The maurices Denim Obsessed Sweepstakes Official Rules
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN THE TIME FRAMES SET FORTH IN THE NOTICE FROM SPONSOR OR PRIZE MAY, IN SPONSOR’S SOLE DISCRETION, BE FORFEITED.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC (“INSTAGRAM”).
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 maurices Denim Obsessed Sweepstakes (“Sweepstakes”) is sponsored by Maurices Incorporated (“Sponsor”). The Sweepstakes beginsat 3:00:00 p.m. Central Time (“CT”) on August 12, 2013,and ends at 2:59:59 p.m. CT on August 23, 2013 (“Sweepstakes Period”). During the Sweepstakes Period, eligible entrants (see eligibility requirements below) may enter the Sweepstakes by taking a photograph of themself wearing any item of maurices-brand denim apparel and then taking the required steps online, including posting the Photograph to their Instragram user account along with the hashtag “#mauricesDenimObsessed” and the words “@maurices” and “Sweeps Entry.” You may also enter by mail, without taking a Photograph, as more fully described in the “How to Enter” section below. A random drawing will be conducted after the end of the Sweepstakes Period to select the winners from among all eligible entries received.
This Sweepstakes is only open to legal residents of any one (1) of the fifty (50) United States, the District of Columbia, or Canada (excluding Quebec)( the “Territory”) who are at least eighteen (18) years old and the age of majority in their jurisdiction of residence. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees of Sponsor, Ascena Retail Group, Inc., and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, members, managers, employees, representatives and agents, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their parent corporations, subsidiaries and affiliated companies (collectively, “Released Parties”), and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (whether or not related), are ineligible to participate in this Sweepstakes.
HOW TO ENTER: If you meet the eligibility requirements, you may enter this Sweepstakes in one of two ways:
(1) Through Instagram. You may enter the Sweepstakes by logging into your Instagram account and making a post on the Instagram Service (defined below) during the Sweepstakes Period that includes (i) a photograph of you alone fully clothed wearing any item of maurices-brand denim apparel and not showing any other brands or logos (“Photograph”) and (ii) the hashtag “#mauricesDenimObsessed” and the words “Sweeps Entry” and “@maurices” (“Entry Post”). Only Instagram accounts associated with an individual may be used for entry in this Sweepstakes. Entries received from an Instagram account associated with any organization, company, corporation, partnership or other entity will be void. Your Entry Post will appear on your Instagram account and may be visible to other users or the public. Your Photograph must have been taken by you. By uploading your Photograph and entering the Sweepstakes, you represent and warrant that you have all rights necessary to use the Photograph and that the Photograph does not violate the rights of any third-party. The Instagram mobile application, website (www.instagram.com), and all other hardware and software used by Instagram to provide its social-media service are referred to collectively in these Official Rules as the “Instagram Service.” Entry Posts must be received and identifiable by Sponsor during the Sweepstakes Period. Entries are “received” via this entry method when the Instagram Service’s database records the completed Entry Post and the Entry Post is viewable by Sponsor. Only entries that are identified and recorded on the platform’s servers during the Sweepstakes Period will be considered. Other proof of submitting an entry (such as a printed or copied screenshot of your Instagram feed) does not constitute actual receipt of the entry for purposes of this Sweepstakes. Your Entry Post must remain active on your Instagram account through winner selection and prize award for this Sweepstakes. Sponsor may not be able to view Entry Posts or otherwise receive entries or detect participation from Instagram users whose accounts are set to “private” (i.e., where user has set his or her account so that only people the user has approved can view their posts) due to the way Instagram operates the Instagram Service. Sponsor is not responsible for misspellings, typographical errors, or other issues that may affect an Entry Post from being located using a search to find eligible entries. Sponsor, at its sole discretion, may accept or disqualify an Entry Post that contains a technically incorrect required unique term. Entry Posts that are not both actually visible and received by Sponsor will not be entered into Sweepstakes.
Sponsor reserves the right to disqualify any entry associated with a Photograph that contains third-party intellectual property, content in addition to the required content, a technically incorrect required term, content that Sponsor deems obscene, offensive, harmful, or inappropriate, or contains any language communicating messages inconsistent with the positive images with which Sponsor wishes to associate itself (all as determined by Sponsor in its sole discretion). Attempts at entry outside the Sweepstakes Period will be void. Each entrant must be the rightful owner of the Instagram account, and corresponding email account, utilized for an entry. Sponsor is not responsible for changes to the Instagram Service or its functionality that may interfere with the Sweepstakes or ability of a participant to timely enter or otherwise participate at all. All Entry Posts must comply with the Instagram Terms of Service available at www.instagram.com, including any technical requirements (e.g., file size limits for uploaded Photographs or character restrictions).
(2) By Mail (“Mail-In”): Eligible entrants may enter by mail. To enter by mail, without a photo, hand print your first and last name, postal address (no P.O. boxes), phone number (including area code) and email addresson a piece of paper and mail the entry in a first-class postage-prepaid envelope to: maurices Denim Obsessed Sweepstakes, Maurices Incorporated, 105 West Superior St., Duluth, MN 55802 USA.Mail-In entries must be postmarked by August 23, 2013, and received no later than September 6, 2013. A Mail-In entry is “received” when Sponsor actually receives the completed entry form. Mechanically reproduced entries or entries generated by automated means will not be accepted. Incorrect, illegible, forged, altered, lost, late, misdirected, mutilated, garbled, postage-due and incomplete entries are void. Limit one (1) entry per outer envelope.
The following applies to all entries, regardless of entry method: All entries must comply with these Official Rules and, for Instagram entries, Instagram’s Terms of Service. Each entrant should review all personal information entered for accuracy purposes and make all corrections necessary to inaccurate data before submitting his/her entry. Entries may not be made jointly or by any group and may only be made by an individual.Entries must be received during the Sweepstakes Period through the Instagram entry method and must be postmarked during the Sweepstakes Period and received by September 6, 2013 for the Mail-In entry method and in strict accordance with these Official Rules. Sponsor’s clock will be the official timekeeper for this Sweepstakes. Limit one (1) entry per person regardless of method of entry. Attempts made by an individual to submit entries in excess of the stated limit or otherwise in violation of these Official Rules, by using multiple or false contact information or otherwise, may be disqualified. All entries become the sole property of the Sponsor and receipt of entries will not be acknowledged or returned. Facsimiles, mechanical reproductions, alterations, garbled, incomplete, misdirected, lost, late, mutilated, or forged entries, or entries generated by a macro, bot, or other automated means will not be accepted and are void. Those who do not follow all of the instructions, provide the required information in their entry, or abide by these Official Rules will be disqualified. Entries made by any other individual or any entity, and/or originating at or using any web site not operated by Instagram as part of the Instagram Service, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or process to automate the entry process is prohibited. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and its representative 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.
Odds of winning depend on number of eligible entries received. Three (3) grand-prize winners will be selected in a random drawing from among all eligible entries received for the Sweepstakes. The drawing will take place on or about [Monday, 8/28/2013, 11:00 am CT, in Duluth, MN.
If a potentially winning entry was submitted via Instagram: Sponsor will post an Instagram comment on the potentially winning Entry Post on Instagram instructing the potential winner to email Sponsor at the email address included in the comment. Such potential winner must then respond to Sponsor’s comment within five (5) business days after the comment was made. Once an email from the potential winner is received, Sponsor will reply to such email with a unique code. Then, to verify the email account holder is also the Instagram account holder who posted the potentially winning entry, such potential winner must comment on the same Entry Post (initially commented on by Sponsor) with the unique code provided by Sponsor. Such comment must be posted within three (3) business days after the unique code is emailed to such potential winner. Once such potential winner correctly posts a unique code in accordance with the above, Sponsor will contact such potential winner by email asking such potential winner to respond with his/her full name, mailing address and other information. Such potential winner will be required to respond within five (5) business days. Failure to complete any of the steps above may result in disqualification and alternate winner may be selected in accordance with the winner selection method set forth above.
If a potentially winning entry was submitted via the Mail-In method of entry: Sponsor will attempt to notify potential winner that he or she may have won a prize by mail, email, and/or telephone (in Sponsor’s sole discretion).
Prize elements will only be mailed to winner’s address in the Territory. If any prize, prize notification, or Sweepstakes-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification’s or Sponsor’s instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor’s sole discretion, be forfeited and an alternate winner may be selected. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Any potential winner who is a Canadian resident will be required to correctly answer a mathematical skill-testing question, without aid or assistance, as part of the winner verification process. If that potential winner fails to correctly answer the skill-testing question, he or she will be disqualified and Sponsor may select an alternate winner. As a condition of entering the Sweepstakes, each potential winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable), and return an affidavit/ declaration of eligibility and liability/publicity release (unless prohibited by law), without alteration and within the time frame specified by Sponsor (which may require providing winner’s Social Security Number and/or government-issued identification number and/or copy thereof for tax purposes), or prize may be forfeited. In the event of noncompliance with these requirements, the prize, in Sponsor’s sole discretion, may be forfeited. The affidavit/declaration of eligibility and liability/publicity release are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of alternate potential winners, if any.
PRIZE, QUANTITY AND APPROXIMATE RETAIL VALUE (“ARV”):
Three (3) Grand Prize winners,subject to verification, will each receive one (1) one thousand dollar ($1,000) maurices gift card. Currency of the prize will be determined based upon winner’s country of residence (i.e., prizes awarded to winners residing in Canada will be awarded in Canadian Dollars; prizes awarded to winners residing in the U.S. will be awarded in United States Dollars). Gift cards are redeemable at maurices stores and on maurices.com and are subject to their terms and conditions. Total ARV of all prizes: $3,000 USD / $3,000 CAD.
Limit one (1) prize per person and per household. All pize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. All federal, state/provincial, and local taxes, as well as any other costs and expenses associated with accepted or use of the prize and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of each 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 incorrect or changed contact information. If 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 that prize or portion of the prize. Sponsor is not responsible for any inability of any winner to accept or use any prize (or portion thereof) for any reason. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor’s sole discretion. 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. Prizes, if legitimately claimed, will be awarded. No more than the stated prizes will be awarded.
By entering, except where prohibited by law, each participant who submits a Photograph grants to the Released Parties and their agents the right to use (including, without limitation, displaying online) their Entry Post and Photograph (as part of or independent of the Entry Post) in connection with this Sweepstakes, without further review, notice, approval, consideration, or compensation by or to the participant. Each participant agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties and each of their affiliates, licensees, or any other person in connection with this Sweepstakes, on the grounds that any use of any Entry Post infringes or violates any of participant’s rights therein.
Each participant acknowledges that, with respect to any claim by participant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Entry Post or other material submitted in connection with the Sweepstakes, the damage, if any, thereby caused to the applicable participant will not be irreparable or otherwise sufficient to entitle such participant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Sponsor property or production, and participant’s rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
LIMITATION OF LIABILITY:
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS, AND INDEMNIFY THE RELEASED PARTIES FROM ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, 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. EACH WINNER AGREES THAT THe 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 the 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.”
The Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (including, without limitation, any automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, email, 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; damage as a result of or related to accessing or using the Instagram Service or participating in the Sweepstakes; 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. The Released Parties are not responsible for any changes or unavailability of the Instagram Service that may interfere with the Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor’s ability to use the Instagram Service 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. The Released Parties 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 email account to receive email messages. The Released Parties are not responsible, and Sponsor may disqualify you, if your email address or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, the Released Parties are not liable to any winner, an entrant or any person claiming through such winner or entrant for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist act, terrorist act, 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 other cause beyond Sponsor’s sole control.
By entering the Sweepstakes (except where prohibited by law), each entrant grants the Released Parties the irrevocable, sublicensable, worldwide, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, entry (including his or her Photograph or other elements of his or her Entry Post), voice, prize information, biographical information, any quotes attributable to him or her, and any other indicium of persona (regardless of whether altered, modified, edited, used alone, or used with other material, as the Released Parties’ may elect in their sole discretion) for advertising, trade, promotional, and publicity purposes, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), without further obligation or compensation of any kind to him or her, without any limitation of time, and without notice, review, or approval and eachentrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor or any other Released Party to make use of any of the rights granted herein and each entrant waives any right to inspect or approve any such use.
Sponsor’s decisions will be final in all matters relating to this Sweepstakes, including interpretation of these Official Rules and awarding of the prizes. 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 within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in these Official Rules. If Sponsor determines, at any time and 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 any 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. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered email account holder of the email used in the submission of the potentially winning entry at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may be disqualified and any potential prize won will be forfeited in Sponsor’s sole discretion. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor’s satisfaction, in its sole discretion, the entry will be deemed ineligible. Any damage caused to the Instagram Service by an entrant will be the responsibility such entrant. 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 FULL EXTENT PERMITTED BY 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 Released Party, including claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winners, 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 laws of the State of New York, without reference to its conflicts of law principles. 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 Suffern, New York, and each entrant accepts and submits to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
WINNER’S LIST/OFFICIAL RULES:
To find out who won, visit instagram.com/maurices within three (3) months of the end of the Sweepstakes Period. For a copy of these Official Rules during the Sweepstakes Period, visit http://mauric.es/5d9ds.
THE SPONSOR OF THIS SWEEPSTAKES IS: Maurices Incorporated, 105 W Superior Street, Duluth, MN 55802.Instagram, LLC is not a sponsor of this Sweepstakes, nor is it otherwise affiliated with Sponsor or this Sweepstakes.