EASY SPIRIT'S
MY SPIRIT PROGRAM
Terms and Conditions
Effective 3/02/10
1. PROGRAM OVERVIEW:
The My Spirit Program ("Program") is designed to recognize and reward charitable and civic organizations founded by women. Once each year, Easy Spirit will select an organization that has demonstrated a commitment to the community. Easy Spirit will make donations to the organizations that are selected as a "My Spirit Group" for a six (6) month period ("Time Period"). My Spirit Groups will be selected by Easy Spirit from among the organizations that are nominated by individuals pursuant to this Program. Each My Spirit Group will receive a $2,500 donation during the Group’s Time Period.

Information concerning the Program is available on the Easy Spirit web site at www.easyspirit.com ("website"). The Program is open to legal residents of the fifty United States and the District of Columbia who are over the age of 18 years of age.

The My Spirit Group will be asked to supply a high resolution jpeg of their logo to be used on the website and other marketing materials. From time to time, Easy Spirit will send to selected members of a My Spirit Group, Easy Spirit products, such as shoes, clothing, jewelry and accessories for members to use and evaluate. Such products will be provided to members at no cost and will be the members’ to keep. Members may be asked to complete a questionnaire or evaluation form describing their opinions, comments, or suggestions about the products they receive or concerning Easy Spirit as a company. Members may also be asked to complete surveys, or answer questions concerning style trends, design, future product or design plans, promotions, marketing plans, etc. In addition, members may be asked to provide photographs of the group, group events, members or members using Easy Spirit product.
2. TERM:
The My Spirit Program will begin on 1/08/09 and terminate on 1/07/11.
3. ELIGIBILITY:
The My Spirit Program will begin on 1/08/09 and terminate on 1/07/11.
A. Nominators: To be eligible to nominate an organization to be chosen as a My Spirit Group, you must be at least eighteen (18) years old, and a resident of the U.S. Employees of Easy Spirit, and their immediate family members or those sharing the same household are not eligible to nominate an organization.
B. Groups: To be eligible to be selected as a My Spirit Group, organization must have been founded by women and be a 501(c)(3) organization under the U.S. Federal tax code. In addition, the organization must be able to demonstrate a commitment to providing service to the community, have at least ten (10) active members, and provide documentation of their 501(c)(3) status.
C. Participating Members: To be eligible as a member of a My Spirit Group chosen to participate in using and evaluating Easy Spirit products, you must be 18 years or older, and a legal resident of the U.S. Employees (and their immediate families or those living in the same household) of Easy Spirit, its respective affiliates, subsidiaries, divisions, parents and related companies, suppliers, printers and advertising, promotional and judging agencies are not eligible. Members who are selected will be required to complete an affidavit of eligibility and policy/liability release provided by Easy Spirit within fifteen (15) days after being selected as a participating Member.
4. SELECTION:
Each year, one (1) organization will be selected by Easy Spirit as a My Spirit Group based on the organization's commitment to providing service to their community, including their accomplishments, longevity, creativity, efficiency and impact. Each Group will receive a maximum donation of $2,500 from Easy Spirit.
5. PRIVACY POLICY AND STATEMENT:
As a My Spirit Group Member, you agree that Easy Spirit may disclose to third parties certain personally identifying information provided by you in order to send you products associated with your participation in the Program. By participating in the Program, you also agree to the use of your personal information as described in Easy Spirit’s Privacy Statement at www.easyspirit.com
6. RELEASE:
As a My Spirit Group Member you will have the opportunity to submit information to Easy Spirit such as your comments, opinions, evaluations of products, survey responses, and other data. By participating in the Program, you hereby grant Easy Spirit and its promotional companies involved with the Program the right to utilize your name, biographical information, image and likeness ("Traits"), other materials otherwise submitted to Easy Spirit by you including photographs emailed to the My Spirit email address, espirits@easyspirit.com, for display on the website or other marketing materials. Easy Spirit may alter and edit the photographs uploaded to the My Spirit website or materials otherwise submitted and that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, or right of publicity) in connection with the photographs, other submitted materials or Traits. However, the Traits will be presented in a positive manner and in the best light when displayed by Easy Spirit. The photographs and other materials uploaded or otherwise submitted to us shall be our property with no requirement to return or replace any such materials.

Except where prohibited by law, you grant permission for Easy Spirit, its advertising and promotional agencies, and those acting under the authority of each to use your Traits and any and all submissions made at the My Spirit website for publicity purposes related to Easy Spirit products and this Program in all media now known or hereafter discovered, worldwide and on the word wide web, without notice, review, approval, or additional compensation. You agree, if requested, to confirm the grants made in this "release" section in writing, either directly, or in under the age of consent, through a parent or legal guardian.
7. RESERVATION OF RIGHTS:
The Program and its benefits are offered at the discretion of Easy Spirit and Easy Spirit has the right to modify or discontinue, temporarily or permanently, the Program, in whole or in part for any reason, at its sole discretion, with or without notice to you. Easy Spirit may, among other things, withdraw, limit, modify or cancel any prize; or modify or regulate the transferability of prizes or benefits. You agree that Easy Spirit will not be liable to you or any third party for any modification or discontinuance of the Program.
8. FRAUD:
Fraud or abuse relating to the registration process, providing of personal information, or in connection with the Program may result in the termination of the Organization or its member(s) from participating in this Program. ANY ATTEMPT BY ANY ORGANIZATION OR MEMBER OR ANY OTHER INDIVIDUAL OR ENTITY TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EASY SPIRIT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
9. LIMITATION OF LIABILITY AND INDEMNITY:
Under no circumstances shall Easy Spirit (or any of their respective parents, subsidiaries and affiliates and each of their respective directors, officers, employees, agents and representatives) be liable to you, an Organization or any third party for indirect, incidental, consequential, special or exemplary damages (even if that party has been advised of the possibility of such damages), arising from the use of or inability to use the Program or any other provision of these Terms and Conditions ("Terms").
10. APPLICABLE LAWS:
Participation in the Program is subject to all applicable ordinances, statutes and laws. Any and all claims related to the Program shall be subject to the laws of the State of New York, without regard to its conflict of law rules. The federal, state and local courts located in the county of New York, NY shall have exclusive jurisdiction over all such claims.
11. NOTE TO PARENTS:
If you have questions or concerns about this Program, please contact Easy Spirit at (914) 640-3446 or email at espirits@easyspirit.com. The My Spirit website will not knowingly accept personal information from anyone under 13 years old in violation of applicable laws. If you believe that your child under 13 has gained access to our site without your permission, and wish to find out if your child is a Member or wish to discontinue your child’s membership, you may contact Easy Spirit at the phone number or email address above. We have taken commercially reasonable steps to restrict use of this site to those who are at least 13 years old.
12. ACKNOWLEDGEMENT AND ACCEPTANCE OF MY SPIRIT PROGRAM:
This Program is provided under these Terms and Conditions and any amendments thereto. By participating in the Program, you agree to accept these Terms. Easy Spirit reserves the right to update and change the Terms from time to time without notice to you. However, all changes will be posted on the My Spirit website which you are encouraged to check periodically to determine if changes to the Terms have been made. Any failure to follow these Terms may result in the termination of your participation.