AVENUE FACEBOOK 12 DAYS OF FUN GIVEAWAYS
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.
WINNER WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN 3 DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION).
THIS SWEEPSTAKES 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.
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 following Sweepstakes is intended for participation in the United States only, and shall only be construed and evaluated according to the laws of the state of New Jersey. Do not enter this Sweepstakes 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.
1. ELIGIBILITY: The Avenue Facebook 12 Days of Fun Giveaways ("Sweepstakes") is open to all legal residents of the 50 United States and Washington D.C. (excluding Puerto Rico and other U.S. territories), who are at least eighteen (18) and the age of majority in their state or jurisdiction of residence and who are registered users of Facebook in good standing as of December 4, 2013. Corporate entities are not eligible and have no right to claim any prize won by their employee. Employees, officers, directors, members, managers, agents, and representatives and family members of such individuals (or people living in the same household whether related or not) of Avenue, LLC. ("Sponsor"), its parent company, corporate partners, subsidiaries, divisions, affiliates, advertising and promotion agencies, the judge(s), and all other entities or individuals associated with this Sweepstakes (collectively, the "Sweepstakes Entities") are not eligible. For the purposes of this Sweepstakes, family members are defined as spouse, partner, mother, father, legal guardian, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. By participating in this Sweepstakes, you agree to abide by and be bound by these Official Rules and Sponsor's decisions, which are final and binding in all matters related to the Sweepstakes. Winning the prize is contingent upon fulfilling all requirements set forth herein. Void where prohibited by law.
2. TO ENTER: Sweepstakes starts on December 9, 2013 at approximately 12:00 noon Eastern Time (ET) upon the posting of the first giveaway on the Avenue Facebook Wall at www.facebook.com/AvenuePlusSizeClothing ("Site") and ends on December 20, 2013 at approximately 12:00 p.m. ET ("Promotion Period"). To enter, eligible entrants may visit the Site during the Promotion Period and: (1) click on the "Like" button (if you do not already "Like" the Site) to become an Avenue Facebook Fan and then either (2) click "Like" on the giveaway post or (3) leave a comment on the giveaway post.
Entrants may comment on or like each of the 12 Days of Fun Giveaways Posts to enter each of the twelve (12) giveaways.
Entries must be submitted in strict accordance with any instructions and restrictions provided at the time of entry and these Official Rules. Entries may not be made jointly or by any group and may only be made by an individual. Sponsor's database clock will be the official timekeeper for this Sweepstakes. Only entries that are recorded on Sponsor's servers will be considered. Other proof of submitting an entry (such as a printed or copied confirmation screen or message) does not constitute actual receipt of the entry for purposes of this Sweepstakes. 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 other web site, including, without limitation, commercial promotion subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes.
Multiple participants are not permitted to share the same email address to enter the Sweepstakes. Any attempt by an entrant to submit more than permitted number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to enter the Sweepstakes is prohibited and will result in disqualification. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to submit the entry will be deemed to be the entrant, but only if that person is an eligible entrant in accordance with these Official Rules. 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. Entrants, including the potential winner, may be required to show proof of being the authorized account holder of an entry.
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 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.
3. PRIZE & ODDS OF WINNING: Twelve (12) winners will be chosen (one (1) for each giveaway during the Promotion Period) to receive the Prizes that follow:
Embellished Scarf $20
3-Pack Cozy Socks $12
Faux Pearl Stretch Bracelet Set $16 WITH 160563593 Rhinestone Cross Stretch Bracelet Set $16
Black & White Pashmina $20
Hammered Facet Bib Necklace $16
$25 Avenue Gift Card $25
Boyfriend Watch $25
Metallic Beret Hat $12 WITH 164215110 Metallic Eternity Scarf with Fringe Trim $20
Ribbed Shimmer Trim Ruana $45
Knit Gloves $12 WITH 164215395 Mixed Knit Eternity Scarf $20
Kenneth Cole Reaction Handbag $45
$100 Avenue Gift Card $100
Sponsor reserves the right to substitute a Prize with one of equal or greater value should the Prize become unavailable. Prize is not transferable and may not be exchanged for another prize or cash. 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.
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 the Prize, are the sole responsibility of 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 the Prize (or portion thereof) for any reason.
4. DRAWING AND AWARDING OF PRIZE: According to the approximate schedule that follows, twelve (12) potential winners will be selected in random drawings from among all eligible entries received by Sponsor or Sponsor's authorized representative, whose decisions are final on all matters relating to this Sweepstakes:
|TIME OF POSTING||TIME OF DRAWING|
|Noon ET 12/9/13||10:00am ET 12/10/13|
|Noon ET 12/10/13||10:00am ET 12/11/13|
|Noon ET 12/11/13||10:00am ET 12/12/13|
|Noon ET 12/12/13||10:00am ET 12/13/13|
|Noon ET 12/13/13||10:00am ET 12/14/13|
|Noon ET 12/14/13||10:00am ET 12/15/13|
|Noon ET 12/15/13||10:00am ET 12/16/13|
|Noon ET 12/16/13||10:00am ET 12/17/13|
|Noon ET 12/17/13||10:00am ET 12/18/13|
|Noon ET 12/18/13||10:00am ET 12/19/13|
|Noon ET 12/19/13||10:00am ET 12/20/13|
|Noon ET 12/20/13||10:00am ET 12/21/13|
The potential winner's name will be posted to the Facebook page the morning following the giveaway. The winner will be responsible to private message or email firstname.lastname@example.org to claim prize. If the potential winner does not respond according to the notification's or Sponsor's instructions, if potential winner cannot participate in any portion of the Prize, 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. Sponsor may look to only three (3) alternate winners for the Prize, at which point the Prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the 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 participant. To claim the Prize, winner, must follow the directions in his or her notification. As a condition of entering the Sweepstakes, 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), without alteration, within the time frame specified and if required by Sponsor in its sole discretion, or the Prize may be forfeited. The affidavit of eligibility and liability/publicity release (unless prohibited by law) are subject to verification by Sponsor. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winner.
Prize is awarded "as-is" with no warranty or guarantee, either express or implied by Sponsor. Potential winner must comply with all terms and conditions contained in these Official Rules. The prizes cannot be sent to a P.O. Box. Potential winner is subject to verification by Sponsor, whose decisions are final and binding in all matters related to the Sweepstakes. Prize will be mailed to the address provided.
5. LIMITATION OF LIABILITY:
EACH ENTRANT AGREES TO RELEASE, HOLD HARMLESS AND INDEMNIFY THE SWEEPSTAKES ENTITIES, FACEBOOK, AVENUE STORES LLC 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 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 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 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."
6. ADDITIONAL DISCLAIMERS: 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 (such as, without limitation, by an automated computer program) or entries in excess of the stated limit; any lost, late, incomplete, illegible, garbled, mutilated, or misdirected entries, e-mail, 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; 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. Released Parties are not responsible for any changes or unavailability of the Facebook platform or application used in connection with this Sweepstakes that may interfere with the running of the Sweepstakes (including any limitations, any restrictions, or any conditions on Sponsor's ability to use the Facebook 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. Released Parties are not responsible, and may disqualify you, if your e-mail address or other contact information does not work or is changed without prior written notice to Sponsor. 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 e-mail account to receive e-mail messages. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner or any person claiming through such entrant or winner for failure to supply the prize or any part thereof in the event that any of the Sweepstakes activities or Released Parties' operations or activities are affected, as determined by Sponsor in its sole discretion, including, without limitation, by reason of any acts of God, any action, regulation, order or request by any governmental or quasi-governmental entity (whether or not the action, regulations, order or request proves to be invalid), equipment failure, threatened terrorist acts, terrorist acts, 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 law, rule, regulation, order or other action adopted or taken by any governmental, federal, state or local government authority, or any other cause, whether or not specifically mentioned above.
7. GENERAL RULES: By entering the Sweepstakes (except where prohibited by law), each entrant grants the Sweepstakes Entities the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties' sole discretion) for advertising, trade, promotional and publicity purposes without further obligation or compensation of any kind to him or her, anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), world-wide, without any limitation of time and without notice, review or approval and each entrant releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and winner waives any right to inspect or approve any such use.
If, due to printing, digital, computer programming, hardware or software, or production errors or for any reason, more potential winners in any prize category come forward seeking to claim prizes in excess of the number of each type of prize as set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s) in that prize category. Inclusion in such drawing shall be each Participant's sole and exclusive remedy under such circumstances.
Sponsor's decisions will be final in all matters relating to the Sweepstakes, including interpretation of these Official Rules and awarding of the Prize. 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 in these Official Rules), it will be resolved in Sponsor's sole discretion. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. If Sponsor determines at any time 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 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 e-mail 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 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 FULLEST EXTENT PERMITTED BY LAW.
8. DISPUTES/GOVERNING 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 Sweepstakes Entity, claims and causes of action arising out of or connected with this Sweepstakes, or the Prize awarded, or the determination of the winner 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 Jersey, 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 or nearest to Rochelle Park, NJ and each entrant accepts and submits to the personal jurisdiction of these courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.
9. WINNER LIST: For the name of the Prize winner, email Sponsor, Attn: Jennifer Hoffman, at email@example.com with the subject line "AVENUE FACEBOOK 12 DAYS OF FUN GIVEAWAYS." The name of the Prize winner will be available after the selection and confirmation of the winner for up to three (3) months.
10. SPONSOR: Avenue, LLC. 365 W. Passaic Street, Rochelle Park, NJ 07662.