Rules and Regulations
(rue21 Naughty or Nice Instagram Contest)
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN IN THIS PROMOTION. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.
1. Entry Timing: The Entry Period for the rue21 “rue21 Naughty or Nice Instagram Contest” (“Promotion”) is from 9:00:00 AM EST on November 26, 2017, to 11:59:59 PM EST December 24, 2017.
2. Who Can Enter: The Promotion is open to legal residents of the 50 United States and Washington D.C. who are the age of eighteen (18) years old and older at the time of entry. Entrants must be an Instagram account holder to enter, and entrant’s Instagram account must not be private. Void where prohibited. Employees, members, officers or directors of rue21 (“Sponsor”) and 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. All information provided for entry into the Promotion is being provided to Sponsor.
4. Prizes and Prize Drawings: During the Judging Period December 25, 2017 – December 26, 2017), a panel of rue21 judges will select from all Your Post’s one (1) Grand Prize Winner based on the following criteria: (1) creativity (50%); and (2) originality (50%). The 2 Grand Prize Winners will each receive Five Hundred Dollars ($500.00) worth of rue21 gift cards. No individual prize to be awarded in the Promotion is valued at over Five Hundred Dollars ($500.00) and the total value of all prizes to be awarded over the life of the Promotion is approximately One Thousand Dollars ($1,000.00). The Grand Prize Winner will also be featured on the rue21 website and in official rue21 social media. The Winners will be contacted via Instagram message (or phone or e-mail if available) if they have won. Prizes are not transferable, and no substitutions are allowed except in rue21’s sole discretion. Non-cash prizes may not be redeemed for cash. The images of merchandise displayed in the Promotion are not necessarily photographs of the actual prizes that will be awarded or available for purchase with rue21 gift cards. Further, rue21 reserves the right to substitute a prize of equal or greater value if the advertised prize (or portion of prize) is 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 prizes. rue21 shall exclusively own all worldwide right, title, and interest in all submitted entries.
5. Winner Notification: An entrant is not a winner of any prize unless and until entrant’s eligibility has been verified. Potential winners will be notified by Instagram message or (if possible) by e-mail or phone. 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 of the prize. If no response is obtained 48 hours of notification, attempts may be made to reach the winner by phone or mail or, at rue21’s option, the prize will be awarded to a replacement winner selected by a panel of rue21 judges. 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. The winner of a prize may be required to 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 SPONSOR, 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, INTELLECTUAL PROPERTY RIGHTS EMBODIED IN ANY DESCRIPTION, 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.
Rules and Regulations and Winners List: For the names of the winners of prizes, send a self-addressed, stamped envelope to: “rue21 Naughty or Nice Instagram 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 Winners”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing. Allow approximately two (2) weeks for delivery.