ANN TAYLOR FALL 2014 #instaANN SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. WINNER WILL BE CHOSEN AT RANDOM.
By entering the “Ann Taylor Fall 2014 #instaANN Sweepstakes” (the “Sweepstakes”), you agree to comply with and be bound by the following official Sweepstakes rules. If you do not agree with the rules in their entirety, you are not permitted to enter the Sweepstakes.
HOW TO ENTER: Entrants can find the Sweepstakes at http://www.anntaylor.com/cat1990034 Entrants shall select an image(s) of their choice which depicts entrants showing off their fall fashion and post it on Instagram (the “Entry” or “Entries”) using all of the following: “#instaANN #ATFALLSWEEPS”. The Entries must be received between 12:01 AM Eastern Time (“ET”) September 11, 2014 and 11:59 PM Eastern Time (“ET”) October 16, 2014 (the “Entry Period”). Entrants are subject to all notices posted in the application including but not limited to privacy policies of the Sponsor. Entrants’ Instagram accounts must be public and thus viewable by the Sponsor and its agents. To remain eligible, Entries must not be deleted prior to the end of the Entry Period.
Limit: One (1) Entry per unique photo uploaded with the proper hashtags during the Entry Period. Entrants may submit multiple Entries during the Entry Period provided that each Entry is tied to a unique photo with the proper hashtags. “Regrams” of an entrant’s prior Entry or another Instagram user’s Entry will not be considered eligible entries.
Alternate Method of Entry (“AMOE”): Eligible persons who would like to participate in the Sweepstakes but do not have an Instagram account or do not have access to Instagram, may send an e-mail with an attached photograph showing off their fall fashion to email@example.com with the subject line, “Ann Taylor Fall 2014 #instaANN Sweepstakes- Entry". Please include your first and last name, physical address, and date of birth in the body of the email. Upon receipt of your e-mail and photograph, you will receive one (1) entry into the Sweepstakes. E-mails must be received during the Entry Period to be considered. Limit: One (1) Entry per unique photo sent via the AMOE/e-mail method during the Entry Period.
All Entries, e-mails, photographs and requests become Sponsor’s property and will not be returned or acknowledged. In the event of any dispute regarding the identity of a person submitting an Entry, the Entry will be deemed submitted by the person who is the owner of such Instagram account or, in the case of entries via the AMOE, the person who is the owner of such e-mail account.
Content Restrictions: Entries should not contain any content that is lewd, obscene, sexually explicit, pornographic, disparaging, defamatory, libelous, obscene, or that otherwise contains inappropriate content or objectionable material as determined by Sponsor in its sole and unfettered discretion. All rights contained in the image(s) posted or e-mailed by entrant must be owned or otherwise controlled by entrant or Entry must have the necessary rights and consents to grant the license referenced below, and the image(s) posted or e-mailed by entrant must not infringe the copyright, trademark, privacy, publicity, or other intellectual rights of any person or entity. The image(s) posted or e-mailed by entrant may include other persons only if entrant obtains all releases and consents necessary to permit such exhibition and use. If any person appearing in an image posted or e-mailed by entrant is under the age of majority in his/her state, the signature of a parent or legal guardian will be required on each release. The image(s) posted or e-mailed by entrant must not contain any personally identifiable information of any person other than entrant. If an image includes entrant’s personally identifiable information, entrant acknowledges and agrees that such information may be disclosed publicly and entrant is solely responsible for any consequences thereof. The image(s) posted or e-mailed by entrant may not contain any commercial content or logos other than Ann Taylor content or logos. Images that contain any of the above will be deemed ineligible entries.
Important Notice: Incomplete, inaccurate or ineligible entries shall be deemed void. Posting a photograph on Instagram requires a mobile device and therefore an entrant's wireless service provider may charge entrant for data and/or message usage. Entrant shall be responsible for any and all costs associated with entry. Please consult your wireless service provider regarding their pricing plans. Not all mobile phone providers carry the necessary service to participate. Check your phone and service capabilities for specific mobile internet instructions.
PRIZE & APPROXIMATE RETAIL VALUE ("ARV")/ODDS: One (1) winner will receive one (1) prize consisting of one (1) $500 Ann Taylor gift card. Total ARV is $500 USD.
Ann Taylor gift cards are not redeemable for cash and will not be replaced if lost or stolen. Gift card usage is subject to the complete gift card terms and conditions at https://www.anntaylor.com/gift-cards. Ann Taylor gift cards may be subject to other terms and conditions applicable to Sponsor’s gift cards.
The potential winner will be selected from all eligible entries by a random selection process, which will be conducted after the close of Sweepstakes on October 16, 2014. The potential winner will be notified within fourteen (14) business days from end of Sweepstakes by Instagram, or by e-mail if potential winner entered via the AMOE, and will be required to complete and return an Affidavit of Eligibility and Liability and Publicity Release (“Affidavit/Release”). The Affidavit/Release must be completed and returned by October 31, 2014, or an alternate winner will be selected. Prize will be shipped within approximately fourteen (14) business days after receipt and verification of completed Affidavit/Release. If a potential winner cannot be contacted, or if an Affidavit/Release is returned as undeliverable or if a selected potential winner cannot accept or receive the prize for any reason, or he/she is not in compliance with these Official Rules, the prize will be forfeited and awarded to an alternate winner in a separate random drawing.
PRIZE CONDITIONS: If a potential winner is otherwise eligible under these Official Rules, but is nevertheless deemed a minor in his or her state of primary residence, the prize will be awarded in the name of winner's parent or legal guardian who will be required to execute an affidavit on the minor’s behalf.
No substitutions are permitted except if prize is unavailable, in which case a prize of equal or greater value will be awarded. Prize may not be exchanged. Prize is not redeemable for cash. Prize is non-assignable and non-transferable except to a surviving spouse. Winner is responsible for applicable United States federal, state, local, and income taxes associated with winning the prize. Any other incidental expenses on prize not specified herein are the sole responsibility of winner.
Entry and acceptance of the prize constitute permission to use a winner's entry, name, prize description, hometown, photograph, likeness, video and statements for posting online, advertising and promotional purposes without further compensation, except where prohibited by law. Subject to the terms and conditions provided herein, the prize is guaranteed to be awarded.
LICENSE: By submitting your entry, you hereby grant to Sponsor, and to its licensees, successors and assigns, and any person or entity acting on its behalf, the non-exclusive, unrestricted, fully transferable, assignable and sublicensable, irrevocable right and license to use, publish, copy, reproduce, import, exploit, modify, edit, transmit, adopt, create derivative works from, and distribute the entry, including, without limitation, the names and likenesses of any persons or locations embodied therein, in any and all media now known or hereafter devised, worldwide, in perpetuity for any purposes without compensation, permission or notification. You further grant to Sponsor the right to use your entry name, or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, and in perpetuity, without compensation (unless prohibited by law) or additional consents.
GENERAL: By participating, entrants fully and unconditionally agree to these Official Rules and the decisions of the Sponsor, which are binding. Entrants agree that they release the Sponsor, any parent company, affiliated companies, Instagram, and all other businesses involved in this Sweepstakes, as well as the employees, officers, directors and agents of each such company, from all claims and liability relating to their participation, acceptance and use of the prize. Winner assumes all liability for any injury or damage caused or claimed to be caused, by participation in this Sweepstakes or receipt or use of the prize. Sponsor has not made nor is in any manner responsible or liable for any warranty, representation or guarantee express or implied, in fact or in law, with respect to the prize, including, without limitation, to the prize’s quality or fitness for a particular purpose. The Sponsor is not responsible for any typographical or other error in the advertising for the Sweepstakes, administration of the Sweepstakes or in the announcement of the prize. Sponsor is not responsible if Sweepstakes cannot take place or if the prize cannot be awarded due to cancellations, delays or interruptions due to acts of God, acts of war (declared or undeclared), natural disasters, weather, acts of terrorism, riot or civil disturbance, satellite or equipment failure, federal state or local government law, order or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence).
In the event of a dispute over the identity of an entrant, entry will be deemed submitted by the "Authorized Account Holder" of the Instagram account or e-mail account submitted at time of entry. Authorized Account Holder means the natural person 18 years of age or older, who is assigned to an e-mail address by an Internet access provider, online service provider, mobile phone provider, or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address and/or Instagram account. Sponsor may require entrant or potential winner to provide Sponsor with proof that such party is the authorized account holder of the Instagram account or e-mail account associated with the entry. Entry materials/data that have been tampered with or altered, or mass entries or entries generated by a script, macro or use of automated devices are void. The Sponsor is not responsible for: (i) error, omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment, electronic, computer, hardware or software malfunctions of any kind, or inaccurate transmission of or failure to receive entry or email information by Sponsor on account of technical problems or traffic congestion on the Internet or at any web site or any combination thereof; or (ii) any injury or damage to persons or property, including but not limited to death, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use of the prize. By participating in the Sweepstakes, you (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of the Sponsor, which are final and binding in all matters relating to the Sweepstakes. Behavior which is intended to disrupt or undermine the legitimate operation of the Sweepstakes, or which is intended to annoy, abuse, threaten or harass any other person, or any failure to comply with these Official Rules, may result in disqualification from the Sweepstakes, and Sponsor reserves the right to seek damages and other remedies from any such person engaging in such behavior to the fullest extent permitted by law. The Sponsor reserves the right to: (i) permanently disqualify from the Sweepstakes any person it believes has intentionally violated these Official Rules; and (ii) cancel, suspend and/or modify the Sweepstakes without any liability if any fraud, virus, tampering, bugs, unauthorized intervention, technical failure or other factor beyond Sponsor’s reasonable control impairs the administration, functioning or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion, and withdraw the online and/or wireless method of entry if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), and to select winner from among all eligible entries received prior to withdrawal. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances.
SPONSOR IS NOT RESPONSIBLE FOR INCOMPATIBILITY OF ENTRANT’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY WITH SPONSOR’S HARDWARE, SOFTWARE OR BROWSER TECHNOLOGY.
LEGAL WARNING: ANY ATTEMPT BY AN INDIVIDUAL, WHETHER OR NOT AN ENTRANT, TO DELIBERATELY DAMAGE, DESTROY, TAMPER OR VANDALIZE THIS WEB SITE OR INTERFERE WITH THE OPERATION OF THE SWEEPSTAKES, IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES AND DILIGENTLY PURSUE ALL REMEDIES AGAINST ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
APPLICABLE LAWS AND JURISDICTION: This Sweepstakes is subject to all applicable United States federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by and interpreted under the laws of the State of New York without regard to its conflicts of laws provisions. By participating, entrants agree that any and all disputes arising out of or relating in any way to this Sweepstakes shall be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Sweepstakes and shall not include any indirect, punitive, incidental and/or consequential damages.
WINNER LIST: For confirmation of the prizewinner’s name and city of residence, send a self-addressed stamped envelope, to be received by November 14, 2014, to: Ann Taylor Fall 2014 #instaANN Sweepstakes Winners List Request, Attn: Ann Taylor Social Media Team, 7 Times Square, New York, NY 10036.
SPONSOR: AnnTaylor, Inc. (7 Times Square, New York, NY 10036).
Any questions, comments or complaints regarding this Sweepstakes should be sent via e-mail or mail to: Ann Taylor Fall 2014 #instaANN Sweepstakes, Ann Taylor Social Media Team, 7 Times Square, New York, NY 10036 or social_media@AnnTaylor.com.
Void outside the United States and wherever else prohibited by law.