Fabletics x LoveSweatFitness Summer Shape-Up Series Sweepstakes

FABLETICS x LOVESWEATFITNESS SUMMER SHAPE-UP SERIES SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING

1. Eligibility: This Fabletics Sweepstakes (the “Sweepstakes”) is open only to legal residents of the contiguous forty-eight (48) states of the United States (excluding Rhode Island), and the District of Columbia, and Canada (excluding Quebec) who are 18 years of age or older at the time of entry. Employees of JustFabulous, 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., 800 Apollo St., El Segundo, CA 90245 (“Sponsor”).

3. Timing: The Sweepstakes will begin on Monday, May 2, 2016 at 8:00 A.M. PST and end Friday, May 27, 2016 at 8:00 P.M. PST (“Sweepstakes Period”).

4. How to Enter: During the Sweepstakes Period, users must post a workout photo to their own valid Instagram account and use the hashtag(s) #?SummerShapeUp and tag @LoveSweatFitness & @Fabletics in the caption. Sponsor can only view posts and comments from public Instagram accounts. One (1) winner will be chosen weekly at random from the pool of entries made during the Sweepstakes Period.  No more than one person can enter using the same Facebook account. One (1) grand prize winner will be chosen weekly at random from the pool of entries made during the Sweepstakes Period. No more than one person can enter using the same Facebook account Use of any automated system to participate is prohibited and will result in disqualification.

5. 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.

6. Selection of Winners: A random drawing will be conducted by Sponsor from all eligible entries received. One (1) winner will be selected (“Winners”) at random every Friday. One (1) grand prize winner will be selected at random no later than May 31, 2016. Odds of winning depend on the number of eligible entries received during the Sweepstakes Period. Potential prize winners will be notified via Instagram comment or direct message within three (3) days after the end of the Sweepstakes Period. Entrants are responsible for ensuring that their Instagram 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. Sponsor’ decisions as to the random drawing are final and no correspondence will be entered into. Winners will have twenty-four (24) hours to claim their prize via response to Instagram comment. If the Winners are discovered to be invalid for any reason prior to delivery of the Prize, or if the Winners 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.

7. Prizes: One (1) weekly winner will receive one (1) Fabletics beach tote filled with Fabletics gear (choice of one Fabletics swimsuit, one Fabletics swimsuit cover up, one Fabletics water bottle and a Fabletics hat) each through his or her verified account. Total retail value of each prize is $260. One grand prize winner will receive a $100 Fabletics gift card and one (1) Fabletics beach tote filled with Fabletics gear (choice of one Fabletics swimsuit, one Fabletics swimsuit cover up, one Fabletics water bottle and a Fabletics hat) each through his or her verified account. Total retail value of each prize is $360.

8. 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.

9. 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.

10. Disputes: In the event of a dispute, the person to whom the Instagram Name used to enter the Sweepstakes was registered will be deemed the winning entrant. Potential winners may be required to show proof of identification in conjunction with prize award/acceptance.

11. 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.

12. Potential Winner(s), 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.

13. Liability: You agree that Sponsor and their respective parents, subsidiaries and affiliated companies and all their advertising and Sweepstakes agencies, as well as Instagram, Inc. (the “Released Parties”), will have no liability whatsoever in connection with this Sweepstakes 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 Sweepstakes or your acceptance, use or misuse of the prize. By entering the Sweepstakes, 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 Instagram, 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 Sweepstakes 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 Sweepstakes or receipt or use or misuse of the prize.

14. Conditions of Participants’ Conduct: Sponsor reserves the right in its sole discretion, to modify, cancel, terminate, and/or suspend the Sweepstakes 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 Sweepstakes 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.Fabletics.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.

15. 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 Sweepstakes 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 Sweepstakes and all aspects related thereto.

16. Indemnification:

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.

 

17. 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.

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