EXPRESS FIND YOUR FIT CONTEST OFFICIAL RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. CONTESTS AND ELIGIBILITY: The Express Find Your Fit Contest (the “Contest”) begins at 8:00 a.m. Eastern Time (“ET”) on August 7, 2017, and ends at 11:59 a.m. ET on August 27, 2017 ("Promotion Period"). Open only to members of the EXPRESS NEXT Rewards Program, that are legal residents of the fifty (50) United States and the District of Columbia, and that are at least eighteen (18) years of age and the age of majority in their state of residence, as of the date of entry. Employees of Express LLC (“Sponsor”); its affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Contest (“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 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. The Contest is subject to all applicable United States federal, state, and local laws. Void where prohibited or otherwise restricted by law. To participate in the Contest, you must have a public account with Instagram. If you do not have an account with Instagram, go to their website (www.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.
2. HOW TO ENTER: You may enter the Contest by completing the following steps during the Promotion Period: (i) follow Express on Instagram (under “Express” account), and (ii) post a photo and explaining how you are an everyday achiever (“Submission”) to your personal, public Instagram account with the hashtag #EXPRESSJEANS, #EXPCONTEST, and tag @express. Note that your Instagram account must be public. Only one (1) entry per person is permitted during the Promotion Period. To be eligible, an entry must comply with the following restrictions:
(a) Your Submission must be your own original creation and must not have been previously published or submitted in connection with any other contest or sweepstakes. Your Submission must not infringe any third-party rights, including but not limited to rights of publicity, copyrights, trade secrets, or other intellectual property rights.
(b) Your Submission must not reference any third party trademarks or logos or contain any advertisements, “spam” content, or references to other offers or websites.
(c) Your Submission 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.
(d) Your Submission must not include content that denigrates, disparages or reflects negatively on Sponsor.
3. WINNER SELECTION AND NOTIFICATION: On or about August 28, 2017, Sponsor or its designee, whose decisions shall be final and binding, will judge all eligible Submissions and select the most compelling Submission based on the following criteria: (i) the Submission’s creativity (51%); and (ii) how well the Submission reflects the EXPRESS brand image (49%) (the “Judging Criteria”). In the event of a tie, the score for brand image will be used as the tiebreaker. The Judging Criteria are to be applied in the sole discretion of Sponsor or its designee; each entrant agrees to be bound by and not challenge the final decisions of Sponsor. The individual who submitted the most compelling Submission, as determined by the judges, will be notified via his/her Instagram account. Subject to verification of eligibility and compliance with these Official Rules, such individual shall be declared the official winner of the Contest. In the event of a dispute as to the identity of any 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.
4. PRIZES AND VALUE: One Grand Prize will be awarded. The Grand Prize is a trip for the winner and one guest to New York City on or about September 29, 2017, including: (i) roundtrip airfare for two people and one double-occupancy hotel accommodation for two nights (ARV $1,400.00); (ii) a styling appointment for the winner and their guest at the Express Times Square store with an Express designer (no ARV), (iii) a $500.00 Express gift card for the winner (ARV $500.00); (iv) $250.00 Express gift card for the winner’s friend (ARV $250.00); and (v) a $500 general use gift card (ARV $500.00). Total Grand Prize ARV: $2,650.00 USD. 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.
In addition, in connection with any prize involving travel, all travel arrangements must be made through Sponsor or Sponsor’s agent. Ground transportation may be provided in lieu of air transportation if the winner resides within a 100 mile radius of destination, and no compensation or substitution will be provided for difference in value. Sponsor will determine airline, airports, flight itinerary, and overnight accommodations in its sole discretion. Travel and accommodation restrictions, conditions, and limitations may apply. Once airline tickets have been ticketed, no changes by finalist will be permitted. Sponsor will not replace any lost, mutilated, or stolen tickets or travel vouchers. Any other costs and expenses associated with travel/lodging not specifically included by Sponsor (such as security fees, gratuities, luggage fees, meals, drinks, and transportation, and incidental charges) are the responsibility of the winner. Winner must possess and show valid travel documents prior to departure (e.g. valid driver’s license, or other acceptable government-issued identification).
All entrants will earn 250 EXPRESS NEXT Points for an eligible Contest entry submitted during the Promotion Period, so long as the EXPRESS NEXT Member has synced their Instagram account to their Express account. Instructions regarding how to sync your Instagram account with your Express account can be found at the EXPRESS NEXT Rewards page. Express will attempt to credit your Program Account with Points on a timely basis. Complete Terms and Conditions regarding the EXPRESS NEXT program can be found here.
5. PRIZE ACCEPTANCE: Potential Grand Prize winner will be notified as provided in the “Winner Selection and Notification” section above and must respond within four-eight (48) hours or, if longer, the timeframe requested by Sponsor. To claim the prize, Sponsor may, within its sole discretion, require winners to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release (where permitted by law) 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 declines the prize for any reason, or if the prize notification is returned as undeliverable, an alternate potential winner may be selected based on the Judging Criteria from among all remaining eligible Submissions.
6. 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, Sponsor, or Sponsor’s agents or representatives; 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 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 Contest. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law. Sponsor (a) make no warranty, guaranty or representation of any kind concerning the prize (or any portion thereof), and (b) disclaim any implied warranty.
7. LICENSE TO USE SUBMITTED MATERIALS: With respect to any Submission you submit in connection with the Contest, and except where expressly restricted by the terms of the applicable Instagram (if any), you automatically grant to Sponsor a worldwide, non-exclusive, royalty-free, irrevocable license to copy, publicly display, distribute, sublicense, create derivative works from, and otherwise use the Submission in all forms of media now known or later developed in connection with the Contest. You represent and warrant that you own all Information you submit and/or have the unencumbered legal right to submit, and grant the above-referenced license, in connection with the Contest. You further represent that the Submission does not infringe any third-party copyrights, trade secrets, or other intellectual property rights.
8. PUBLICITY & MARKETING: By accepting the prize, each 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 online or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Each winner further grants to Sponsor the right to capture winner’s image and voice in connection with the prize and the Show, in all forms of media now known or later developed, including, but not limited to, one-on-one interviews with Express and media before and on the day of the Show. The exact dates and times of the media interviews shall be determined in the sole discretion of Sponsor.
9. INDEMNIFICATION: THE PRIZE IS AWARDED WITHOUT WARRANTY OF ANY KIND. By entering the Contest, you agree to release, defend, hold harmless and indemnify, Sponsor and Instagram and each of their respective parent companies, 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 either (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering the 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 EACH 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 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.
10. DISPUTES: This Contest 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.
11. NO AFFILIATION: The Contest is in no way sponsored, endorsed, administered by or associated with Instagram. Any questions, comments or complaints regarding the Contest should be directed to Sponsor, not to Instagram.
12. WINNER: For the name of the winners, send a separate self-addressed envelope to: Sarah Ritter, Marketing, Express Find Your Fit Contest, 1 Express Drive, Columbus, OH 43230.
Requests must be received no later than September 27, 2017.
13. SPONSOR: The Sponsor of the Contest is Express, LLC, 1 Express Drive, Columbus, OH 43230.