SWEEPSTAKES OFFICIAL RULES
For Five Below’s Birthday, 11 Days of Facebook Giveaways Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
ELIGIBILITY: Only legal residents of the fifty (50) United States plus D.C., may enter. Not open to employees, officers or directors -- or to members of the immediate family or household of Five Below, inc, or any advertising or promotion agencies involved in this Sweepstakes promotion (collectively, the “Sweepstakes Entities”). Void where prohibited.
SWEEPSTAKES PERIOD: The Sweepstakes (the “Sweepstakes”) begins on October 10, 2013 at 6 p.m. Eastern Time (“ET”) and ends on October 21 at 6 p.m. ET (the “Sweepstakes Period”). The Sponsor’s database computer is the official time-keeping device for this Sweepstakes. Proof of submission is not proof of receipt.
WINNER SELECTION AND NOTIFICATION: One (1) winner will be randomly selected each day for 11 days, starting on October 11, 2013 from among all eligible entries received by the cutoff time for that day’s drawing. The cutoff time for each day’s drawing is 6:00 p.m. ET. Non-winning entries in each day’s drawing will carry forward to the next day’s drawing. Each potential winner will be notified by email using the contact information given at the time of entry. Sponsor is not liable for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If a potential winner does not respond within five (5) days after the first notification attempt, or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner may be disqualified and an alternate winner may be selected in a random drawing from among all remaining eligible entries. If any potential winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected.
PRIZES/ODDS: Eleven (11) prizes are available (1 prize per day for a period of 11 days):
1) One (1) Grand Prize winner shall win a trip (“Trip”) for two (2) to Cleveland, Ohio for the 11th Annual Avon Heritage Duct Tape Festival scheduled to be held from June 13, 2014 through June 15, 2014. The Trip shall consist of (a) round trip coach airfare for Winner and one (1) guest (adult if winner is a minor) selected by Winner from a major airport near Winner’s residence (as selected by Sponsor) to Cleveland, Ohio on June 13, 2014; (b) accommodations in one (1) standard double occupancy hotel room at a hotel selected by Sponsor in the Cleveland, Ohio metropolitan area for two (2) nights beginning June 13, 2014; (c) entry to the 11th Annual Avon Heritage Duct Tape Festival, with the opportunity to appear in the 11th Annual Avon Heritage Duct Tape Festival Parade along with two (2) all-day ride passes; (d) two hundred dollars and No/100 ($200.00) cash; and (e) one (1) Ultimate Duck Tape® brand duct tape Prize Pack. Winner and guest must travel on the same itinerary, be able to travel to and attend the 10th Annual Avon Heritage Duct Tape Festival from June 13, 2014through June 15, 2014. No alternative dates are available. Unless child of Winner, travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If Winner is a minor in his/her state of residence, travel companion must be Winner’s parent/legal guardian. Travel companion may be required to execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in the judgment of Sponsor air travel is not required due to winner’s proximity to prize location , ground transportation will be substituted for roundtrip air travel at Sponsor’s sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Additionally, contestants are responsible for transportation upon arrival and through the weekend of June 13th-15th, 2014. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, personal hotel charges for goods and services consumed/used, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, security fees, taxes or other expenses are the responsibility solely of Winner. The approximate retail value of the Grand Prize package is $2,000.00 (actual retail value (“ARV”) may vary based on timing and point of departure, Winner will not receive the difference between actual and approximate retail value).
2) Monster® Branded Snowboard – approximate retail value is $220.00.
3) Coke® Branded Bicycle & Set of 6 Coke® lawn chairs – approximate retail value is $450.00 & $300.00 respectively
4) 10,000 rubber bands + Five Below® Twist-n-Loop + charms + clasps – approximate retail value is $80.00
5) Apple® TV - approximate retail value is $99.99
6) Halloween Fog Machine - approximate retail value is $99.00
7) iPod® Nano - approximate retail value is $139.99
8) Trampoline - approximate retail value is $52.00
9) Lego®: The Lion CHI Temple - approximate retail value is $79.99
10) Hello Kitty® gift basket - approximate retail value is $75.00
11) Flips® HD Headphones - approximate retail value is $120.00
12) Lisa Frank® gift basket - approximate retail value is $100.00
Exact selection of brand and sample products for each day’s prize is in Sponsor’s discretion. Prizes are non-transferable, and no cash alternative or prize substitutions will be allowed, except in Sponsor’s discretion. A substitute of comparable or greater value may be awarded if any prize listed becomes unavailable for any reason. Odds of winning depend on the number of eligible entries received. Sweepstakes is open to more than 100 million internet users in the United States. Allow 4-6 weeks after validation for delivery or arrangement for delivery of prize. Limit one (1) prize per household.
GENERAL PRIZE CONDITIONS: Each potential winner (a) is responsible for all federal, state and/or local taxes, and for any other fees or costs associated with acceptance or use of any prize, and (b) may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
GENERAL PROVISIONS: Acceptance of a prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation except where prohibited by law.
BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, FACEBOOK, INC. AND ANY PROMOTIONAL PARTNERS, OF EACH OF THEIR PARENT, SUBSIDIARY, AFFILIATE AND RELATED COMPANIES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (COLLECTIVELY THE “RELEASED PARTIES”) FROM AND AGAINST ANY LOSSES, DAMAGES, RIGHTS, CLAIM OR CAUSE OF ACTION OF ANY KIND ARISING, IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, OUT OF PARTICIPATION IN THE SWEEPSTAKES OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of Sweepstakes submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. Each winner also further acknowledges that the Released Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Sweepstakes including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant’s sole remedy is another submission and thereby another entry into the Sweepstakes. No more than the stated number of prizes will be awarded.
Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prizes awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate courts located in the Commonwealth of Pennsylvania, U.S.A.; (ii) 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 excluding any attorneys’ fees; and (iii) under no circumstances will participant be permitted to obtain awards for and participant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, U.S.A. without giving effect to any choice of law or conflict of law rules (whether of the Commonwealth of Pennsylvania, U.S.A. or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania, U.S.A.
Any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, may be disqualified, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law.
Sponsor reserves the right, in its sole discretion, to modify, extend, suspend, or terminate the Sweepstakes, in whole or in part, if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other unintended circumstances have impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries unaffected by the problem. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
Only the type and quantity of prizes described in these Official Rules will be awarded. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available in the prize category in question may be selected in a random drawing from among all persons making purportedly valid claims for such prize(s). Inclusion in such drawing shall be each entrant’s sole and exclusive remedy in such circumstances.
WINNER’S LIST/OFFICIAL RULES: For the name of the prize winner(s), available two (2) weeks after the end of the Sweepstakes Period, send a self-addressed stamped envelope to Five Below, Inc., Attn: 2014 11 Days of Giveaways, 1818 Market Street, Suite 1900 Philadelphia, PA 19103. All such requests must be received by November 1, 2014. These Official Rules will be posted on the Website at http://www.fivebelow.com/rules-5bdays.
Facebook: By entering, you release Facebook and its parent companies, subsidiaries, affiliates, partners, employees, directors, agents, advertising agencies, from any and against any and all injury, loss or damage caused or claimed to be caused by your participation in the Sweepstakes and/or the acceptance, awarding, receipt, use and/or misuse of the prize. Any information you submit online is to the Sponsor, and not to Facebook. This promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook.
SPONSOR: Five Below, Inc., 1818 Market Street, Suite 1900 Philadelphia, PA 19103