EXPRESS SUMMER SWIM SWEEPSTAKES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- SWEEPSTAKES AND ELIGIBILITY: The Express Summer Swim Sweepstakes (the “Sweepstakes”) begins at 10:00 a.m.Time (“ET”) on June 1, 2017 and ends at 11:59 p.m. ET on June 25, 2017 ("Promotion Period"). Open only to legal residents of the fifty (50) United States, the District of Columbia and Puerto Rico that are at least the age of majority in their state of residence as of the date of entry. To participate, you must download the Instagram® Application (“Instagram”) on your mobile device, which is currently available for download free of charge through all major Application providers. Employees of Express, LLC (“Sponsor”) and each of their respective affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (“Sponsor Affiliates”), and agents, directors, officers (including members of their immediate families – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate.
By entering the Sweepstakes, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. All time shall be determined by Sponsor’s systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Sweepstakes. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Sweepstakes is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.
- HOW TO ENTER: Entry for this Sweepstakes is only offered through Instagram. To enter, you must complete the following steps during the Promotion Period: (i) follow Express on Instagram (under the Express account), (ii) snap a screenshot of your favorite swim look on Express’ Instagram Story (the “Screenshot”); and (iii) send the Screenshot to the Express account on Instagram. Limit four (4) entries per person and per Instagram account.
- SELECTION AND NOTIFICATION OF WINNING ENTRIES: Potential winners will be selected via a random drawings on or about June 5, 2017, June 12, 2017, June 19, 2017, and June 26, 2017, from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee and whose decisions shall be final and binding. Potential winners will be contacted by Sponsor via their Instagram account. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the applicable Instagram account. "Authorized account holder" is defined as the natural person who is assigned to that Instagram account by Instagram.
- PRIZES: Subject to verification of eligibility and compliance with these Official Rules, there will be five (5) prizes awarded for each drawing, with a total of twenty (20) prizes. Each prize will consist of a fifty-dollar ($50.00 USD) Express Gift Card. Approximate Retail Value (“ARV”) $50.00 USD. Total ARV is $1,000.00 USD.
No substitution or transfer of any prize permitted except as determined in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value. ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS SWEEPSTAKES AND ANY PRIZE. Each winner is solely responsible for all applicable federal, state and local income taxes associated with the Prizes. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.
- CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or (1) acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or its agents or representatives; (2) disparages Sponsor or its products or services, Sponsor’s competitors or their products or services, Sponsor Affiliates or any other person or party affiliated with the Sweepstakes, or (3) acts in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is prohibited. Sponsor’s decisions as to all matters related to this Sweepstakes and selection of each prize winner are final.
Sponsor and its parents, subsidiaries and affiliates, are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries, all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes), the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and/or to select each prize winner in a random drawing from eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. Sponsor shall have no further obligation to any participant in connection with the Sweepstakes. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law.
By entering the Sweepstakes, you agree to allow Sponsor to communicate with you regarding the Sweepstakes on any platform through which your entry has been submitted.
- PRIZE ACCEPTANCE: Potential winners will be notified as provided above and must respond within twelve (12) hours or, if longer, the timeframe requested by Sponsor. To claim any prize, potential winners must take a screenshot of their notification from Express via Instagram. Potential winners can claim their prizes at the Express Airstream at Pemberton and will be required to produce the screenshot of their notification from Express. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely produce the required screenshot, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winners and/or by random draw from all remaining eligible entries.
- PUBLICITY & MARKETING: PUBLICITY & MARKETING: By accepting a prize, the winner grants to Sponsor the right to use winner's name, likeness, image, voice, hometown, and biographical information in any advertising, trade or promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Submission of contact information in connection with this Sweepstakes (whether or not required), including mailing address, and email address during entry constitutes permission for Sponsor to add you to Sponsor’s customer database and to contact you in the future for promotional and other reasons.
- RELEASE & INDEMNIFICATION: Neither Sponsor nor Sponsor Affiliates are responsible for, and entrants release each from, any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Sweepstakes, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Sweepstakes in the manner intended. By entering the Sweepstakes, you agree to release, defend, hold harmless and indemnify, Sponsor, Sponsor Affiliates, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, as well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Sweepstakes; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Sweepstakes. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor is not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Sweepstakes to be disrupted or corrupted.
- DISPUTES: This Sweepstakes is intended for participation in the United States only and shall be construed only according to Ohio’s law. Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in Ohio; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Ohio, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (2) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes 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 punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules of provisions (whether of the State of Ohio, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.
- NO AFFILIATION WITH INSTAGRAM: Instagram® is a registered trademark of Instagram, Inc. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram, Inc. Questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to Instagram, Inc.
- WINNER: For the names of the winners, send a separate envelope to: Express Summer Swim Sweepstakes c/o Sarah Puchta, Marketing, 1 Express Drive, Columbus, OH 43230. Request must be received before July 25, 2017.
- SPONSOR: The Sponsor of this Sweepstakes is Express, LLC, 1 Express Drive, Columbus, OH 43230.
TIPS FOR ENTERING A US MILITARY ADDRESS
In Address Line 1, enter one of the below:
For Army/Navy/Marines: Unit and Box Number
For Ships: Ship Name and Box Number
For Air Force: PSC and Box Number
In Address Line 2, enter:
Optional military command or organization name (ex: USAG J or 2/566 Postal Co.)