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FREE PEOPLE® “BE THE STYLIST. CREATE & WIN” SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void outside the fifty (50) United States and the District of Columbia, Canada and the United Kingdom and where prohibited by law. Subject to all federal, state provincial, territorial and local laws, regulations, and ordinances. Promotion begins on March 10, 2013 at 12:01 AM Eastern Time (“ET”) and ends on March 18, 2013 at 3:01 AM ET (the “Promotion Period”). Please visit http://www.worldtimeserver.com/ or other world time database to determine local time. Sponsor’s computer is the official time keeping device for this Promotion.
1. Sponsor: Free People of PA, LLC (“Sponsor”), 30 Industrial Park Blvd., Trenton, SC 29847, USA.
2. Eligibility: The FREE PEOPLE® “BE THE STYLIST. CREATE & WIN” SWEEPSTAKES (the “Promotion”) is open to legal residents of the fifty (50) United States and the District of Columbia who are 18 years of age or older (19 years in Alabama and Nebraska; 21 years in Mississippi), legal residents of the United Kingdom who are 18 years of age or older, and legal residents of Canada (excluding Quebec) who are of the age of majority in their province/territory of residence. In order to participate, you must be eligible on the start date of the Promotion and throughout the Promotion Period. Employees, officers, and directors of Sponsor or any of their respective parents, affiliates, subsidiaries, representatives, mandataries, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment, and marketing agencies, (collectively, the “Promotion Entities”) and members of their immediate families (spouses, partners, parents, siblings and children, regardless of where they live) and those living in the same household are not eligible to enter or win. Sponsor reserves the right to verify the eligibility of the winner.
3. How to Enter: We want you to create your own Free People collection! To enter the Promotion, log-on to http://www.freepeople.com during the Promotion Period and create a Free People account by entering your email address and choosing a password. Once you’re logged in, click through the different products and choose 10 products you like the most to create your own collection. Collections must be started and completed within the Promotion Period. There is no limit to the number of collections you can create, but you will be entered only once. Limit: LIMIT ONE (1) ENTRY PER PERSON.
To enter without creating a collection, simply send a 3x5 card with your first and last name and email address handwritten in ink to: FREE PEOPLE® “BE THE STYLIST. CREATE & WIN” SWEEPSTAKES Attn: Jessica Baldy, 5000 S. Broad St., Philadelphia, PA 19112. Limit one entry per stamped outer envelope. P.O. Boxes are not permitted.
Automated or bulk entries or entries submitted by third parties will be disqualified. Entries must be submitted by the participant. Any attempt by any participant to obtain more than the stated number of plays and/or entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that participant's plays and/or entries, and that participant may be disqualified at Sponsor’s discretion. Multiple participants are not permitted to share the same email address. In the event of a dispute as to any registration or entry, the authorized account holder of the email address used to register will be deemed to be the registrant or entrant. 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. The winner may be required to show proof of being the authorized account holder to the Sponsor or forfeit the prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. You must complete all required information to be eligible to enter. Incomplete, illegible, corrupted or untimely entries are void and will be disqualified.
Promotion Entities are not responsible for any unauthorized third party use of any Entry. Entries will not be acknowledged and will not be received or held “in confidence” and an Entry does not create a confidential relationship or obligation of secrecy between you and the Sponsor or any of its affiliates. Sponsor reserves the right to disqualify any Entry for any reason, in its sole and absolute discretion. Sponsor is under no obligation to disclose why an Entry has been disqualified other than the Entry was ineligible under these Official Rules. By submitting your Entry, you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion.
4. Selection of Winner: On or about March 18, 2013 Sponsor will select the name of the one (1) winner of the prize in a random drawing from among all eligible entries received. The odds of winning are based on the number of eligible entries received. The winner will be notified by email on or about March 21, 2013. Except where legally prohibited, the potential winner must sign and return, within seven (7) days of being notified, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her prize. If after three (3) attempts to contact him/her within seven (7) days of the winner's selection, or if the prize notification is returned as undeliverable, or if the winner does not return the Affidavit of Eligibility, Liability & Publicity Release, or in the event that the winner is disqualified for any reason, the winner will be deemed to have forfeited the prize. Sponsor will award the applicable prize to an alternate winner selected by a random drawing from among all remaining eligible entries. To be a winner, any potential winner who is a resident of Canada must answer correctly a mathematical skill-testing question without aid of any device, at a time and place to be determined by Sponsor.
Verification of Winner: THE WINNER IS SUBJECT TO VERIFICATION BY SPONSOR, WHOSE DECISIONS ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT’S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED THAT VERIFICATION IS COMPLETE.
5. PRIZE: One (1) winner will receive a brand new Free People “wardrobe” containing various Free People Merchandise which will be issued as a $1,000 USD Free People Gift card. Approximate Retail Value (“ARV”) of Prize: US $1,000. Winners may have their winning Entries posted on the Website and/or on www.freepeople.com at the sole discretion of the Sponsor. There is no retail value or compensation associated with such publication or posting.
Prize Restrictions: Arrangements for the fulfillment of the prizes will be made by the Sponsor and/or its agent. Any and all applicable federal, state, provincial, territorial, and local taxes and all fees and expenses related to use of the prize not specifically stated herein are the sole responsibility of the individual prize winner. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent or higher prize substitutions at its sole discretion. Sponsor will not replace any lost or stolen prize. Entrants acknowledge that the Sponsor and all other businesses concerned with this Promotion and their agents do not make, nor are in any manner responsible for any warranty, representations, expressed or implied, in fact or in law, relative to the quality, conditions, fitness or merchantability of any aspect of prize except that the prize shall be subject to manufacturer’s standard warranty[/ies]. The Prize cannot be used in conjunction with any other promotion or offer.
6. General Conditions: This Promotion is governed by the laws of the United States. Sponsor reserves the right to modify the Promotion, or any part of it, or terminate the Promotion early (provided that the prize is awarded from all eligible entries at the time of such termination) if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE ASSOCIATED WITH THIS PROMOTION OR 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 PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site on which this Promotion is operated, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. If, for any reason, the Promotion is not capable of running as planned, Sponsor may, in its sole discretion, void any suspect entries and (a) 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 Official Rules; or (b) terminate the Promotion early and award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment award the prize at random from among the eligible, non-suspect entries received up to the time of the impairment.
7. Release and Limitations of Liability: By participating in this Promotion, entrants agree that Sponsor, Facebook, and their affiliates, subsidiaries, representatives, mandataries, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, web masters, and their respective officers, directors, employees, representatives and agents (the “Released Parties”) are not responsible for: (1) 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; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) 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 (except in the UK where such liability cannot be excluded). In event that production, technical, seeding, programming or any other reasons cause more than stated number of prizes as set forth in these Official Rules to be available and/or claimed Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
BY PARTICIPATING IN THIS PROMOTION, ENTRANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, SUBMISSION, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY PROVIDED THAT FOR RESIDENTS OF THE UNITED KINGDOM: THIS RELEASE DOES NOT APPLY TO CLAIMS FOR PERSONAL INJURY OR DEATH CAUSED BY THE NEGLIGENCE OF SPONSOR OR ADMINISTRATOR.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING WWW.FREEPEOPLE.COM AND THE PRIZE, IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Choice of Law and Forum. Except where prohibited, this Agreement is governed by the laws of the state of Pennsylvania and Entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the District of Pennsylvania or the appropriate State Court located in Pennsylvania; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with submission, but in no event attorneys’ fees; and (3) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of this agreement between Sponsor and Entrant, or the rights and obligations of the Entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of Pennsylvania, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania.
10. Nature of Relationship/Waiver of Equitable Relief. Each Entrant understands and acknowledges that Sponsor has wide access to ideas, designs, and other materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each Entrant also acknowledges that many ideas may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each Entrant acknowledges and agrees that such Entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material. Each Entrant acknowledges and agrees that the Sponsor does not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission. Finally, each Entrant acknowledges that, with respect to any claim by Entrant relating to or arising out of Sponsor’s actual or alleged exploitation or use of any Submission or other material submitted in connection with the Promotion, the damage, if any, thereby caused to the applicable Entrant will not be irreparable or otherwise sufficient to entitle such Entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition or other exploitation of the Submission or any material based on or allegedly based on the Submission, and the Entrant's rights and remedies in any such event shall be strictly limited to the right to recover damages, if any, in an action at law.
12. Official Rules and Winner List: For a copy of the Official Rules, visit www.freepeople.com/createandwin-terms or send a stamped, self-addressed envelope for a period of thirty (30) days after the end of the Promotion Period to: Free People, 30 Industrial Park Blvd., Trenton, SC 29847, USA. For the name and home county/city of the winner, which will be available sometime after March 2, 2013, send a stamped, self-addressed envelope for receipt by March 15, 2013, to: Free People, 30 Industrial Park Blvd., Trenton, SC 29847, USA www.freepeople.com. VT residents may exclude return postage.
Copyright ©2013 Free People of PA, LLC. All rights reserved. Free People and other trademarks used herein are registered trademarks of Free People of PA, LLC in the United States and other countries.
Facebook is not a sponsor of, nor is it affiliated with, this Promotion. If you enter, you are providing your information to Sponsor, not to Facebook.