Rules and Regulations
(Horror Capsule Sweepstakes)
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 “Horror Capsule Sweepstakes” (“Promotion”) is from 9:00:00 AM EDT on Wednesday, September 14, 2022 to 9:00:00 PM EDT Wednesday, September 14, 2022.
2. Who Can Enter: The Promotion is open to legal residents of the 48 contiguous United States and Washington D.C. who are the age of majority in their state of residence 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 New rue21, LLC (“Sponsor” or “rue21”) 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.
4. Prizes and Prize Drawings: One winner will be selected during the Promotion period. After the Entry Period ends, but before Wednesday, September 21, 2022 one (1) prize winner will be randomly selected from the eligible entries. The prize winner will receive one $250 rue21 gift card with an estimated value of $250. The odds of winning a Prize are based on the number of eligible entries received by rue21 during the duration of the promotion. No individual prize to be awarded in the Promotion is valued at over TWO HUNDRED FIFTY dollars and zero cents ($250) and the total value of all prizes to be awarded over the life of the Promotion is approximately two hundred fifty Dollars and zero cents ($250). The winner will also be featured on the rue21 website and on official rue21 social media. Winner will be contacted via Instagram message (or phone or e-mail if available) if she/he have won. Winner agrees to the use of her/his name, address, state of residence, voice and/or likeness for purposes of advertising, promotion and publicity of this Promotion without further compensation.
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. Winner is 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 winner 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. Winner 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 randomly selected from the remaining eligible entries. 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 awarded pursuant to the terms and conditions of this Promotion may be required to submit an Affidavit of Eligibility and Release of Liability upon request of rue21.
6. General Conditions: If, for any reason, the Promotion is not capable of running as planned, including, but not limited to, as a result of 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 2 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, AGENTS, AND AFFILIATED PARTIES (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, INTERRUPTIONS, OR FOR ANY REASON DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, TERRORISM, OR OTHER EVENTS BEYOND THE REASONABLY CONTROL OF THE RELEASED PARTIES.
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. Governing Law and Disputes: This Promotion is governed by the laws of the Commonwealth of Pennsylvania and is void outside the United States and where prohibited by law. 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; (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; and (d) entrants irrevocably waive any right to equitable or injunctive relief. 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 Commonwealth of Pennsylvania or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than Commonwealth of Pennsylvania.
10. Rules and Regulations and Winner List: For the name of the winner of prizes, send a self-addressed, stamped envelope to: “Horror Capsule Sweepstakes Winner”, 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: “Horror Capsule Sweepstakes”, 800 Commonwealth Drive, Warrendale, PA USA 15086, Attn: Marketing. Allow approximately two (2) weeks for delivery.
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.