EXPRESS LA JANUARY 23rd SWEEPSTAKES

OFFICIAL RULES

NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.

1. SWEEPSTAKES AND ELIGIBILITY: The Express LA January 23rd Sweepstakes (the “Sweepstakes”) begins at the opening tip of the Los Angeles Lakers (“Lakers”) NBA home basketball game on January 23, 2018 at STAPLES Center (the “Game”) and ends at the beginning of halftime of the Game ("Promotion Period"). The Sweepstakes is open only to legal residents of the 50 United States, the District of Columbia and Puerto Rico that are at least 18 years old or the age of majority in their state of residence, as of the date of entry and attend the Game.  Employees of Express LLC (“Sponsor”), and their respective affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (“Sponsor Affiliates”), the National Basketball Association (“NBA”) and the NBA member teams, including the Lakers (collectively, the “NBA Entities”), 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, any Sponsor Affiliates or any NBA Entities 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 in one (1) of the following two (2) ways:

 

(i)     Text Entry. Text the word “FAN” to EXPRES (397737).  Standard carrier-messaging and data charges may apply to each text message sent and received. You will receive a reply message. By submitting an entry via text message, you agree to receive up to twelve (12) autodialed messages from Sponsor or its affiliates per month. Message and data rates may apply. Consent is not required to purchase. Text “HELP” to 397737 for help and text “STOP” to 397737 at any time to stop receiving texts. For the terms of our text-messaging program, go to http://express.3c.com/mobilealert. If you enter via text, you will be prompted to, and you must agree to receive Express text alerts. 

(ii)    Email Entry. To enter via email, you must send an email during the Promotion Period to sweepstakes@express.com with “LA Jan 23rd Game” as the subject of your message, and include your full name, address, and ten-digit daytime telephone number in the body of the email.  You will receive a response email informing you of the prize you won.

Only one (1) entry per person permitted during the Promotion Period.

 

3. RANDOM DRAWING/NOTIFICATION:  A random drawing will be immediately conducted upon submission of each entry.  Each entrant will receive one of the three following prizes: (i) a pair of tickets to 2018 Mountain Dew Kickstart NBA Rising Stars game on February 16, 2018 at STAPLES Center in Los Angeles, California (no travel or other costs or expenses included); (ii) a $100 Express gift card; or (iii) a coupon good for $25 off any purchase of Express merchandise of $50  or more (coupon valid through March 31, 2018, may only be used once and cannot be combined with any other coupons or storewide offers. Not valid on “Featured Brands”, MLB merchandise, Insta Sale items, clearance or previous purchases. Other restrictions may apply. See store for details. Cannot be redeemed for cash or used to purchase Express gift cards. Reproductions of coupon will not be accepted. Valid at Express and Express Men stores only in the U.S and online at express.com. Not valid at Express Factory Outlet stores.).  Prize drawings and awarding of prizes will be conducted by Sponsor whose decisions shall be final and binding.  The entrants will be notified via a text message or email, depending on method of entry, of the prize they have been awarded, and the prizes must be claimed during the January 23rd LA Lakers game at half time at the Lakers Auction Booth located directly near Aisle 12 on the Main Concourse at STAPLES Center. The winners of the tickets to 2018 Mountain Dew Kickstart NBA Rising Stars will need to provide their name, address and phone number at the Lakers Auction Booth and the tickets will be mailed to the winners. The prizes will be awarded to the authorized account holder of the telephone number or email account from which the entry was made. "Authorized account holder" is defined as the natural person who is assigned to a telephone number or email address by a telephone company, wireless service provider, Internet access provider, or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning telephone numbers and email addresses.

4. PRIZES: (i) Two (2) pairs of tickets to the 2018 Mountain Dew Kickstart NBA Rising Stars game on February 16, 2018 at STAPLES Center in Los Angeles (Approximate Retail Value (“ARV”) $1,000), NO TRAVEL OR ANY OTHER EXPENSES ARE PROVIDED and are each ticket winner’s sole responsibility; and (ii) five (5) $100 Express Gift Cards (ARV $500); and (iii) unlimited coupon for $25 off of a purchase of Express merchandise of $50 or more (valid through March 31, 2018, may only be used once and cannot be combined with any other coupons or storewide offers. Not valid on “Featured Brands”, MLB merchandise, Insta Sale items, clearance or previous purchases. Other restrictions may apply. See store for details. Cannot be redeemed for cash or used to purchase Express gift cards. Reproductions of coupon will not be accepted. Valid at Express and Express Men stores only in the U.S and online at express.com. Not valid at Express Factory Outlet stores.), no ARV.  Total ARV of all prizes $1,500. Limit one prize per person. No substitution or transfer of any prize permitted by winner. Sponsor reserves the right to substitute a prize of equal or greater value, as determined by Sponsor in its discretion. Winners must be present to win and unclaimed prizes will not be awarded, at Sponsor's option.

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. Winners may be issued IRS Forms 1099 for the value of any prize accepted, if applicable. 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.  

NBA games, events and exhibitions dates and times are determined in the sole discretion of the NBA Entities, and may be subject to change.  The terms and conditions of the tickets awarded as part of the prize will govern in the event a legal game, event or exhibition, as defined by NBA, is not played or held, as applicable, due to weather conditions, an act of God, an act of terrorism, civil disturbance or any other reason.  Each winner and his/her guest agree to comply with all applicable venue regulations in connection with the prize.  Sponsor and NBA Entities reserve the right to remove or to deny entry to the winner and/or his/her guest(s) who engage(s) in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person at the game, event or exhibition.  Sponsor and the NBA will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any NBA game, event or exhibition.  NBA game, event and exhibition tickets awarded as prizes may not be resold or offered for resale or used for any commercial or promotional purpose whatsoever. Any such resale or commercial or promotional use may result in disqualification and prize forfeiture, and may invalidate the license granted by the game, event or exhibition ticket(s)

 

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, Sponsor, NBA Entities, or Sponsor’s or an NBA Entities’ 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, NBA Entities, 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 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 and NBA Entities (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, must be present at the Game to win and receive a prize, and must respond within the timeframe specified in these Official Rules. In addition, Sponsor may, within its sole discretion, require potential 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, at the time of and as a condition to receiving any prize. At Sponsor’s discretion, potential 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: By accepting a prize, the winners grant to Sponsor and NBA Entities 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.

8. RELEASE & IDEMNIFICATION: Neither Sponsor, Sponsor Affiliates, nor NBA Entities 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, Sponsor Affiliates, NBA Entities, 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 NBA Entities 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 and NBA Entities 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 Giveaway 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: EXPRESS LA JANUARY 23rd SWEEPSTAKES, c/o Marketing, 1 Express Drive, Columbus, OH 43230. Request must be received before February 24, 2018.

11. SPONSOR: Express, LLC, 1 Express Drive, Columbus, OH 43230.

This Contest is not sponsored, administered, executed or produced by the NBA or any of the NBA Entities.