Terms & Conditions

KATE SPADE NEW YORK 30th Anniversary Campaign
OFFICIAL RULES

PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.

Eligibility: Kate Spade 30th Anniversary Campaign (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. Employees of Tapestry, Inc. (inclusive of kate spade new york and all of its brands) and Merkle Inc., and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.

Sponsor: Tapestry, Inc. for the benefit of the kate spade new york brand, 2 Park Ave, New York, NY, 10016. Administrator: Merkle Inc., 3000 Town Center, Suite 2100, Southfield, MI 48075.

Agreement to Official Rules: Participation in this Contest constitutes entrant's full and unconditional agreement to these Official Rules and Sponsor's and Administrator's decisions, which are final and binding in all matters related to this Contest. Winning a prize is contingent upon fulfilling all requirements set forth herein.

Timing: The Contest begins on March 20, 2023 at 12:00 a.m. Eastern Time ("ET") and ends on December 31, 2023 at 11:59 p.m. ET (the "Contest Period"). The Contest consists of nine (9) phases (each a "Phase"), as outlined below:

Administrator's computer is the official time-keeping device for the Contest.

How to Enter: During the Contest Period, visit and follow the links and instructions to complete and submit the registration form, including your name and contact information, and a valid email address. Then, follow the directions to upload an essay (50 words or fewer) that describes your personal relationship/story with the Kate Spade brand ("Essay") and you may optionally upload one (1) photo that compliments your Essay. Your Essay and photo will be collectively referred to as your submission ("Submission"). Your Essay will be judged in this Contest. Your Submission must reflect your honest and truthful opinions. By uploading your Submission, you agree that it conforms to the guidelines, permissions, and content restrictions below and that Sponsor, in its sole discretion, may remove your Submission from a gallery, if any, and disqualify you if it believes that it fails to conform. Where your Submission meets all requirements, your Submission will be deemed one (1) Contest entry.

Sponsor's Use of Submissions: Uploading a Submission constitutes entrant's consent to give Sponsor a royalty-free, irrevocable, perpetual, non-exclusive license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.

Winner Requirements: Potential winners for each Phase will be notified by email, mail, or phone on or around the Notificaiotn Date listed above in Section 4. Non-selected Essays will carry to subsequent Phases. Each potential Grand Prize winner (parent/legal guardian if a minor in his/her state of residence) will be required to sign and return a Declaration of Compliance, Liability Waiver and, where not prohibited, a Publicity Release ("Declaration"), which must be received by Administrator within five (5) days of the date notice or attempted notice is sent, in order to claim the prize. All other potential winners will be required to provide full contact information to confirm eligibility and for prize fulfillment purposes within five (5) days of the date notice or attempted notice is sent, in order to the claim the prize offered. If a potential winner cannot be contacted, fails to execute and return the Declaration or provide any other requested information, within the required time period (if/as applicable), does not comply with these Official Rules, or if prize is returned as undeliverable, potential winner forfeits the prize. If a potential winner is disqualified for any reason, the prize may be awarded to a runner-up, if any, in Sponsor's sole discretion. Only three (3) alternate winners may be determined, after which the applicable prize will remain un-awarded.

Prizes: NINE (9) GRAND PRIZES (one (1) awarded per Phase): A $1,000 Kate Spade gift card, terms and conditions apply, and a personalized styling session. Approximate Retail Value ("ARV"): $1,000.00.
For styling sessions: At time of prize delivery, Sponsor representative will assist winner with contacting the Kate Spade Specialty store of the winner's choice to schedule the styling session. (Styling sessions cannot be scheduled at Kate Spade Outlet stores or department store locations.) Styling session can be in person or remote and final time, date and method will be determined between winner and applicable store associate. Styling session must be scheduled by/before March 31, 2024 or will be forfeited. Styling session has no cash value and winner will not be eligible for an alternate prize in the event the styling session is not scheduled or attended.
EIGHTEEN (18) FIRST PRIZES (two (2) awarded per Phase): A $100 Kate Spade gift card, terms and conditions apply. ARV: $100.00.
Prizes are non-transferable and no substitution will be made except as provided herein at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. Winners are responsible for all taxes and fees associated with prize receipt and/or use. Limit: One (1) prize per person. Prizes will be fulfilled 8 – 10 weeks after the end of the Contest.

Release:By receipt of any prize, each winner agrees to release and hold harmless the Sponsor, Administrator, Tapestry Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Contest or receipt or use or misuse of any prize.

Publicity: Acceptance of any prize shall constitute and signify each winner's agreement and consent that Sponsor and its designees may use the winner's name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.

Ownership of Submission: The winner shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. The winner accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. The winner will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.

General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any fraud, technical failures, human error, any other factor impairs the integrity or proper functioning of the Contest, or any event or cause beyond Sponsor's control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the winners from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. Sponsor may also modify the prizes offered. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Submission process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Submissions. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.

Limitations of Liability: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Contest; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Contest; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Contest, the uploading, the processing or judging of Submissions, the announcement of the prizes or in any Contest-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) 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. Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third-party use of any Submission.

Disputes: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-ofpocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, 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. 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 Michigan without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.

Entrant's Personal Information: Information collected from entrant is subject to Sponsor's Privacy Policy https://www.katespade.com/support/privacy-policy.

Winner List: For a winner list, please click here. The winner list will be posted at the end of the Contest and will remain available for 90 days after the Contest Period.

By this Participation Agreement, Waiver, and Confidentiality Agreement ("Waiver") the individual identified below (the "undersigned" or "you") agrees to participate in surveys, focus groups, and/or feedback sessions (collectively, "Survey Activities") conducted by Tapestry, Inc. ("Tapestry") for the benefit of the Coach, kate spade new york, and Stuart Weitzman brands (each a "Brand" and collectively, "Brands"). This Agreement is effective as of the date of execution indicated below.

Survey Activities. You agree to participate in the Survey Activities at such times and by such methods designated by Tapestry, and in a manner consistent with Tapestry's instructions. Your participation in Survey Activities is voluntary, and you may withdraw at any point, and Tapestry may terminate your participation in the Survey Activities at any time and for any reason or no reason. No compensation or remuneration of any kind is promised to you in connection with your participation.

Waiver & Release. You understand that your participation in Survey Activities includes appearing in audiovisual recordings documenting your participation, including without limitation, your responses to survey questions. You understand and acknowledge that Tapestry (and its approved third party partners) has the right to make and retain recordings of your participation in Survey Activities, whether in whole or in part ("Recordings"). By this Agreement you grant Tapestry (including its affiliates, subsidiaries, brands, successors, assigns, and authorized third party partners), the right (without any obligation) to use the Recordings, including your appearance, likeness, voice, remarks, impressions, performance, opinions, and other identifying features as captured in the Recordings (collectively your "Likeness") for market research purposes and for use in public-facing marketing for the Brand(s) at issue, including without limitation on the relevant Brand's social media accounts, websites, or other digital media channels. You release Tapestry from any and all claims or liabilities of any kind arising out of or related to the Survey Activities, the Recordings, and/or the subject matter of this Agreement. You further agree that Tapestry may use and disseminate any suggestions, concepts, and ideas that you offer during the Agreement, whether verbal, written, or recorded, in its sole discretion and without obligation, without the need for compensation or attribution.

Privacy Notice Acknowledgment. You acknowledge and agree: (1) you have received and carefully reviewed the Tapestry, Inc. Privacy Notice accompanying this Waiver ("Privacy Notice"), (2) you give Tapestry, Inc. your informed consent to collect, use, and handle your personal data in accordance with the provisions of the Privacy Notice, and (3) you understand your data subject rights and how to exercise them as provided in the Privacy Notice. Tapestry, Inc. agrees to abide by any applicable data privacy laws when handling your personal data.

Confidentiality. You acknowledge and agree that you may observe, acquire, or otherwise be exposed to non-public confidential information belonging to Tapestry ("Confidential Information") in connection with your participation in the Survey Activities and agree not to disclose any such information, including any data, text, images, products, materials, or other information without limitation to any third parties, including friends and family members. You agree not to reproduce, copy, publish, or distribute any Confidential Information or other materials you see or receive due to your participation in the Survey Activities. You acknowledge that Confidential or other materials could be deemed material non-public information under U.S. federal or state securities laws or similar laws in foreign jurisdictions. You agree not to use any such Confidential Information for trading in Tapestry securities or for any other purpose in violation of U.S. federal or state insider trading laws or similar laws in foreign jurisdictions.

KATE SPADE NEW YORK
"RATINGS & REVIEWS" 2023/2024 SWEEPSTAKES
OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT IMPROVE OR INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. AN AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED IN ORDER TO RECEIVE A PRIZE (DEFINED BELOW).

BY PARTICIPATING IN THIS PROMOTION, YOU AGREE TO BE BOUND BY THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES FROM YOU TO THE RELEASED PARTIES (DEFINED BELOW) AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

1. ELIGIBILITY: The Kate Spade New York "Ratings & Reviews" 2023/2024 Sweepstakes (the "Promotion") is open only to individuals who are at least eighteen (18) years of age at the time of entry, who are legal residents of the United States of America (including Puerto Rico and Washington, DC) and who satisfy all other eligibility requirements contained herein or applicable by law. This Promotion is void in all other jurisdictions, territories, possessions, and where otherwise prohibited by law. Officers, directors and employees of Tapestry, Inc. inclusive of the Kate Spade New York brand, 2 Park Avenue, New York, NY 10016 (the "Sponsor"), and its parent company, affiliates, subsidiaries, divisions, advertising and promotion agencies, and immediate family members (a parent, spouse, sibling or child, regardless of where they reside) and/or those living in the same household of any of the above, whether or not related, are not eligible to participate in this Promotion or to receive a prize.

2. ENTRY PERIOD: Promotion begins at 12:01 a.m. Eastern Time ("ET") on November 1, 2023 and 11:59 p.m. ET October 31, 2024 (according to Sponsor's time clock), by which time all entries must be received (the "Entry Period").

3. HOW TO ENTER: To enter, write a detailed review of a Kate Spade New York product (either a recent purchase or your favorite previous purchase or an item that you like) at one or both of the Sponsor's websites katespade.com and/or katespadeoutlet.com (the "Review"). (The invitation to write a review can be found at the bottom of any individual product page on katespade.com and/or katespadeoutlet.com.) Reviews must contain an actual, written review (inserting a single word or emoji/icon or leaving only a star rating is insufficient) and comply with the requirements set forth in Section 3 of these Official Rules. There is no limitation on the number of reviews you can submit. Each Review will be eligible to win the drawing for the month in which the Review was posted. (By way of example, if a Review is posted in December, that Review is eligible on for the December drawing.) All information entered becomes the property of Sponsor and will not be acknowledged or returned. By entering, you agree that entry information may be shared with Sponsor's websites, social channels and others to the extent required for prize fulfillment purposes. Sponsor may engage other third party application providers and vendors to administer certain aspects of the Promotion, including, without limitation, the online collection of entry information. Proof of entering information on third parties' applications is not considered proof of delivery to or receipt by Sponsor of such entry. Any such third parties will provide your personally identifiable information to Sponsor, who except as set forth herein, will use such information in accordance with its online privacy policy, available at katespade.com and/or katespadeoutlet.com. Any such third parties may also use your information for their own independent purposes in accordance with their own independent privacy practices. Sponsor is not responsible for the collection, storage or use of your entry information by any such third parties.

4. REVIEW REQUIREMENTS. The Review must comply with the following requirements: (i) the Review may feature only the entrant and their opinion (and no other person or other person's opinion), unless entrant has obtained the other person's express consent and provides Sponsor with proof of such person's consent upon request; (ii) other than the Sponsor, its brands and/or logos, the Review may not show, contain, mention, depict, refer or otherwise allude to the name or logo of any 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 brands and/or this Promotion; (iii) the Review must be entrant's own original words/work or entrant must have obtained the necessary permissions to submit the Review, and to grant Sponsor the rights set forth in these Official Rules; (iv) the Review must not have been 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; (v) the Review may not contain, mention, refer or otherwise allude to any material that is violent, lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, racially or morally offensive or otherwise contain inappropriate content or objectionable material; (vi) the Review cannot promote alcohol, 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; (vii) the Review 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; (viii) the Review cannot contain any personal identification, such as personal names, email addresses or street addresses, without express permission; (ix) the Review cannot depict and cannot itself be in violation of any law; and (x) the Review must otherwise be in compliance with these Official Rules. Sponsor reserves the right, in its sole discretion, to disqualify any Review 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.

5. GRANT OF RIGHTS. Except where prohibited or restricted by law, by entering this Promotion, each entrant agrees that Sponsor and its respective designees may use entrant's name, image, likeness, city and state/province/territory of residence, biographical information, Review, prize information and/or statements about this Promotion for advertising and/or publicity purposes in any and all media now or hereafter known throughout the world in perpetuity without compensation, notification, or permission.

6. REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. Each person who enters this Promotion represents and warrants as follows: (i) entrant owns, or has obtained any and all necessary rights and permissions required to submit, the Review and grant Sponsor the rights to use and display the Review as set forth above; (ii) the Review has not been previously published, distributed or otherwise exploited, except as provided by these Official Rules; (iii) the Review is wholly original and, as of the date of submission, the Review is not the subject of any actual or threatened litigation or claim; (iv) the Review 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 Review 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 and its parent, 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.

7. WINNER SELECTION: Each month during the Promotion Period, one (1) potential winner will be selected in a random drawing from all eligible Review entries received for that drawing. Each month's drawing will take place within five (5) days of the end of that month. The potential winner may be required, in Sponsor's discretion, to complete and return an Affidavit of Eligibility, Release of Liability and Publicity Release (where permitted by law) by the date or within the time frame specified by Sponsor or an alternate winner may be selected. All decisions of Sponsor on all matters relating to this Promotion, including, without limitation, related its selection and determination of the winner of this Promotion shall be final and binding. Odds of winning a prize depends on the number of eligible Review entries received for the applicable drawing. Non-winning entries from one drawing will not be included in any other drawing. The potential winner will be notified by phone, e-mail or otherwise as Sponsor may determine using the contact information provided at the time of entry. If a potential winner is not able to be contacted by Sponsor within twenty-four (24) hours (3) following the date notice or attempted notice is sent, declines, fails to return any required documents, does not complete the verification process within three (3) days, or is otherwise not in compliance herewith, the prize may, in Sponsor's sole and absolute discretion, be forfeited and/or awarded to an alternate winner.

8. PRIZE: Subject to verification of eligibility and compliance with these Official Rules, one (1) winner will receive one Kate Spade New York gift card in the amount of US$400.00 (four hundred U.S. Dollars) (the "Prize").

9. PRIZE CONDITIONS: A Prize will be awarded only if the potential prize winner fully complies with these Official Rules. All costs and expenses associated with the acceptance and/or use of a Prize (to the extent not expressly stated herein as being awarded, including without limitation all federal, state and local taxes) are the sole responsibility of the winner. The Prize is non-transferable and no substitutions or cash equivalents are allowed, except in the sole discretion of Sponsor. SUCH PRIZE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT. Limit one (1) Prize per person during the Entry Period. Winners of one month's drawing will not be eligible to win any future month's drawing.

10. GENERAL RELEASE/FORCE MAJEURE: By entering this Promotion, each entrant agrees to be bound by all terms of these Official Rules. By entering this Promotion, each entrant releases, holds harmless, covenants not to sue, and forever discharges Sponsor and their respective parent company, affiliates and subsidiaries, retailers, divisions, advertising and promotion agencies, and all others associated with the development and execution of this Promotion, and each of their respective directors, officers, employees, agents, shareholders, representatives, successors and assigns (all such individuals and entities collectively referred to herein as, the "Released Parties"), from, against, and as to any and all third-party claims, actions, damages, losses, liabilities, costs, expenses, injuries or causes of action of any kind that in any way now or hereinafter may arise from or relate to the Promotion including without limitation, in connection with (i) the administration of the Promotion, including without limitation typographical, printing, seeding, human or other errors relating to or in connection with this Promotion, the processing of entries, the announcement of any prize or any related materials, inaccurate, fraudulent, incomplete, illegible, late, lost, stolen, misdirected, undelivered, incomplete, damaged or postage due entries, comments, messages, emails, mail, or other communications of any kind, or any delays in delivery or lack of availability of any prize or prize materials, and/or (ii) entrant's participation in this Promotion or acceptance or use of any prize, or participation in any prize-related activities, including but not limited to death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Promotion or any Promotion-related activity. No more than the stated number of Prizes will be awarded. Sponsor reserves its right, at its sole discretion, to disqualify any individual who tampers in any way with the any part of the Promotion and/or who submits a fraudulent entry or an entry not otherwise in accordance with these Official Rules, and to cancel, terminate, modify or suspend the Promotion or any element thereof. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be acting in violation of these Official Rules; in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Promotion; or with the intent to annoy, abuse, threaten or harass any other person. Without limiting the foregoing, in the event Sponsor is prevented from continuing with the Promotion as contemplated herein by any event beyond its control, including, but not limited to, fire, flood, epidemic or other national health emergency, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared,) or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, public health crisis, or other cause not reasonably within Sponsor's control, then Sponsor shall have the right to modify, suspend, extend or terminate the Promotion.

11. MISCELLANEOUS: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or any rights and obligations of the entrants and Sponsor relating to this Promotion, 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 that would cause the application of any other state's laws. By entering this Promotion, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by a court having competent jurisdiction located in Manhattan, New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction that they may have. Without limiting the scope of any legal release provided herein, except where prohibited, under no circumstance shall any entrant be permitted to seek or obtain and, by entering this Promotion, each entrant waives all rights to claim, punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses incurred, but in no event attorneys' fees, and each entrant further waives any and all rights to have damages multiplied or otherwise increased. ANY ATTEMPT BY AN INDIVIDUAL TO UNDERMINE THE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.

12. WINNER LIST: For any legally required winner's list, send a self-addressed stamped envelope mentioning "KATE SPADE NEW YORK® Ratings & Reviews 2023/2024 Sweepstakes" to the following address: 2 Park Avenue, New York, NY 10016, attention E-Commerce Team, for receipt by no later than 30 days after the end of each monthly drawing.

This Promotion is in no way sponsored, endorsed or administered by, or associated with any social media platform on which it may be promoted or advertised. All questions, comments or complaints regarding the Promotion must be directed only to Sponsor.