CATHERINES BEST DRESSED PROMOTION
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
WINNERS WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN 3 DAYS OR OTHER SPECIFIED DEADLINE AND ACCORDING TO THE INSTRUCTIONS IN THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR’S SOLE DISCRETION).
THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK, INC. (“FACEBOOK”). A VALID FACEBOOK ACCOUNT AND INTERNET ACCESS ARE REQUIRED FOR ENTRY AND TO WIN.
IMPORTANT: BY COMMENTING ON AN “INVITATION POST” (DEFINED BELOW), YOU ARE AGREEING TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY.
The following Promotion (defined below) is intended for participation in the United States only (excluding Puerto Rico and other U.S. territories), and will only be construed and evaluated according to the laws of the State of Pennsylvania. Do not enter this Promotion if you are not located in the U.S. at the time of entry or if you do not meet the eligibility requirements described below.
To enter, an eligible entrant may visit www.facebook.com/CatherinesPlusSizes during the applicable Sweepstakes Period by using his or her valid Facebook account and posting a comment (“Entry Comment”) on Sponsor’s applicable Invitation Post that responds to the prompt included in the Invitation Post. The Entry Comment must (a) address the prompt and (b) be a comment posted directly in response to the Invitation Post and not as an independent post or as a comment on any other post.
Entrants may comment on each of the Invitation Posts one (1) time. Entrants may only comment once per Invitation Post.
Sponsor is not responsible for lost, late, incomplete, illegible, stolen, misdirected, delayed or destroyed entries. Incomplete information may result in disqualification of entry. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. As a condition of entering the Promotion, 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 Promotion and complying with applicable laws, regulations and rules.
Sponsor reserves the right in its sole discretion to disqualify from the Promotion and/or cease or refrain from displaying or publishing any entrant whose purported Entry Comment, in Sponsor’s sole discretion, refers, depicts, or in any way reflects negatively upon a Released Party, the Promotion, or any other person or entity or does not comply with these Submission Requirements or any other requirement of these Official Rules.
Total ARV for this Promotion: $403.80
Sponsor reserves the right to substitute a prize with one of equal or greater value should the one or more of the prizes become unavailable, or for any other reason. Prize is not transferable and may not be exchanged for another prize or cash, except with Sponsor’s permission, which may be granted or withheld for any reason in its sole discretion. Prize may be subject to additional terms and conditions issued in connection with or on the gift card. Odds of winning are based upon the number of eligible entries received for the applicable Sweepstakes. Entrants waive the right to assert as a cost of winning any prize, any and all costs of verification and redemption or travel to claim a prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
Prize details not specifically stated in these Official Rules will be determined in Sponsor’s sole discretion. All federal, state and local taxes, as well as any expenses not specified in these Official Rules as being provided as part of a prize, are the sole responsibility of winners. 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 a winner does not accept or use the entire prize, the unaccepted or unused part of that prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of that prize. Sponsor is not responsible for any inability of any winner to accept or use the prize (or portion thereof) for any reason.
Sponsor will post the potential winner’s name of each Sweepstakes on Catherines Facebook account/wall at www.facebook.com/CatherinesPlusSizes approximately one (1) hour following the close of the applicable Sweepstakes Period, along with a link for the winner to claim the prize. If the potential winner of a Sweepstakes does not respond within three (3) days and according to the notification’s or Sponsor’s instructions, or if the winner or potential winner fails to comply with these Official Rules, the prize will be forfeited in Sponsor’s sole discretion and an alternate winner may be selected based on the original method of winner selection in Sponsor’s sole discretion. Time permitting and in Sponsor’s sole discretion, Sponsor may look to only five (5) alternate winners for each prize, at which point that prize may be deemed unclaimed and Sponsor will have no further obligation with respect to that prize. If legitimately claimed, the prize will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that entrant. To claim the prize, winners, must follow the directions in his or her notification. As a condition of entering the Promotion, each winner agrees (if requested by Sponsor) to complete, sign, have notarized (if applicable) and return an affidavit of eligibility/publicity release (unless prohibited by law) and tax documents (“Winner Documents”), without alteration, within the time frame specified and if required by Sponsor in its sole discretion, or the prize may be forfeited. The Winner Documents are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners.
Potential winners must comply with all terms and conditions contained in these Official Rules. The prizes cannot be sent to a P.O. Box. Potential winners are subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Promotion. Prizes will only be mailed to an address in the Territory.
EACH ENTRANT agreeS TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE Promotion entities, FACEBOOK, THEIR respective parent companIES, corporate partners, subsidiaries, divisions, affiliates and the respective officers, directors, MEMBERS, MANAGERS, employees, representatives and agenTs of each (collectively “RELEASED PARTIES”) FOR ANY liability whatsoever for injuries or damages of any kind sustained in connection with the acceptance, possession, USE, MISUSE or awarding of a 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 OR CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, INVASION OF PRIVACY AND/OR COPYRIGHT, INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR A VIOLATION OF AN INDIVIDUAL’S RIGHT TO PRIVACY AND/OR PUBLICITY RIGHT. EACH WINNER AGREES THAT THE APPLICABLE 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 a 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.”
Sponsor’s decisions will be final in all matters relating to this Promotion, including interpretation of these Official Rules, which will be final and binding in all respects, and eligibility of purported entries, determination of the winners and awarding of the prizes. All entrants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor which will be final. Failure to comply with these Official Rules may result in disqualification from any and all Sweepstakes that comprise this Promotion. Entrants further agree to not damage or cause interruption of a Sweepstakes and/or prevent others from entering or otherwise participating in a Sweepstakes. Sponsor reserves the right to restrict or void online entries or participation from any IP address or Facebook Account 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 a 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 Invitation Post, other 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 Sponsor’s sole discretion. Entrants waive any right to claim ambiguity in the Promotion, a Sweepstakes or these Official Rules. If Sponsor determines at any time and in its sole discretion that a 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. If, at any point during this Promotion, Sponsor determines that an entrant is disqualified, ineligible, or in violation of the Official Rules with regard to one Sweepstakes, Sponsor may disqualify such person from participation in any other Sweepstakes in this Promotion. The Released Parties are not responsible and will have no liability for any content or other participation that is removed from Facebook for any reason at any time, including prior to being recorded by Sponsor as an entry into a Sweepstakes, and including removal by Facebook of content that would otherwise qualify as an Entry Comment in response to such content being “flagged” or reported as inappropriate. 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. Sponsor disclaims any liability for damage to any computer system resulting from participation in, or accessing or downloading information in connection with, a Sweepstakes. The Released Parties are not responsible for any changes or unavailability of the Facebook service that may interfere with a Sweepstakes (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use the Facebook service for the applicable Sweepstakes that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices from, or communicate with Sponsor, in which case Sponsor (in its sole discretion) may terminate or modify the applicable Sweepstakes. If the Promotion or any individual 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 Promotion or individual Sweepstakes and award any prize from eligible, non-suspect 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 the 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. Any damage made to the Facebook Platform will be the responsibility of the registered account holder of the email address for the Facebook account submitted at the time of entry. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF A SWEEPSTAKES MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Bucks County, Pennsylvania and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion will be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in Bucks County, Pennsylvania, Chicago, IL, New York City, NY, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence). The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in Bucks County, Pennsylvania. SPONSOR agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the Promotion.
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-of-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.
Reference to third parties in connection with prizes and/or third-party websites or services are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Promotion. This Promotion is in no way sponsored, endorsed, administered by, or associated with Facebook.