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ONLY NYC: OFFICIAL CONTEST RULES

DKNY “Only NYC” Photography Contest 2013 Official Rules

The DKNY “Only NYC” Photography Contest 2013 ("Contest") starts...

DKNY “Only NYC” Photography Contest 2013 Official Rules

The DKNY “Only NYC” Photography Contest 2013 ("Contest") starts on February 8, 2013 at 12:01 p.m. Eastern Standard Time (“EST”) and ends on March 15, 2013 at 11:59 p.m. EST (the “Closing Date”) (together, the "Contest Period").

ELIGIBILITY: Open to legal residents of the United States (excluding residents of Puerto Rico and other U.S. territories and possessions) or the United Kingdom who are 18 years of age or older at time of entry. Employees of The Donna Karan Company LLC ("Sponsor"), its parent, subsidiaries, affiliates, advertising and promotion agencies, Tumblr, Inc., Instagram, LLC, and Twitter Inc., and members of their immediate family (spouse and parent, children and siblings and their respective spouses, regardless of where they reside) and persons living in the same household, whether or not related, of such employees, are not eligible to enter or win, nor are individuals who have won a prize from Sponsor in the past year. Void in Puerto Rico and other U.S. territories and possessions and where prohibited by law. Contest is subject to all applicable federal, state and local laws.

HOW TO ENTER: To enter, provide your first and last name, email address, and country of residence, and upload your “Only NYC” photograph at www.DKNYonlyNYC.com. Alternatively, you may enter by uploading your “Only NYC” photograph to Tumblr, Instagram, or Twitter along with the hashtag #dknyonlynyc (each, an “Entry”). The photograph should depict an image or scenario that is a typical “New York City moment” and that is aligned with the essence of the DKNY brand. Entries that do not fully comply with these Official Rules will not be included in the Contest. Entries submitted to www.DKNYonlyNYC.com must be in .jpeg, .gif, or .tiff format and may not exceed 10MB in size. All Entries must be received by 11:59 p.m. EST on March 15, 2013 to be considered. Entries generated by script, macro or other automated means or by any means which subvert the entry process are void. Entries received in excess of the stated limitations will be void. All Entries become the sole property of the Sponsor and will not be returned. No purchase necessary to enter or win.

REQUIREMENTS OF ENTRIES: Entry may not contain, as determined by the Sponsor, in its sole discretion, any content that: • is sexually explicit or suggestive; is obscene or offensive; unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group; profane or pornographic; endorses any form of hate or hate group; contains nudity; • promotes 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; • defames, misrepresents or contains disparaging remarks about Sponsor, its products or services, or other people or companies; • contains trademarks, logos, or trade dress (such as distinctive packaging) (with the exception of Sponsor products, trademarks and/or logos) or copyrighted materials (including photographs, sculptures, paintings, and other works of art or images published on or in websites, television, movies or other media) owned by others, without permission, to the extent permission is necessary; • contains any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses or materials embodying the names, likenesses, 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 with which Sponsor and the DKNY brand wish to associate; and/or • violates any law, rule or regulation.

Entry must be the original work of the entrant, 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 or which are subject to the rights of third parties (e.g., the photo was taken by someone other than the entrant), 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 from any person who appears in the Entry. Sponsor reserves the right to request proof of these permissions in a form acceptable to Sponsor from any entrant at any time. Failure to provide such proof may, if requested, render Entry null and void.

By submitting an Entry, entrant represents and warrants that the Entry conforms to these Official Rules and understands that Sponsor, in its sole discretion, may disqualify Entry for any reason, including if it determines, in its sole discretion, that the Entry fails to conform to these Official Rules in any way or otherwise contains unacceptable content as determined by Sponsor, in its sole discretion.

By submitting an Entry, entrant hereby grants permission for the Entry to be posted on www.DKNYonlyNYC.com, to be incorporated in a video for use in stores and on DKNY.com, and to be otherwise used in accordance with the rights granted herein. Sponsor has final approval over the use of the Entry and may make any alterations of the Entry as it, in its sole discretion, deems expedient or appropriate, including, without limitation, editing, cropping, modifying, blurring, and/or adding text, graphics or other images, to the Entry. Sponsor may exclude any Entry that does not comply with these Official Rules. Entrant agrees that Released Parties (as defined below) are not responsible for any unauthorized use of Entries by third parties. Released Parties do not guarantee the posting of any Entry and may take down an Entry at any time for any or no reason.

WINNER SELECTION: Eligible Entries received by Sponsor during the Contest Period will be judged by a panel of qualified judges who will select one winner based on the following criteria: originality, creativity, and closest alignment with the essence of the DKNY brand (“Judging Criteria”). In the event of a tie, an additional, “tie-breaking” judge will determine the winner based on the criteria listed herein. Sponsor reserves the right to not award the prize if, in its sole discretion, it does not receive any eligible and qualified Entries.

Sponsor’s and judges’ decisions are final and binding on all matters relating to this Contest. Prize awards are subject to verification of eligibility and compliance with these Official Rules.

The winner(s) may be required to take part in publicity.

WINNER NOTIFICATION: Potential winner will be notified by telephone, email, and/or on the social media platform on which the potential winner’s Entry was submitted, within thirty days of the Closing Date and will be required to complete an Affidavit of Eligibility, Liability and Publicity Release (unless prohibited by law) and any other documents required by Sponsor, which must be returned within seven (7) days of date appearing on prize notification. Return of prize or prize notification as undeliverable, failure to sign and return requested documentation within the specified time period, the inability of Sponsor to contact a potential winner within a reasonable time period or noncompliance with these Official Rules by any potential winner will result in disqualification and, at Sponsor’s sole discretion, the prize may be awarded to a runner-up. Runners-up will be selected in accordance with these Official Rules. If potential winner is at least 18 but still considered a minor in his/her jurisdiction of residence, Sponsor reserves the right to award the prize in the name of his/her parent or legal guardian who will be responsible for fulfilling all requirements imposed on winner set forth herein. PRIZE: Winner will receive a prize package consisting of a $5,000 shopping spree at a DKNY full-priced store in New York City to be used by December 31, 2013 (Approximate Retail Value US$5,000), and two tickets to the DKNY Spring 2014 Runway Show during Mercedes-Benz Fashion Week in September, 2013. Travel is not included in the prize; winner must provide own transportation to redeem the prize. Prize is awarded “as is” with no warranty or guarantee, either express or implied. Winner may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. Winner is responsible for all applicable federal, state and local taxes, if any, as well as any other costs and expenses associated with prize acceptance and use not specified herein as being provided. All prize details are at Sponsor’s sole discretion. USE OF ENTRIES: By submitting an Entry, in consideration for being included in the Contest, each entrant agrees and hereby grants to Sponsor and its successors, licensees and assigns an unlimited, perpetual, irrevocable, assignable, royalty-free, fully paid-up license to reproduce, distribute, perform, create derivative works of, edit, alter, display, exhibit, combine with other materials, exploit and otherwise use the Entry, and all elements embodied therein, in any manner and in any and all media now known or hereafter devised throughout the universe for any purpose whatsoever, without compensation or notification to, or permission from, entrant or any third party and hereby waives any moral rights in the Entry. Sponsor has no obligation to make use of any of the rights granted herein.

GENERAL CONDITIONS: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor and judges, which shall be final and binding in all respects relating to this Contest; (b) to release, discharge and hold harmless Sponsor, its parent, affiliates, subsidiaries, advertising and promotion agencies, Tumblr, Inc., Instagram, LLC, and Twitter Inc., and the respective officers, directors, shareholders, employees, agents and representatives of the foregoing (collectively, “Released Parties”) from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant’s participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use by Sponsor and its designees of his/her name, city and state of residence, photo and/or likeness for advertising, publicity or other purposes in any and all media, now or hereafter known, worldwide in perpetuity, without notification, permission or compensation, unless prohibited by law.

Released Parties are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled Entries, or emails; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing or judging of Entries, the tabulation of votes, the announcement of the prize, the incorrect uploading of the photo or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Contest or downloading materials from or use of the website. Persons who tamper with or abuse any aspect of the Contest or website, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Should any portion of the Contest be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Contest and, if terminated, at its discretion, select the potential winner from all eligible, non-suspect Entries received prior to action taken using the judging procedure outlined above. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

REQUEST FOR WINNER’S NAME: For six months after the Prize is conclusively awarded, you may obtain the winner’s name by sending a self-addressed stamped envelope to: The Donna Karan Company LLC, ATTN: Jenny Lee/DKNY “Only NYC” Photography Contest 2013, 240 West 40th Street, New York, NY 10018.

Sponsor: The Donna Karan Company LLC, 550 Seventh Avenue, New York, NY 10018.

This Contest is in no way sponsored, endorsed, or administered by, or associated with Tumblr, Instagram, or Twitter. Abbreviated Rules: Open to legal U.S. residents (excl/void in PR & other U.S. territories & possessions) and U.K. residents 18 or older. Entry ends 11:59 p.m. EST March 15, 2013. No purchase necessary. Void where prohibited. Subject to Official Rules: [http://www.dkny.com/onlynyc].