NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNIN
1. Eligibility: This Fabletics Twitter Contest (the “Contest”) is open only to legal residents of the contiguous forty-eight (48) states of the United States and the District of Columbia who are 18 years of age or older at the time of entry. Employees of Sponsor.com, Inc. and their respective parents, affiliate companies, subsidiaries, Contest agencies, suppliers and members of their immediate families, are not eligible. Void in Alaska, Hawaii, Puerto Rico and where prohibited by law. For purposes of the Contest, “immediate family” is defined as spouses, parents, children, siblings and their respective spouses, regardless of whether they reside in the same household.
2. Sponsor: Just Fabulous, Inc., 2301 Rosecrans Ave, Ste. 5100, El Segundo, CA 90245. (“Sponsor”).
4. Timing: The Contest begins December 9, 2013 at 12:01PM PST and ends December 13, 2013 at 12:01 AM PST (the “Contest Period”).
5. How to Enter: During the Contest Period, users must Tweet through a valid Twitter account a #GymOffense using that hashtag and tag @Sponsor. Winners will be chosen at random from the pool of entries. Users can tweet up to, but no more than, three (3) times. No more than one person can enter using the same Twitter account. Use of any automated system to participate is prohibited and will result in disqualification.
6. Entry Errors: Sponsor is not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries, which will be disqualified. Sponsor is not responsible if online service or equipment is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other equipment, (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of information or the failure to capture any such information, or (6) printing or typographical errors.
7. Selection of Winner: A random drawing will be conducted on or about December 19, 2013 by Sponsor from all eligible entries received. Five (5) winners will be selected, one for each day during the Contest Period. Odds of winning depend on the number of eligible entries received. Potential prize winners will be notified via Twitter message. Entrants are responsible for insuring that their Twitter Account information is up-to-date and accurate. Prize notices returned as undeliverable will result in the disqualification of the potential prize winner(s) and an alternate winner will be selected. The entrants initially selected as the potential winners will be notified by Twitter message within 5 days of the end of the Contest Period. Sponsor’ decisions as to the random drawing are final and no correspondence will be entered into. Winner(s) will have twenty-four (24) hours to claim their prize via response to the Twitter message. If the Winner(s) are 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 the 24 hour time period, an alternate winner may be selected, at the sole discretion of the Sponsor.
8. Prizes: Five (5) winners will each receive one (1) spending credit on Fabletics.com each through verified accounts. The prizes are non-transferable.
9. Terms and conditions of Prize Drawings: (1) Prizes cannot be combined with any other offer; (2) Income and other taxes are the sole responsibility of winner (3) Prizes are non-transferable, non-refundable and have no cash value if not used.
10. Acceptance of Official Rules: As a condition of entry, participants fully and unconditionally agree to these Official Rules, to the Terms and Conditions of Prize Drawings and to Sponsor’s decisions, which are final and binding in all respects. Sponsor’s failure to enforce any provision of these Official Rules shall not constitute the waiver of such provision.
11. Disputes: In the event of a dispute, the person to whom the Twitter Name used to enter the Contest was registered will be deemed the winning entrant. Potential winners may be required to show proof of identification in conjunction with prize award/acceptance.
12. Substitution, Taxes: No assignment or transfer of prizes will be permitted, except at Sponsor’s sole discretion. WINNERS ARE SOLELY RESPONSIBLE FOR ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OF PRIZES.
13. Potential Winner, Publicity: As a condition of entry, you grant consent to Sponsor, and their respective agents to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without payment, consideration, notice or approval and without geographic or time limitation, except where prohibited by law.
14. Liability: You agree that Sponsor and their respective parents, subsidiaries and affiliated companies and all their advertising and Contest agencies, as well as Twitter, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Contest and, you shall hold them harmless for any injuries, losses or damages of any kind that you or others may incur as a consequence of your participation in the Contest or your acceptance, use or misuse of the prize. By entering the Contest, entrant explicitly releases, discharges and holds harmless the Sponsor, their successors and assigns and all their respective shareholders, directors, officers and employees, as well as Twitter, Inc., one and all, from any and all liability, actions, causes of action, damages, actual, incidental or consequential, claims and demands whatsoever in law or equity, including attorneys’ fees and/or experts fees and costs, which he/she now has or may acquire, by reason of any personal injury, death, loss of or damage to property, or any reason, occurring during or arising out of his/her participation in the Contest and the acceptance and use or misuse of the prize. The Released Parties are not responsible for 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 the prize.
15. Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Contest and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Contest is terminated early, Sponsor will make the prizes available to be won among all eligible persons who entered prior to the date of termination and notice of such action will be posted on Sponsor’ Website (www.Sponsor.com). Without limiting the foregoing, Sponsor may lock out any entrant who, in Sponsor’s sole judgment, has been disqualified, has questionable eligibility or is otherwise ineligible to enter.
16. Disputes/Choice of Law: 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 the awarding of the prizes shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in State of 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 Contest and all aspects related thereto.
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 Contest, or any aspect of winner’s or entrant’s participation in or termination from the Contest 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 Contest, or from the termination or cancellation of the Contest. 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 Contest 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.