#HowYouRunway Billboard Contest – Official Rules

August 30, 2023 by

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. Eligibility

The #HowYouRunway Billboard Contest (the “Contest”) is open only to legal residents of the fifty (50) United States (and the District of Columbia) who are at least eighteen (18) years old at the time of entry. Void where prohibited. Proof of residency and age may be required. Employees and directors of Rent the Runway, Inc. and its subsidiaries, divisions, affiliates, and advertising or promotional agencies or individuals involved with the design, production, execution or distribution of the Contest and the immediate family and household members of such individuals, are not eligible to enter or win. “Immediate family members” shall mean parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouses, regardless of where they live. “Household members” shall mean people who share the same residence at least three months a year, whether related or not. In order to enter the Contest or receive the prize, you must fully comply with the Official Rules and, by entering, you represent and warrant that you agree to be bound by these Official Rules and the decisions of the Sponsor, whose decisions shall be binding and final in all respects relating to this Contest. The Contest is governed by these Official Rules and is subject to all applicable federal, state and local laws.

2. Sponsor

Rent the Runway, Inc., 10 Jay Street, Brooklyn, New York 11201.

3. Timing

Contest begins August 31, 2023 at 12:01 a.m. Eastern Time and ends September 21, 2023 at 11:59 p.m. Eastern Time  (“Contest Entry Period”).

4. How to Enter

During the Contest Entry Period, you must: (1) post at least one original photo or video to your Instagram or TikTok profile in reference to Sponsor’s prompt “How to Dress for New York Fashion Week” (the “Post”); (2) include the hashtag “#HowYouRunway” in the caption of your Post; and (3) follow Rent the Runway on the platform your Post is posted (either on the RTR’s Instagram or TikTok page: @renttherunway). You can unfollow @renttherunway any time after the Winner has been announced. You must have your Instagram profile or TikTok profile set to public. After an entrant submits the entry (the “Submission”), such entrant will be entered into the Contest for a chance to win. No limit of Submissions during the Contest Entry Period regardless of method of entry.

5. Submission Requirements

The Submission must comply with the following requirements: (i) the Submission may not feature any person other than entrant unless entrant has obtained all necessary written permissions and releases from such persons prior to submission and such persons are over the age of majority in his/her state of legal residence; (ii) other than the Sponsor, its brands and/or logos, the Submission may not materially show, contain, mention, depict, refer or otherwise allude to the name, logo or product of any other retailer, manufacturer, brand, product, store, place of business, person, company or character in such a way or manner as to imply an affiliation with, or endorsement of, the Sponsor, its brand and/or this Contest; (iii) the Submission must be entrant’s own original work (or the entrant must have the rights from the photographer to make the submission), created solely by entrant and not created professionally; must not have been previously published, released or distributed in any form; must not have won any award; and must not infringe the copyright, trademark, privacy, publicity, or other personal or proprietary rights of any person or entity; (iv) the Submission may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene or otherwise contain inappropriate content or objectionable material; (v) the Submission cannot show the drinking of alcohol, or promote illegal drugs or tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any political agenda or message; (vi) the Submission cannot in any manner defame, misrepresent, contain disparaging remarks or reflect negatively about Sponsor, its products, or other people, products or companies or their products, or in any way reflect negatively upon such parties or explicitly or implicitly communicate messages or images inconsistent with the positive images and/or goodwill with which Sponsor wishes to be associated, as determined by Sponsor in its sole discretion; (vii) the Submission cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (viii) the Submission cannot itself be in violation of any law; and (ix) Submission must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Submission that Sponsor believes, in its sole discretion, does not comply with or is in violation of these Official Rules or that otherwise contains prohibited or inappropriate content.

6. Grant of Rights

By submitting the Submission, the entrant represents and warrants that he/she has all right, title and interest necessary to grant the Sponsor the worldwide, irrevocable and unrestricted right and license to adapt, publish, use, edit, and/or modify such Submission in any way and post the Submission on the internet or use the Submission in any other way and agrees to indemnify and hold Sponsor harmless from any claims to the contrary.

7. Representations and Warranties/Indemnification

Each person who enters this Contest represents and warrants as follows: (i) entrant has obtained any and all necessary permissions required to submit the Submission and for Sponsor’s right to use the Submission for any purpose, including the consent of any identifiable third person(s) appearing in the Submission, and entrant can and will make written copies of such permissions available to Sponsor upon request; (ii) the Submission is owned by entrant; (iii) the Submission is wholly original with entrant and, as of the date of submission, the Submission is not the subject of any actual or threatened litigation or claim; (iv) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any other person or entity, including, but not limited to, rights of privacy and publicity; and (v) the Submission does not and will not violate any applicable laws, and is not and will not be considered defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Sponsor, Instagram (if applicable), Facebook (if applicable) and their subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.

8. Winner Determination and Notification

After the end of the Contest Entry Period, a panel of qualified judges determined by Sponsor in its sole discretion will select the two (2) best Submissions, which may be subject to increase in Sponsor’s discretion (the “Prize Winners”) from among all eligible Submissions that were submitted, based on an application of various criteria as determined by Sponsor. Sponsor may consider, but will not be limited to, the following criteria:

  • Brand alignment between the Post and Sponsor’s brand;
  • Post’s response to Sponsor’s prompt “Dress Like you Attend New York Fashion Week”; and
  • Post’s mention of fall fashion, for example: fall trends or fashion designers that are available to the public on  Sponsor’s website

Odds of winning depend on the quality of eligible Submissions received during the Contest Entry Period.

The potential Prize Winners will be notified via Instagram or TikTok direct message from Sponsor’s Instagram or TikTok account, depending on what platform the potential Prize Winner used to post their Post. Failure by a potential Prize Winner to: (i) respond to the initial verification within 24 hours of notification; and (ii) agree to deliver a raw file of their Post to Sponsor within 24 hours of being contacted by Sponsor for the purpose of the Prize, will result in Prize Winner’s disqualification and Sponsor will select an alternate potential Contest winner in the same manner. Limit of one (1) prize per person for the Contest.

9. POTENTIAL CONTEST WINNERS ARE SUBJECT TO VERIFICATION BY SPONSOR. SPONSOR’S DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE ADMINISTRATION, OPERATION, SELECTION OF THE WINNERS AND OTHER MATTERS RELATED TO THE CONTEST.

10. Verification of Potential Winners

Potential winners may be required to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) (collectively, the “Affidavit”) by the date specified by Sponsor, or an alternate potential winner may be selected. In the event: (a) potential winner cannot be reached for whatever reason after a reasonable effort has been exerted or the potential winner notification or Affidavit is returned as undeliverable; (b) potential winner declines or cannot accept, receive or use the prize for any reason; (c) of noncompliance with the above or within any of the aforesaid time periods, (d) potential winner is found to be ineligible to enter the Contest or receive the prize, (e) potential winner cannot or does not comply with the Official Rules, or (f) potential winner fails to fulfill the Affidavit-related obligations, the potential winner shall be disqualified from the Contest and an alternate potential winner may be selected, at Sponsor’s sole discretion, from among the other eligible entries received. Sponsor reserves the right to modify the notification and Affidavit procedures in connection with the selection of alternate potential winner, if any.

11. Prizes

The Prize for the Winner(s) will be placement of their Post and social media handle on 1 of the following digital billboards in Times Square, New York City (such billboard determined solely in Sponsor’s discretion) each day between September 22, 2023 and September 30, 2023 (“Prize Period”), for the following time period: 

  • Nasdaq Tower and Nasdaq Midtown Financial Tower screens: 3.5 minutes every hour, on each day, during the Prize Period; and 
  • Nasdaq Marquee screens: 18 minutes every hour, on each day, during the Prize Period. 

When the Winner’s Post is shown on one of the Digital Billboards, it will be displayed alongside Sponsor’s name, logo, and other brand assets; and may also be displayed at the same time as another Winner’s Post. (Approximate Retail Value of $0, which may be subject to change by Sponsor).

For all prizes: Winners will be solely responsible for all taxes and fees associated with the receipt and use of the prize. The prize is awarded as is. No cash equivalent for the prize. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the listed prize for one of equal or greater value for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. All federal, state, and local tax liabilities, as well as any other costs and expenses not specified herein as being awarded are the sole responsibility of the winners. Winners may be required to complete and return an IRS W-9 form (i.e. Request for Taxpayer Identification Number and Certification). Prize will be awarded only if the winners fully comply with these Official Rules. Total ARV of all prizes is $0,  which may be subject to change by Sponsor).

12. Entry Conditions and Release

Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Sponsor which are binding and final in all matters relating to this Contest; (b) defend, indemnify, release and hold harmless the Sponsor, and its respective parent, subsidiary, and affiliated companies, celebrities, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Contest, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Contest, acceptance, possession, attendance at, defect in, delivery of, inability to use, use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry. Winner acknowledge that all prizes are awarded as-is without warranty of any kind.

13. Publicity

Except where prohibited or restricted by law, winner’s acceptance of prize constitutes the winner’s agreement and consent for Sponsor and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Contest or Sponsor, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Sponsor, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

14. General Conditions

Sponsor and its subsidiaries, affiliates, divisions, partners, representatives, agents, successors, assigns, employees, officers and directors shall not have any obligation or responsibility, including any responsibility to award any prize to entrants, with regard to: (a) entries that contain inaccurate information or do not comply with or violate the Official Rules; (b) entries, prize claims or notifications that are lost, late, incomplete, illegible, unintelligible, damaged or otherwise not received by the intended recipient, in whole or in part, due to computer, human or technical error of any kind; (c) entrants who have committed fraud or deception in entering or participating in the Contest or claiming the prize; (d) telephone, electronic, hardware, software, network, Internet or computer malfunctions, failures or difficulties; (e) any inability of the winner to accept the prize for any reason; (f) if a prize cannot be awarded due to delays or interruptions due to Acts of God, natural disasters, terrorism, weather or any other similar event beyond Sponsor’s reasonable control; or (g) any damages, injuries or losses of any kind caused by any prize or resulting from awarding, acceptance, possession, use, misuse, loss or misdirection of any prize or resulting from participating in this Contest or any promotion or prize related activities. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be (a) tampering with the entry process or the operation of the Contest, or with any Website promoting the Contest; (b) acting in violation of the Official Rules; or (c) entering or attempting to enter the Contest multiple times through the use of multiple email addresses or the use of any robotic or automated devices to submit entries. If Sponsor determines, in its sole discretion, that technical difficulties or unforeseen events compromise the integrity or viability of the Contest, Sponsor reserves the right to void the entries at issue, and/or terminate the relevant portion of the Contest, including the entire Contest, and/or modify the Contest and/or award the prize from all eligible entries received as of the termination date.

15. Limitations of Liability

The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Contest; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Contest; (d) technical or human error in the administration of the Contest or the processing of registrations; or (e) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Contest or receipt or use or misuse of any prize. If for any reason an entrant’s registration is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Contest. No more than the stated number of each prize will be awarded.

16. Disputes

Entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) any and all disputes, claims and causes of action arising out of or connected with this Contest, or any prizes awarded, shall be resolved exclusively by the United States District Court or the appropriate New York State Court located in New York County, Florida; (c) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys’ fees; and (d) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant 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.

17. Entrant’s Personal Information

Information collected from entrants is subject to the Sponsor’s Privacy Policy, which is available at https://www.renttherunway.com/privacy.

18. Contest Results

For a list of Winners (available after the Contest Entry Period) please send a self-addressed stamped envelope to the “#HowYouRunway Billboard Contest” - Winner List, c/o Rent the Runway, Inc., 10 Jay Street, Brooklyn, New York 11201, Attn: Legal Department. Queries must be postmarked no later than 30 days after the end of the Contest Entry Period.

This Contest is in no way sponsored, endorsed or administered by, or associated with Instagram and/or Meta. Any and all questions, comments or complaints regarding the Contest must be directed only to Sponsor and not Instagram and/or Meta.