The rue21 “Instagram Sharing 2016" Social Contest
Rules and Regulations
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. VOID IN PUERTO RICO AND WHERE PROHIBITED OR RESTRICTED BY LAW AND OUTSIDE THE UNITED STATES. IF YOU ARE UNDER THE AGE OF MAJORITY IN YOUR STATE OF RESIDENCE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSION PRIOR TO ENTERING. MANY WILL ENTER, ONE WILL WIN.
1. Entry Periods: The rue21 “Instagram Sharing 2016” Contest (the “Promotion”) will have weekly entry periods, each beginningat 12:00:00 p.m. ET on Monday and ending on 11:59:59 a.m. ET the following Monday, beginning January 18, 2016 and ending January 2, 2017 (each weekly period hereinafter defined as an “Entry Period”).
2. Who Can Enter: The Promotion is open to legal residents of the 50 United States and Washington D.C. who are of the age of majority in their state of residence at the time of entry, or who are between the ages of thirteen and seventeen and have their parents’ permission to enter. Void where prohibited. Employees, members, officers or directors of rue21, inc. (“Sponsor”), its respective parent companies, affiliates, affiliated companies, subsidiaries, distributors, advertising and promotion agencies, and any and all other companies associated with the design or execution of the Promotion (collectively, the “Promotion Parties”) and the members of the immediate families or households of any of the foregoing are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Rules and Regulations and to Sponsor’s decisions, which are final and binding in all matters. Winning a prize is contingent upon fulfilling all requirements set forth herein. All federal, state and local laws and regulations apply.
No Sponsorship or endorsement of the Promotion Parties by Instagram is intended or implied; nor is Instagram associated with the Promotion in any way. Any questions, comments or complaints about the Promotion should be directed to Sponsor and not to Instagram. All information provided for entry into the Promotion is being provided to Sponsor.
4. Prizes and Prize Drawings: During the Judging Period which follows each Entry Period, a panel of rue21 judges will select from all Pictures received during each Entry Period one (1) Grand Prize winner based on the following criteria: (1) originality (25%); (2) uniqueness (25%); and (3) personal style and sense of adventure (50%). The Grand Prize winner will receive one (1) rue21 gift card in the amount of Fifty Dollars ($50). Winners and other entrants will also be featured on the rue21 website and in official rue21 social media and e-mail marketing campaigns and rue21 will feature winning and other Pictures in our advertising material upon receipt and in rue21’s sole discretion at any time. No individual prize to be awarded in the Promotion is valued at over Fifty Dollars ($50) and the total value of all prizes to be awarded over the life of the Promotion is approximately Two Thousand Six Hundred and Fifty Dollars ($2,650).
The approximate retail value of the grand prize represents Sponsor’s good faith determination. That determination is final and binding and cannot be appealed. If the actual value of the prize turns out to be less than the stated approximate retail value, the difference will not be awarded in cash. The winners may be featured on the rue21 Facebook, Instagram, Twitter pages and other social media and advertising. rue21 shall exclusively own all worldwide right, title, and interest in all submitted Pictures and any incomplete entries.
Prizes are not transferable and no substitutions are allowed except in rue21’s sole discretion. Non-cash prizes may not be redeemed for cash. Further, rue21 reserves the right to substitute a prize of equal or greater value if prizes are unavailable. Winners are solely responsible for the reporting and payment of all applicable federal, state and local taxes (including but not limited to income and sales taxes) attributable to their prize.
5. Winner Notification. Winners will be contacted via Instagram message (or phone or e-mail if available) if they have won. Proof of parental permission, if applicable, must be obtained prior to fulfilling any prize. An entrant is not a winner unless and until entrant’s eligibility has been verified. Return of any prize or prize notification as undeliverable may result in disqualification and selection of an alternate winner. Winners will be required to respond to the communication from rue21 to acknowledge receipt. If no response is obtained within 48 hours of notification, the next qualifying entrant will be deemed a winner. In the event a question regarding a winner’s identity arises, entries will be deemed made by the holder of the e-mail account associated with the entry. Each winner of the prize must submit an Affidavit of Eligibility and Release of Liability upon request of rue21.
6. General Conditions: This Promotion is governed by the laws of the United States and is void outside the United States and where prohibited by law. If, for any reason, the Promotion is not capable of running as planned, including infection by computer virus or bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Promotion, Sponsor may, in its sole discretion, void any suspect entries and: (a) cancel or terminate the Promotion (or any portion thereof); (b) modify the Promotion or suspend the Promotion to address the impairment and then resume the Promotion in a manner that best conforms to the spirit of these Rules and Regulations; and/or (c) award all prizes claimed prior to cancellation from among the eligible, non-suspect entries received, up to the time of impairment. Entrants waive any right to claim ambiguity in regard to the interpretation or implementation of these official rules.
7. Limitations of Liability: BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT PROMOTION PARTIES, AND THEIR AFFILIATES, INSTAGRAM AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST LIABILITY FOR ANY INJURIES, LOSSES, OR DAMAGES RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THE PROMOTION, ACCEPTANCE, POSSESSION, MISUSE, OR USE OF A PRIZE, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, CONCERT CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (b) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Promotion; (d) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (e) 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 Promotion or receipt or use or misuse of any prize.
ALL PRIZES ARE AWARDED “AS IS” AND WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ALL SUCH WARRANTIES ARE HEREBY DISCLAIMED. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Rules and Regulations shall not constitute a waiver of that provision.
8. Disputes: Entrants agree that (a) any and all disputes, claims and causes of action arising out of, or connected with, the Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the State and Federal Courts of the Commonwealth of Pennsylvania, in the County of Allegheny and/or the Western District of Pennsylvania; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion but in no event attorneys' fees; and (c) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules and Regulations, entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules (whether of the State of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than State of Pennsylvania.
10. Sponsor: The Sponsor of this Promotion is rue21, inc. with offices at800 Commonwealth Drive, Warrendale, PA USA 15086.
11. Rules and Regulations and Winner List: For the names of the winners of prizes, send a self-addressed, stamped envelope to: “rue21 Instagram Sharing 2016 Social Contest Winners”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing. For the Rules and Regulations, available for 90 days after winner selection, visit www.rue21.com or send a self-addressed, stamped envelope to: “rue21 Instagram Sharing 2016 Rules”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing. Allow approximately two (2) weeks for delivery.