ANN TAYLOR MOTHER’S DAY SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT IMPROVE THE CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
BY PARTICIPATING IN THIS SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE TAKING ANY ACTION IN RELATION TO THE SWEEPSTAKES. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES (DEFINED BELOW) FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVING CLASS ACTION CLAIMS, AND WAIVING THE RIGHT TO TRIAL BY JURY, AS PERMITTED BY APPLICABLE LAW.
ALTHOUGH OUR PROMOTIONAL PARTNERS ARE CONTRIBUTING PRIZES AT NO COST TO SPONSOR, THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM, MODERN SPROUT, CAPRI BLUE, AND OSEA.
ELIGIBILITY: Open only to permanent legal residents of the fifty (50) United States and the District of Columbia, 18 years of age or older and the age of majority at the time of entry. Void in the U.S. territories and where prohibited by law. Employees (and their immediate families (parent, child, spouse or sibling and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related) of Premium Brands Opco LLC (“Sponsor”), its parent, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are binding and final on matters relating to this sweepstakes.
TO ENTER: Between 9:00 a.m. Eastern Time (“ET”) on May 12, 2023 and 9:00 a.m. ET on May 13, 2023 (“Entry Period”), eligible individuals may enter the sweepstakes by taking the following steps.
Limit of one (1) entry per person. Entries received in excess of the stated limitation will be void. Entries generated by script, macro or other automated means or by any means that subvert the entry process are void. Entrants are not permitted to use multiple accounts to enter more than one (1) time. All entries become the property of Sponsor.
DRAWING AND WINNER NOTIFICATION: Potential winners will be selected in a random drawing within approximately seven (7) days of the end of the Entry Period, from all eligible entries received. Odds of winning depend on the number of eligible entries received. Potential winners will be notified by private message on Instagram from @anntaylor and will be required to respond within 48 hours of initial notification. Potential winners may be required to execute and return an affidavit of eligibility, tax documents, and, where lawful, a publicity and liability release. If a potential winner does not return such documents within the specified time period, claim prize by time indicated, or comply with these rules, or if a prize or prize notification is returned as undeliverable, prize may be forfeited and, at Sponsor’s discretion and time permitting, an alternate winner may be selected.
PRIZE: Ten (10) prize packages with the following items are available to be awarded:
ARV of prize package: $245.88 - $295. Total ARV of prize pool: $2,458.80 - $2,950. All federal, state and local taxes, if any, and all other costs and expenses associated with prize acceptance and use are the sole responsibility of the winners. Prize is awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Any of Sponsor’s merchandise awarded as a prize is exempt from Sponsor’s return policy and may not be returned or exchanged. Winners may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, at its sole discretion, to substitute prize (or portion thereof) with one of comparable or greater value. All prize details are at Sponsor’s sole discretion. For example, and without limiting the generality of the foregoing, if the prize features merchandise that is not available at the time of prize fulfillment, Sponsor may offer the winner an option to select alternate merchandise of the same value within the same category. E-Gift Card terms and conditions apply. Limit one (1) prize per person. Under ordinary circumstances, prize will be provided by Sponsor within four to six (4-6) weeks of the potential winner’s response and return of completed documentation, as applicable; each entrant acknowledges by entering, however, that extraordinary circumstances may delay prize fulfillment longer than the stated timeframe.
PUBLICITY GRANT: Each winner, by acceptance of prize, except where legally prohibited, grants permission for Sponsor and its designees to use his/her/their name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes, without further compensation, in all media now known or hereafter discovered, in any manner, worldwide in perpetuity, without notice or review or approval.
LIMITATION OF LIABILITY AND GENERAL CONDITIONS: Entrants, by participating, agree that Sponsor, Instagram, Modern Sprout, Capri Blue, OSEA, their parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be released, held harmless and indemnified by each entrant against, any liability, for any claims, disability, injuries, costs of litigation and settlement, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this sweepstakes. The limitations set forth in this section will not limit or exclude the Released Parties’ liability for personal injury or tangible property damage caused by the Released Parties, or for the Released Parties’ gross negligence, fraud, or intentional, willful, malicious, or reckless misconduct.
Each entrant understands and agrees that all rights under section 1542 of the civil code of California and any similar law of any state or jurisdiction of the United States are hereby expressly waived by him/her/them. Section 1542 reads as follows:
“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, delayed, undelivered, or garbled entries, comments, messages, email, mail or other communications of any kind; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, wireless network, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, wireless network, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the sweepstakes, the processing of entries, the announcement of the prize or in any sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the sweepstakes. Released Parties are not responsible for injury or damage to participants' or to any other person's device related to or resulting from participating in this sweepstakes. Persons who tamper with or abuse any aspect of the sweepstakes, who act in an unsportsmanlike or disruptive manner or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, pandemic or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the sweepstakes and, if terminated, at its discretion, select the potential winner(s) from all eligible, non-suspect entries received prior to action taken or as otherwise deemed fair and appropriate by Sponsor. Caution: Any attempt to deliberately damage any website or undermine the legitimate operation of the sweepstakes is 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 the attempt to the fullest extent permitted by law.
Failure by the Sponsor to enforce any provision of these Official Rules shall not constitute a waiver of that provision.
Disputes/arbitration/governing law: You agree that these Official Rules and your participation in this sweepstakes are governed by the laws of the state of New York, USA. Both you and Sponsor waive the right to a trial by jury and the right to bring or resolve any dispute as a class, consolidated, representative, collective, or private attorney general action. Notwithstanding any provision in the JAMS (defined below) rules to the contrary, the arbitrator shall not have the authority or any jurisdiction to hear the arbitration as a class, consolidated, representative, collective, or private attorney general action or to consolidate, join, or otherwise combine the claims of different persons into one proceeding except as expressly provided in the next paragraph.
To the extent permitted by applicable law, the parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts located in New York, New York, and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this sweepstakes will be resolved solely by binding arbitration before a sole arbitrator under the streamlined arbitration rules procedures of JAMS Inc. (“JAMS”) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a “demand for arbitration,” then either party can elect to have the arbitration administered by another mutually agreeable arbitration administration service who will hear the case. If an in-person hearing is required, then it will take place in New York City, NY, Chicago, IL, Los Angeles, CA, Atlanta, GA or Dallas, TX (whichever is closest to your residence) or your hometown area (but only if required by the applicable arbitration rules or procedures). The federal or state law that applies to these official rules will also apply during the arbitration. The parties agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against Sponsor or another Released Party (defined above) within an approximately thirty-day period (or otherwise in close proximity), JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this paragraph, provided that—in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration—he/she/they may group demands for arbitration into groups of not fewer than twenty (20) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure, a “Batch Arbitration”). The parties agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a “similar nature” if they arise out of the same sweepstakes, event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this paragraph. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this paragraph. Under any other circumstances, disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions or class arbitrations; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate does not apply and the dispute must be brought in a court of competent jurisdiction in New York, New York. Sponsor agrees to pay the administrative and arbitrator's fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing). Either party may, notwithstanding this provision, bring qualifying claims in small claims court. In no event will you seek or be entitled to rescission, injunctive or other equitable relief or to enjoin or restrain the operation or exploitation of the sweepstakes. Further, in any such dispute, under no circumstances will an entrant be permitted or entitled to obtain awards for, and as a condition of entering the sweepstakes waives all rights to claim, incidental or consequential damages. As a condition of entering the sweepstakes, each entrant agrees that the aggregate liability of the sweepstakes entities will not exceed ten U.S. dollars ($10 USD). As a condition of entering the sweepstakes, each entrant further waives all rights to have damages multiplied or increased.
WINNERS LIST/OFFICIAL RULES: For the names of the winners (available after May 20, 2023), send an email to AnnTaylorSocial@anninc.com with the subject line “Winners List – Mother’s Day Sweeps,” for receipt no later than three months after the end of the sweepstakes. For a copy of these Official Rules, visit https://www.anntaylor.com/cat5470001 during the Entry Period.
SPONSOR: Premium Brands Opco LLC c/o Ann Taylor; 7 Times Square, New York, NY 10036.