination and other matters (e.g., additional marketing and promotional activities) and satisfy other requirements. In Sponsor’s sole discretion, a selected Finalist may be required to forfeit the opportunity to participate further in the Contest and an alternate Finalist may be selected in accordance with these Official Rules from among the remaining eligible entries if such originally selected Finalist (i) is unreachable; (ii) cannot (or does not want to) participate in the winner selection round for any reason; (iii) cannot accept, receive or use a prize for any reason; or (iv) fails to comply with these Official Rules (e.g., failing to sign all documents as directed by Sponsor).
4. Selection of One Grand Prize Winner. While in Los Angeles, each of the six (6) Finalists will engage in a number of “House of Diva” challenges conducted/supervised by Sponsor which involve modeling, beauty and self-improvement, among other things. Each Finalist’s performance in these challenges will be judged by a panel consisting of celebrity judges and/or other judges who will select one (1) Grand Prize Winner from among the six (6) Finalists based on which Finalist is most successful in completing the challenges in accordance with the criteria presented. The odds of a Finalist being selected as the Grand Prize Winner depend on the quality of each Finalist’s performance in the “House of Diva” challenges. At the end of the “House of Diva” challenges, the selected Grand Prize Winner will be notified by a method determined in Sponsor’s sole discretion. Grand Prize Winner may be required to complete and sign additional image/publicity releases or other documentation. In Sponsor’s sole discretion, the selected Grand Prize Winner may be required to forfeit her prize and an alternate Grand Prize Winner may be selected in accordance with these Official Rules from among the remaining eligible Finalists if selected Grand Prize Winner (i) cannot accept, receive or use her prize for any reason; or (ii) fails to comply with these Official Rules. If the Grand Prize Winner is disqualified, then (in Sponsor’s sole discretion) an alternate Grand Prize Winner selected by the judges in accordance with the above-described procedures may be selected subject to these Official Rules. Forfeited prizes may not be awarded.
5. Prizes. ONE GRAND PRIZE WINNER: One Grand Prize Winner will receive a $500 Torrid gift card and the possibility of being featured on the Torrid web site. TOTAL ARV OF GRAND PRIZE: $500. SIX FINALISTS: Six Finalists will each receive a 3-day/2-night trip to Los Angeles, CA, which includes: (i) roundtrip coach class air transportation from the major U.S. airport nearest to the Finalist’s permanent residence at the time of entry to a Los Angeles metropolitan airport determined by Sponsor in its sole discretion; (ii) 2 nights accommodations in the “House of Diva” residence, located in Los Angeles; (iii) meals at the “House of Diva”; (iv) ground transportation between Los Angeles airport and the “House of Diva”; and (v) various activities while participating in the House of Diva challenges such as a photo shoot. The trip to Los Angeles will take place on or about September 2008 (or other dates) as determined solely by Sponsor. ARV OF EACH FINALIST PRIZE: $1,200. TOTAL ARV OF ALL PRIZES: $7,700. Prizes are subject to availability. Tickets and gift cards are subject to terms and conditions stated on such tickets and gift cards and additional material restrictions may apply. Each Finalist must be in good mental and physical condition and have no mental or physical condition, disease, disorder, problem, impairment, or injury that will affect, or be aggravated by, her participation in the “House of Diva” challenges and/or participation in any activities related thereto. Each Finalist and Grand Prize Winner must be available on all date(s) and time(s) specified by Sponsor or such individual’s prize, in its entirety (in Sponsor’s sole discretion), may be forfeited and an alternate Finalist or Grand Prize Winner may be selected (in Sponsor’s sole discretion) in accordance with these Official Rules from among the remaining eligible entrants or Finalists, as applicable. In the event that a Finalist engages during the trip in behavior (as determined by Sponsor in its sole discretion) that is obnoxious, threatening, inappropriate or illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip early and send such Finalist home with no further compensation. All costs and expenses are not included and are the sole responsibility of each Finalist and Grand Prize Winner unless indicated herein as being awarded. No transfer, substitution or cash equivalent of prizes permitted. Prizes may not be exchanged. Sponsor may substitute a prize (or a portion of a prize) with one of equal or greater retail value if prize (or a portion of a prize) is unavailable or cannot be awarded for any reason. The values of the prizes set forth above represent Sponsor’s good faith determination of the ARVs thereof, and the actual fair market values, as ultimately determined by Sponsor, are final and binding and cannot be challenged or appealed. Reporting and payment of any applicable federal, state and local taxes are the sole responsibility of each Finalist and Grand Prize Winner.
6. General Conditions. By participating in this Contest, each entrant (i) agrees to be bound by these Official Rules and the decisions of the judges, which are final and binding in all respects and cannot be appealed; and (ii) hereby releases, discharges, indemnifies and holds harmless Sponsor and its employees, directors, affiliates, representatives and/or agents, against any and all liability, damages or claims, including, but not limited to, those associated with the infringement of any third-party intellectual property rights, or arising in any way from entrant’s participation in the Contest or any Contest-related activity, including acceptance, possession or misuse of any prize or any printing, typographical, human, administrative or technological errors in or involving any materials associated with the Contest, including without limitation, property damage, personal injury or death. In giving this release, which includes claims that may be unknown at present, entrant acknowledges that she has read and understands Section 1542 of the California Civil Code, which reads as follows: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” Each entrant expressly waives and relinquishes all rights and benefits under this section and any law of any jurisdiction of similar effect with respect to her release of any unknown or unsuspected claims she may have against Sponsor. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE EVENT AND THE LAWS OF THE STATE OF CALIFORNIA (EXCLUSIVE OF CONFLICTS OF LAWS PROVISIONS) SHALL GOVERN THE EVENT. In the event more Finalist or winner notifications are issued, or more winning prize claims are received, than the number of prizes set forth in these Official Rules due to computer, printing, human or other error or problem, the entrant(s) with the highest cumulative score(s) from among all eligible prize claims will be selected as the Finalist(s) and/or Grand Prize Winner in accordance with these Official Rules. No more than the number of prizes stated in these Official Rules will be awarded. Each entrant grants to Sponsor, in perpetuity, any and all rights to any media, compositions, pictures, videos and/or other content created by Sponsor in connection with the Contest and/or a prize (collectively, the “Content”), and use and publication of entrant’s name and likeness in connection therewith, all without further consideration to entrant or any third party. Each entrant agrees that making the Content available to the public through Sponsor’s website(s), or any use by Sponsor for promotional or marketing activity related to the Contest is not a “sale or license.” Sponsor reserves the right, in its sole discretion, to modify, cancel or suspend this Contest (or any portion of the Contest) should an error or a virus, bug, computer problem or other cause or problem corrupt or inhibit the administration, security or proper operation of the Contest and, in such situation, to select the Finalists and/or Grand Prize Winner from among the remaining eligible, non-suspect entries received prior to and/or after such action or in such manner as deemed fair and appropriate by Sponsor in its sole discretion. In the event that Contest is modified, cancelled or suspended, notification of such event will be posted at www.torrid.com. Releasees have not made and/or are not responsible for any misrepresentation or guaranty, express or implied, in fact or in law, relative to the prizes. Sponsor may prohibit participant from participating in the Contest or winning a prize if, in its sole discretion, it determines participant is attempting to undermine the legitimate operation of the Contest by cheating, hacking, deception, or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor’s representatives.
7. List of Winners/Official Rules. For the names of the Finalists and Grand Prize Winner, available after 10/1/08, or a copy of these Official Rules, send a self-addressed, stamped envelope (VT need not affix return postage) to: TORRID MODEL SEARCH 2008 Contest, c/o Torrid Marketing Department, 18305 E. San Jose Ave., City of Industry, CA, 91748. Please specify “Official Rules” or “Winners List.” Requests must be received by 4/1/09.







