2020 EXPRESS HOLIDAY GIVEAWAY SWEEPSTAKES
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. SWEEPSTAKES AND ELIGIBILITY: The 2020 Express Holiday Giveaway Sweepstakes @express (the “Sweepstakes”) begins at 12:01 a.m. Eastern Time (“ET”) on December 4, 2020 and ends at 11:59 p.m. ET on December 6, 2020 ("Promotion Period"). Open only to 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, including any vendors providing services in connection with this Sweepstakes (“Sponsor Affiliates”), 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes by submitting a Complete Entry (as defined below) through Instagram. Your Instagram account must be set to public. You cannot simply “tag” an existing comment, image or video.
You may enter only once during the Promotion Period. To be eligible, the Sweepstakes Entry must comply with all the following:
(a) You must comment sharing your favorite holiday tradition;
(b) Your Content must include the following tag: #ExpressSweepstakes;
(c) Must be following @express;
(d) Any comment, photograph, image, video, materials and/or text you submit in connection with this Sweepstakes (the “Content”) must be your own original creation and must not have been previously published or submitted in connection with any other contest or sweepstake. 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;
(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.
To participate in the Sweepstakes, you must have an account with Instagram. If you do not have an account with Instagram, go to Instagram’s website (instagram.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: The winners will be selected via a random drawing and notified through their Instagram account by no later than 10 p.m. ET on December 10, 2020 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. Odds of winning a prize depends on the number of eligible entries received. 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 account by Instagram.
4. PRIZES: There will be a total of fifteen (15) winners selected. Each winner will receive a Holiday Prize Package consisting of: (a) a Gift Set consisting of Four (4) pairs of socks, one (1) hat, one (1) purse, two (2) packs of hair scrunchies and two (2) scarves; and (b) one (1) $50 Express gift card (the “Prize”). Certain items and/or sizes may be limited and could be subject to substitution. Individual Prize ARV: $109; Total Maximum ARV of Prizes: $1,635. No substitution or transfer of 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. The winner is solely responsible for all applicable federal, state and local income taxes associated with the Prizes. 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.
5. 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 acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor or Sponsor Affiliates; or (2) 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 the Sweepstakes and selection of prize winner are final.
Sponsor and Sponsor Affiliates and each of their 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 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 the Sweepstakes, and/or to select the prize winner based on the Judging Criteria 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 Sweepstakes. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor and Sponsor Affiliates (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
6. PRIZE ACCEPTANCE: Potential winner(s) will be notified as provided in the “Selection and Notification of Winning Entries” section above and must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. In addition, Sponsor may, within its sole discretion, require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, postmarked within three (3) days of the date on the notification. At Sponsor’s discretion, winners 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 winner and/or by random draw from all remaining eligible entries.
7. PUBLICITY & MARKETING: Upon submission of the Content, and except where expressly restricted by the terms of Instagram, you automatically grant to Sponsor and Sponsor Affiliates, a worldwide, non-exclusive, royalty-free, irrevocable license to copy, publicly display, distribute, create derivative works from, and otherwise use the Content as well your name, image, likeness and biographical details, in all forms of media now known or later developed in connection with Sponsor’s business. You represent and warrant to Sponsor that you own all Content you submit and/or have the unencumbered legal right to submit, and grant the above-referenced license, in connection with this Sweepstakes. You further represent to Sponsor that the Content is a Complete Entry as set forth in Section 2, above.
8. RELEASE & INDEMNIFICATION: Neither Sponsor or 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 winner, or otherwise execute this Sweepstakes in the manner intended. By entering the Sweepstakes, you agree to release, defend, hold harmless and indemnify, Sponsor and 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, a 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 and Sponsor Affiliates are 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 nor Sponsor Affiliates are 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.
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 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.
10. NO AFFILIATION WITH SOCIAL MEDIA PLATFORM: This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to Instagram.
11. WINNER: For the names of the winners, send a separate self-addressed, stamped envelope to: 2020 Express Holiday @express Giveaway Sweepstakes, c/o Legal, 1 Express Drive, Columbus, OH 43230. Request must be received before January 31, 2021.
12. SPONSOR: Express, LLC, 1 Express Drive, Columbus, OH 43230.