2020 EXPRESS FRIENDS NIGHT IN SOCIAL MEDIA CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN ONLY TO INDIVIDUALS RESIDING IN THE UNITED STATES THAT ARE AT LEAST 18 YEARS OF AGE AS OF THE DATE OF ENTRY. VOID WHERE PROHIBITED OR OTHERWISE RESTRICTED BY LAW.
1. CONTEST AND ELIGIBILITY: The 2020 Express Friends Night In Social Media Contest (the “Contest”) begins April 4, 2020 at 9:00 a.m. ET and ends April 10, 2020 at 11:59 p.m. ET ("Promotion Period"). Open only to legal residents of the 50 United States and the District of Columbia that are at least 18 years old or the age of majority in their state of residence, as of the date of entry. Employees of Express LLC (“Sponsor”), and its affiliates, advertising agencies, public relations agencies, prize suppliers and each of the foregoing’s 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 Contest, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. 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 Contest is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law.
2. HOW TO ENTER: You may enter the Contest by submitting a Complete Entry (as defined below). The Complete Entry must be posted to your public Instagram account and will consist of an original high-quality photo that best shows your personal “friends night in” style (the “Prompt”). You cannot simply “tag” an existing previous post. Only one (1) entry per person permitted during the Promotion Period. To be eligible, the Complete Entry must comply with and include all the following:
(a) Your submission must consist of a high-quality original photo that addresses the Prompt (the “Content”);
(b) Your submission post must include the following hash tags: #ExpressYou and #ExpressContest;
(c) Any Content must be your own original creation and must not have been previously published or submitted in connection with any other contest or sweepstakes. Your Content must not infringe any third-party rights, including but not limited to right of publicity, copyrights, trade secrets, or other intellectual property rights;
(d) You must follow @expressmen
(e) Your Content must not reference or contain any third-party trademarks or logos or contain any advertisements, “spam” content, or references to other offers or websites; and
(f) Your Content must not be obscene, pornographic, disparaging, defamatory, violate any laws or otherwise contain images and/or text which Sponsor in its sole discretion decides is inappropriate or objectionable.
collectively, a (“Complete Entry”).
To participate in the Contest, you must have an account with Instagram . If you do not have an Instagram account, go to Instagram’s website (instragram.com) and create an account according to the instructions on the website. Creating an account is free. Please note that you must accept and agree to comply with the terms and conditions for Instagram in order to create an account.
3. SELECTION AND NOTIFICATION OF WINNING ENTRIES: On or about April 13, 2020, representatives of Sponsor (the “Judging Panel”) will begin review of the Complete Entries submitted during the Promotion Period and will select one (1) submission from all eligible submissions using the following judging criteria: a) Effectiveness and clarity in answering Prompt –40%; b) Brand, namely, the best representation of the image of the EXPRESS brand – 30%; c) Creativity & Originality – 15%; and d) Quality of photo or video –15%. In the event of a tie, the highest scoring entry in the Effectiveness category will break the tie. The decisions of the Judging Panel shall be final and binding. Odds of winning will vary based on the number of eligible Complete Entries submitted in the Contest. The winners will be notified at the conclusion of the judging and by no later than April 15, 2020 by Sponsor contacting the potential winner by direct messaging entrant’s Instagram account through which they entered. 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 Instagram account to which the winning entry was posted. "Authorized account holder" is defined as the natural person who is assigned to the Instagram account.
4. PRIZES: There will be one (1) winner selected. The winner will receive a $500 Express gift card (“Prize”).
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 CONTEST AND ANY PRIZE. The winner is solely responsible for all applicable federal, state and local income taxes associated with the Prize. Under no circumstances will more than the advertised number of prizes be awarded.
5. CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant or Sponsor; or (2) in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Contest is prohibited. Sponsor’s decisions as to all matters related to the Contest and selection of prize winner are final.
Sponsor and its respective parent companies, 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 Contest 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 Contest. 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 Contest), the Contest 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 the Contest, and/or to select the prize winner from among all eligible Submissions 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 Contest. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor (a) makes no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaims any implied warranty.
6. PRIZE ACCEPTANCE: Sponsor will notify the potential winner via direct message to entrants’ Instagram account in which they entered Contest and the potential winner must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. In addition, the potential winner must provide a valid email address so Sponsor can send to potential winner an Affidavit of Eligibility/Liability Release/Publicity Release form (“Affidavit”), and other applicable documents, and the Affidavit must be returned to Sponsor within two (2) days of the date of receipt. At Sponsor’s discretion, winner may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winners from all remaining eligible entries.
7. PUBLICITY & MARKETING: Upon your entry, you automatically grant to Sponsor a worldwide, non-exclusive, royalty-free, irrevocable license to use your Content, and any edited or portion thereof at Sponsor’s sole discretion, as well as your name, image, likeness and biographical details, in all forms of media now known or later developed in connection with Sponsor’s business including in Sponsor’s marketing and advertising and social media channels. This license includes Sponsor’s right to post your Content on Sponsor’s owned or paid social media channels.
8. RELEASE & INDEMNIFICATION: Sponsor is not responsible for, and entrant releases 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 Contest, or Sponsor’s ability to include all eligible entries, notify potential winner, or otherwise execute this Contest in the manner intended. By entering the Contest, you agree to release, defend, hold harmless and indemnify, Sponsor and its 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 Contest; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Contest, 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 CONTEST 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 Contest. 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 Contest to be disrupted or corrupted.
9. DISPUTES: This promotion 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 Contest, entrant agrees that (1) any and all disputes, claims and causes of action arising out of or connected with this Contest, 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 Contest 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 Contest), 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 Contest 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.
10. WINNER: For the names of the winners, send a separate self-addressed, stamped envelope to: 2020 Express Friends Night In Social Media Contest, c/o Legal, 1 Express Drive, Columbus, OH 43230. Request must be received before April 30, 2020.
11. SPONSOR: Express, LLC, 1 Express Drive, Columbus, OH 43230. This Contest is not sponsored by Instagram.