OPEN TO RESIDENTS OF THE UNITED STATES, 18 YEARS OLD AND OVER ONLY

1. HOW TO PLAY. “Pronto’s ModCloth V-Day Dream Outfit Contest” (the “Game”) is a game of skill and is sponsored by Pronto, Inc. (“Pronto”). The object of the Game is to create a list of clothes, using only ModCloth clothing items, to create the most original and appealing Valentine’s Day outfit as well as describe why you chose that outfit. Begin the Game by visiting the Pronto web site located at www.pronto.com. The Game begins at 12:01am on February 1, 2009 and ends at 11:59pm Eastern Time on February 12, 2009.
2. HOW TO ENTER. Enter by visiting the web site at [www.pronto.com----] and following all directions and instructions with regard to selecting the ModCloth clothing items and posting your list. Entries must be received by 11:59pm Eastern Time, February 12, 2009. Limit to one entry per person. Entries will be deemed made by the authorized account holder of the e-mail address submitted at the time of entry. The authorized account holder is deemed as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the submitted e-mail address. Pronto reserves the right to require potential winners to provide proof that he or she is the authorized account holder of the e-mail address associated with the potential winning entry.
3. ENTRIES. All Content posted by you is your sole responsibility. Pronto does not control the Content posted by users such as yourself via the Pronto Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. UNDER NO CIRCUMSTANCES WILL PRONTO BE LIABLE IN ANY WAY FOR ANY CONTENT POSTED BY ANY USER OR THIRD PARTY, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED VIA THE PRONTO SERVICE. Subject to the terms of Pronto’s Privacy Policy, you agree if you post any Content on the Web Site, you grant to Pronto, its parent, subsidiary and affiliated companies, and each of their successors and assigns, a non-exclusive, worldwide, royalty-free, perpetual, non-revocable license, in and to the Content, to distribute, display, modify, redistribute, sublicense and reproduce such Content to other users of the Web Site and the Pronto Service, to third parties with whom Pronto has a relationship, in marketing and/or promotional materials in any form or manner whatsoever.
4. Things you agree not to do: You agree not to do the following and/or encourage another person to do the following:
   • upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of anothero’s privacy, hateful, or racially, ethnically or otherwise objectionable;
   • violate Pronto’s Editorial Guidelines;
   • impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
   • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Pronto Service;
   • upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
   • upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (”Rights”) of any other person, company or organization;
   • upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
   • violate any applicable local, state, national or international law or regulations; and/or
   • “stalk” or otherwise harass another; or collect or store personal data about other users.
5. DETERMINATION OF WINNERS. Entries will be judged by ModCloth’s fashion expert who will select the final winner. The final winner will be judged according to the following criteria: originality 33%, description 33% and fashion sense 33%. The final judging will occur on or about February 13, 2009. The winner will be notified by e-mail, telephone or regular mail. All decisions by the judge and/or Pronto shall be final and binding and shall not be subject to review.
6. PRIZES. There will be 1 Grand Prize awarded to the Winning Entry, consisting of the actual clothing items selected and identified in the list of ModCloth clothing items provided in the Winning Entry. In the event any or all clothing items are out of stock and/or not available, then, in the ModCloth and/or Pronto’s sole discretion, Modcloth may offer a ModCloth gift card for the dollar value of the out of stock or unavailable clothing item. The Grand Prize has an approximate retail value of $500.00 (depending on the Winning Entries selections). No other prizes will be awarded. All prizes are non-transferrable and no cash substitutes are available, unless otherwise authorized by Pronto in its sole discretion. Pronto reserves the right to substitute a prize of equal or greater value in the event that any prize is unavailable for any reason. IF NO ONE WINS THE GAME OR ENTERS WITHIN THE STATED DEADLINES, OR IF THERE ARE FEWER ENTRIES THAN AVAILABLE PRIZES, THE UNCLAIMED PRIZES WILL NOT BE AWARDED. In such event, Pronto reserve the right to extend the Game in its sole discretion, to award the unclaimed prizes and/or to terminate the Game. In no event will Pronto be obligated to award more than the prizes specifically listed in this Section 6.
7. VERIFICATION AND ELIGIBILITY. The Game is open to residents of the United States, 18 years of age or older as of February 1, 2009 and who are not employees, immediate family members of employees, agents or affiliates of Pronto or its parent, subsidiary and/or affiliated companies, or participating vendors or their respective promotion and advertising agencies. All entries must be completed and filed in accordance with these Official Rules. Any contestant who enters in any other manner will be declared ineligible. Winners may be required to execute affidavits, under oath, certifying compliance with these Official Rules as a condition of receiving a prize. If a winner fails to return a properly executed affidavit within ten (10) days following request, Pronto reserve the right to void that winner’s entry and to select an alternate winner.
8. JUDGING. The Game is under the supervision of Pronto whose decisions on all matters relating to the Game and the determination of winners is final.
9. ADVERTISING. To the extent permitted by law, a winner’s acceptance of a prize constitutes permission for Pronto to use the entrant’s name, photograph and/or likeness in advertising and trade connected with the Game or other promotional activities without further compensation.
10. LIMITATION ON LIABILITY. Pronto is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Pronto on account of technical problems or traffic congestion online or on the Internet or at any web site, or any combination thereof including any injury or damage to entrant’s or any other person’s computer related to or resulting from playing or downloading any materials in the Game. If, for any reason, the Game is not capable of running online as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond Pronto’s control which threaten or corrupt or adversely affect the administration, security, fairness, integrity or proper conduct of the Game, Pronto reserves the right, in their sole discretion, to cancel, terminate or suspend the Game. CAUTION: ANY ATTEMPT BY A CONTESTANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATEOPERATION OF THE GAME MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, PRONTO WILL DISQUALIFY ANY SUCH CONTESTANT AND RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH CONTESTANT TO THE FULLEST EXTENT PERMITTED BY LAW.
11. MISCELLANEOUS. No responsibility is assumed for late, misdirected or illegible entries. The Game is governed by the laws of the United States. Void where prohibited. Taxes are the sole responsibility of the winners. All entries become the sole property of Pronto and none will be returned.
12. WINNER’S NAME. For the names of major prize winner, send a self-addressed, stamped envelope to Pronto.com 555 West 18th Street, 4th floor, New York, NY 10011 after March 1st, 2009.

© 2009 Pronto, Inc. All rights reserved.