CATHERINES AUGUST 2015 SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNER MAY BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS AND SIGN DOCUMENTATION, SUCH AS A RELEASE WITHIN FIVE (5) BUSINESS DAYS, AS MORE FULLY DETAILED BELOW.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”). A VALID FACEBOOK ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY.
BY ENTERING THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
The following Sweepstakes is intended for participation in the United States only, and shall only be construed and evaluated according to the laws of the State of Pennsylvania. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry or if you do not meet the eligibility requirements described below.
OVERVIEW: The Catherines August 2015 Style Ambassador Sweepstakes (“Sweepstakes”) begins at 9:00 a.m. Eastern Time (“ET”) on August 3, 2015, and ends at 11:59 p.m. ET on August 20, 2015 (“Sweepstakes Period”). The Sweepstakes is sponsored by Catherines, Inc. (“Sponsor”). One (1) Prize (defined below) will be awarded in a random drawing from among all eligible entries received for the Sweepstakes.
ELIGIBILITY: The Sweepstakes is open only to legal residents of any one (1) of the fifty (50) United States or the District of Columbia who are at least eighteen (18) years old and the age of majority in their jurisdiction of primary residence and who are registered users of Facebook in good standing as of August 3, 2015. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees and agents of Sponsor, Woobox LLC, their respective parents, divisions, affiliates, subsidiaries, advertising agencies or promotional partners associated with this Sweepstakes, and relatives of and those living in the same household as such individuals are not eligible to enter or win the prize. For the purpose of this Sweepstakes, relatives are defined as spouse, domestic partner, parent, legal guardian, in-law, grandparent, sibling, children and grandchildren. This Sweepstakes is void in all U.S. territories (including Puerto Rico), possessions and overseas military installations, and where prohibited by law.
TO ENTER: Sweepstakes Period starts on August 3, 2015 at approximately 9:00 a.m. ET upon the posting of the Sweepstakes entry form on the Catherines Facebook Wall at www.facebook.com/CatherinesPlusSizes (“Site”) and ends on August 20, 2015 at 11:59 p.m. ET. To enter, eligible individuals must visit the Site during the Sweepstakes Period and (1) click the “Sweepstakes” link provided in the Wall Post to be directed to the online entry form (“Entry Form”); (2) complete the Entry Form by providing all requested information; (3) vote for a favorite style; and (4) follow the provided instructions to submit the Entry Form. Limit one (1) entry per person.
Entries must be received during the Sweepstakes Period and in strict accordance with the instructions and restrictions provided at the time of entry and these Official Rules. Entries may not be made jointly or by any group and may only be made by an individual. Sponsor’s database clock will be the official timekeeper for this Sweepstakes. For purposes of this Sweepstakes, an entry is “received” when the completed Entry Form is recorded on Sponsor’s servers. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Those who do not provide the required information in their Entry Form or abide by these Official Rules and other instructions of Sponsor or Woobox LLC will be disqualified. All entries become the sole property of Sponsor and will not be acknowledged or returned. Entries that are facsimiles, mechanical reproductions, forged, altered, garbled, incomplete, misdirected, lost, late, stolen, delayed, mutilated, destroyed, illegitimate or illegible or are generated by a macro, bot, or other automated means will not be accepted and are void. Entries made by any other individual or any entity, and/or originating at or using any other web site, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
Multiple participants are not permitted to share the same email address to enter the Sweepstakes. Any attempt by an entrant to submit more than permitted number of entries or otherwise to violate these Official Rules by using multiple, different or false email addresses, identities, registrations, contact information and logins, or by any other methods, will void that entrant’s entries and that entrant may be disqualified. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to submit the entry will be deemed to be the entrant, but only if that person is an eligible entrant in accordance with these Official Rules. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entrants, including the potential winner, may be required to show proof of being the authorized account holder of an entry.
As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and its representatives to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.
PRIZE: One (1) winner of the Sweepstakes, subject to verification, will receive one (1) Five Hundred Dollar ($500.00) Catherines Gift Card.
Approximate Retail Value (“ARV”) of the Prize is $500.00 USD. Gift card is subject to its terms and conditions.
All prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. Sponsor is not responsible for and winner will not receive the difference, if any, between the actual value of the prize at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or materials. Prize will only be mailed to verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole discretion. If legitimately claimed, the prize will be awarded. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of the Prize, are the sole responsibility of winner. Sponsor is not responsible for and will not replace any lost, mutilated or stolen Prize or any Prize that is undeliverable or does not reach a winner because of an incorrect or changed address or other contact information. If the winner does not accept or use the entire Prize, the unaccepted or unused part of the Prize will be forfeited and Sponsor will have no further obligation with respect to the Prize or portion of the Prize. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion or as required by law. Sponsor is not responsible for any inability of the winner to accept or use the Prize (or portion thereof) for any reason. Sponsor reserves the right to substitute the stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prize will be awarded. The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of his/her prize.
ODDS/SELECTION OF WINNER: Odds of winning the Sweepstakes depend on the number of eligible entries received for the Sweepstakes. On or about August 21, 2015, Sponsor or its designated agent/representative, whose decisions are final, will conduct a random drawing from among all eligible entries received for the Sweepstakes to determine the one (1) winner of the Sweepstakes. Sponsor or its designee will attempt to notify the potential winner of the Sweepstakes that he or she may have won the prize in the Sweepstakes by e-mail, mail or telephone (at Sponsor’s/designee’s sole discretion) on or about August 26, 2015, using the contact information provided at the time of entry, or Sponsor/designee may choose (in its sole discretion) to mail the prize won to the selected winner without prior notice. Winner may be required to complete, sign, have notarized (if applicable) and return, without alteration and in the form presented by Sponsor, and affidavit of eligibility and liability/publicity release (unless prohibited by law) and tax forms within the timeframe specified by Sponsor or prize may be forfeited. In the event of noncompliance with these requirements, the prize may be forfeited. The affidavit of eligibility and liability/publicity release are subject to verification by Sponsor. By entering the Sweepstakes and providing your home address, email address and phone number, you authorize Sponsor to contact you by email, mail and/or telephone for the purpose of potential winner notification. If the Prize, Prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable, if the potential winner does not respond according to the notification’s or Sponsor’s instructions (as determined by Sponsor in its sole discretion) or cannot be reached after a reasonable attempt has been made by Sponsor, if winner cannot participate in any portion of the Prize, or if the winner or potential winner fails to comply with these Official Rules, the Prize may be forfeited in Sponsor’s sole discretion and an alternate winner may be selected based on the original method of winner selection in Sponsor’s sole discretion. Sponsor will not be obligated to pursue more than (3) alternate winners for the Prize for any reason, in which case the Prize may go unawarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner, if any.
LIMITATION OF LIABILITY:
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY Sponsor, Woobox LLC, FACEBOOK, Inc. and their respective parents, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies, and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “SWEEPSTAKES ENTITIES”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the USE, acceptance, possession, MISUSE or awarding of THE prize, while preparing for, participating in and/or traveling to or from any prize- OR SWEEPSTAKES-related activity including, without limitation, any injury, damage, death, loss, OR accident to person or property OR CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY, COPYRIGHT, AND/OR INFRINGEMENT OF OTHER INTELLECTUAL PROPERTY. WINNER AGREES (AS BETWEEN WINNER AND SPONSOR) THAT HIS/HER PRIZE is provided As-Is without any warranty, representation or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of HIS/HER PRIZE, including, without limitation, its QUALITY, MERCHANTABILITY or FITNESS FOR A PARTICULAR PURPOSE.
EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: Sweepstakes Entities are not responsible and/or liable for any of the following, whether caused by a Sweepstakes Entity, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Sweepstakes-related advertisements or other materials; failures of electronic equipment, computer hardware or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information. Sweepstakes Entities are not responsible for any changes or unavailability of the Facebook platform or application used in connection with this Sweepstakes that may interfere with the running of the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor’s ability to use the Facebook for the Sweepstakes as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Sweepstakes. Sweepstakes Entities are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor. Sweepstakes Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Without limiting any other provision in these Official Rules, Sweepstakes Entities are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Sweepstakes Entities’ operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Sweepstakes Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sweepstakes Entities’ sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Sweepstakes Entities from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to the Sweepstakes, including interpretation of these Official Rules and awarding of the Prize. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Sweepstakes. Participants further agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. Sponsor’s failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency in these Official Rules), it will be resolved in Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time in its sole discretion that the winner or potential winner is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to disqualify that winner or potential winner, even if the disqualified winner or potential winner may have been notified or displayed or announced anywhere. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. If the Sweepstakes is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes and award the Prize from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain the Prize, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Any damage made to the Facebook Platform will be the responsibility of the registered account holder of the e-mail address for the Facebook account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
Disputes/Governing Law: Except where prohibited, as a condition of participating in this Sweepstakes, each entrant agrees that any and all disputes that cannot be resolved between the entrant and any Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the Prize awarded, or the determination of the winner must be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (if any), not to exceed ten U.S. dollars ($10 USD), and entrant further waives all rights to have damages multiplied or increased.
This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of Pennsylvania, without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Philadelphia County, Pennsylvania, and each entrant accepts and submits to the personal jurisdiction of these Pennsylvania courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNER LIST: For the name of the Prize winner, email Sponsor, Attn: Michelle Reese, at email@example.com with the subject line “Catherines August 2015 Style Ambassador Sweepstakes.” The name of the Prize winner will be available after the selection and confirmation of the winner for up to three (3) months.
SPONSOR: Catherines, Inc., 3750 State Road, Bensalem, PA 19020.