FABLETICS PHOTO SWEEPSTAKES OFFICIAL RULES
1. OFFICIAL RULES. The following are the official rules (“Rules”) for the Share Where You Wear (“Sweepstakes”). In order to enter the Sweepstakes, you must agree to these Rules. You agree that submission of an entry form and/or participation in the Sweepstakes constitutes your agreement to these Rules.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSOR. The Sweepstakes is sponsored by Just Fabulous, Inc. (“Sponsor”), a Delaware corporation with its principal place of business at 2301 Rosecrans Ave., 5th Floor, El Segundo, CA 90245.
3. ENTRY & ELIGIBILITY. To enter the Sweepstakes, follow the directions on Fabletics Facebook application located at http://bit.ly/1bbQZcx (“Entry”). One Entry per person, per week. Entries that are lost, late, incomplete, misdirected or altered for any reason, including hardware, software, browser or network failure, malfunction, congestion, or incompatibility will be ineligible. Only legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older may enter and participate in the Sweepstakes, except employees, agents, or representatives of the Sponsor or any of its subsidiaries, affiliates, or members of their immediate family.
4. PRIZES. Three (3) random winners will win one (1) Fabletics credit each (“Prize”) to spend on Fabletics.com through a verified account. [SS1] Limit one (1) Prize per Winning Entry. Once the three (3)winners are chosen, they cannot win again within eight (8) weeks of the Sweepstakes duration. All results and decisions are final and binding in all respects. The odds of winning will depend on the number of eligible Entries received during the applicable entry period. The approximate retail value of each Prize for each of the winners is $49.95, for a value of $149.85. The Prize is not transferable or redeemable in cash and must be accepted as awarded. Taxes related to the Prize, if any, are the sole responsibility of the Winner.
6.TIMING. The Sweepstakes begins on December 2, 2013 at 4:01 PM PST and ends on December 31, 2013 at 11:59pm PST. (“Offer Period”).
7. SELECTION OF WINNER: Three (3) winners will be selected at random after the Offer Period from the pool of eligible entries received. The Winner will be notified by email. Entrants are responsible for insuring that all e-mail information is up-to-date and accurate. If the winning Entry is discovered to be invalid for any reason prior to delivery of the Prize, or if the Winner cannot be contacted or does not respond within seven (7) business days, an alternate winner may be selected, at the sole discretion of the Sponsor. If there is no winner by the 30th day after end of Sweepstakes, no further winners will be chosen. Winners will be announced on the Facebook application: http://bit.ly/1bbQZcx.
8. ACCEPTANCE OF RULES. By entering and participating in the Sweepstakes, you agree to be bound by these Rules and by Sponsor’s decisions, which are final and binding on all matters relating to the Sweepstakes. Entrants are required to provide accurate, valid and truthful information at all times. Sponsor will reject and delete any Entry that it discovers to be false, fraudulent, illegal or deceptive and will disqualify any entrant who tampers with the Entry process, the operation of the Sweepstakes, or is otherwise in violation of the Rules. Sponsor is not responsible for electronic transmission errors which result in the omission, interruption, deletion, defect, destruction, alteration, and/or delay of any Entry. Sponsor is not responsible for any technical, network, electronic, computer, hardware and/or software malfunction, problem, incompatibility, congestion or failure of any kind. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes at any time, in its sole discretion, if the Sweepstakes is not capable of completion as planned, including without limitation, the lack of Entry submissions, incomplete Entries, computer viruses, bugs, tampering, unauthorized intervention or technical failures of any sort, without notice. Upon cancellation or termination of the Sweepstakes for any reason, Sponsor shall have no obligation to award prizes or compensation of any kind.
9. DISPUTES, CHOICE OF LAW. This Sweepstakes is governed by the laws of the State of California, United States. All federal, state and local laws and regulations apply. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or the awarding of the prize shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in California (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) no punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. CALIFORNIA Law, without reference to choice of law rules, governs the Promotion and all aspects related thereto.
10. REPRESENTATION AND WARRANTIES. By submitting an Entry and participating in the Sweepstakes, you represent and warrant that (i) your Entry is original and that you are the sole and exclusive owner and rights holder of the submitted Entry, or you have obtained the necessary permission to include the Entry in the Sweepstakes, and that you have the right and authority to submit the Entry in the Sweepstakes; (ii) your Entry does not violate any third party intellectual property or proprietary rights; and (iii) you are otherwise not in violation of any applicable laws, rules and/or regulations.
11. GRANT OF PUBLICITY RIGHTS. By submitting an Entry and participating in the Sweepstakes, you agree and hereby grant Sponsor and its affiliates permission to use, copy, modify, publish, and/or reproduce your Entry, including but not limited to your name, likeness, image, story and photos, for any purpose, including but not limited to marketing, media, editorial, commercial, advertising, promotional and/or publicity purposes, in any form of media anywhere in the world, without further compensation to you. You also agree to participate in any marketing, media, editorial, commercial, advertising, promotional and/or publicity activity related to the Sweepstakes.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, LICENSEES, SUCCESSORS, REPRESENTATIVES AND AGENTS AT ALL TIMES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, LOSSES, LIABILITIES, DAMAGES, PROCEEDINGS, COSTS (INCLUDING ATTORNEYS’ FEES) AND EXPENSES FOR ANY INJURY, DAMAGE OR LOSS CAUSED OR CLAIMED TO BE CAUSED, BASED UPON, OR ARISING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZE OR ANY PART OF THE PRIZE, ENTERING THE SWEEPSTAKES, PARTICIPATION IN THE SWEEPSTAKES, OR PARTICIPATION IN ANY PRIZE RELATED ACTIVITY OR EVENT.
In no event shall Sponsor be liable to a winner or entrant for any indirect, incidental, consequential, special or punitive damages of any kind, whether in contract, tort, negligence, strict liability, statutory or any other theory of liability arising from or related to the Sweepstakes, or any aspect of winner’s or entrant’s participation in or termination from the Sweepstakes as provided herein, even if Sponsor has been advised of the possibility of such damages. In no event shall Sponsor be liable to a winner or entrant for any amount with respect to winner’s or entrant’s participation in or disqualification from the Sweepstakes, or from the termination or cancellation of the Sweepstakes. To the extent permitted by law, the rights to litigate, seek injunctive relief or to any other recourse to judicial or any other procedure in case of disputes or claims resulting from or related to the Sweepstakes are hereby excluded, and you expressly waive any and all such rights.
13. GENERAL. If any section, provision, term or clause shall be held or found to be unenforceable or invalid by a court decision, statute, rule or otherwise, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from these Rules to the extent necessary to make such provision enforceable and consistent with the remainder of these Rules.