PROMOTION OFFICIAL RULES

Five Below Mystery Ticket at Grand Opening Stores

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS PROMOTION. PURCHASES DO NOT INCREASE YOUR CHANCES OF WINNING.

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 Promotion promotion (collectively, the “Promotion Entities”).  Void where prohibited. 

HOW TO ENTER:  To enter, be one of the first 100 eligible customers to enter any the Grand Opening store on the Friday of Grand Opening Day as advertised, and receive one (1) scratch-off Mystery Ticket.  .

PROMOTION PERIOD:  The Promotion (the “Promotion”) begins on the Friday of Grand Opening weekend at the open time and ends at closing time or once all 100 tickets have been distributed if earlier. 

WINNER SELECTION AND NOTIFICATION:  All scratch-off Mystery Tickets are winners!  Each recipient of a Mystery Ticket will get a promotional offer of $1 to $100 off of their purchase that day. Offer must be used Grand Opening day and only at the Grand Opening store.  Sponsor is not liable for any Mystery Ticket that is lost, intercepted or not received for any reason.  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:  One hundred (100) prizes are available.  Prizes include:

  1. $1.00 off coupon  – 33 available
  2. $2.00 off coupon – 20 available
  3. $3.00 off coupon– 15 available
  4. $4.00 off coupon – 12 available
  5. $5.00 off  coupon – 8 available
  6. $10.00 offcoupon  – 4 available
  7. $15.00 off coupon – 2 available
  8. $20.00 off coupon – 2 available
  9. $25.00 off  coupon – 2 available
  10. $50.00 off coupon – 1 available
  11. $100 off coupon -  1 available

Total Retail Value of all prizes  $ 590.00.  Coupon must be redeemed on Grand Opening day and only at the Grand Opening store. Minimum. No cash value; no credit for returns, and no cash back.

Excludes gift cards and previous purchases. Cannot be combined with any other coupon or discount. Must relinquish coupon at time of purchase.  Unused portion of coupon will be forfeited, and no portion of the coupon may be redeemed for cash.  Prizes are non-transferable, and no cash alternative or prize substitutions will be allowed, except in Sponsor’s discretion. Odds of winning depend on the number of eligible contestants arriving at Grand Opening. 

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 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 PROMOTION OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE PROMOTION, 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 Promotion; (2) unauthorized human intervention in any part of the entry process or the Promotion; (3) technical or human error which may occur in the administration of the Promotion or the processing of Promotion 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 Promotion 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 Promotion 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 Promotion.  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 Promotion 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 Promotion, 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 Promotion, 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 Promotion 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 Promotion, 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 to modify, extend, suspend, or terminate the Promotion, in whole or in part, if it determines, in its sole discretion, that the Promotion 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 Promotion as contemplated herein.  If the Promotion 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. 

 SPONSOR:  Five Below, Inc., 1818 Market Street, Suite 2000 Philadelphia, PA 19103.