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Five Below Privacy Policy

Effective Date: January 25, 2021

This Online Privacy Policy describes how Five Below, Inc. (“Five Below,” “we,” “our,” or “us” ) collects, uses, and shares information about you, including your choices with respect to that information. This Privacy Policy applies to your use of any website, mobile application (“App”), or other online service location that posts a link to this Privacy Policy, and all features, content, and other services that we own, control, and make available through such website, App, or online service location (collectively, the “Service”) regardless of the device you use to access it. This Privacy Policy does not apply to our information collection activities offline or otherwise outside of the Service or information obtained from third parties (unless otherwise stated below or at the time of collection or to the extent such data is combined with Personal Information we have collected via the Service).
By visiting or otherwise using the Service, you agree to our Terms of Use and consent to our collection, use, and disclosure practices; other activities as described in this Privacy Policy; and any additional privacy statements that may be posted on an applicable part of the Service. If you do not agree and consent, discontinue use of the Service. You can click on the following table of contents to link to the applicable sections of this Privacy Policy:

1. Personal Information We Collect

Personal Information You Provide to Us

We collect information you provide to us via the Service. The information we collect may include “Personal Information,” which is information that identifies you individually, such as your first and last name, email address, phone number, billing address, and shipping address.
For example, we collect information when you register for an account, check out as a guest, purchase products, subscribe to our emails, complete a survey, participate in an online promotion, apply for a job, contact customer support, or otherwise communicate or transact with us through the Service.

Information We Collect Automatically

Information from Other Sources

2. Use of Information

Product and Service Fulfillment

Marketing Purposes

Internal Operations

Legal Compliance and Fraud Prevention

3. Sharing of Information

4. Sweepstakes, Contests, and Promotions

5. Tell-A-Friend

6. Third-Party Services and Social Features

7. Analytics Services, Advertising, and Online Tracking

8. Your Choices

Accessing and Changing Information

App Permissions

Uninstalling the Apps

Disabling Tracking Technologies

Analytics Services and Interest-Based Ads

Communications

Your California Privacy Rights

9. Children’s Privacy

10. Data Security

11. Visitors from Outside the United States

12. Changes to this Privacy Policy

13. Contact Us

Terms of Service

**Effective Date: July 15, 2020. These Terms of Use (“Terms”) set forth a legally binding agreement between you and Five Below, Inc. (“Five Below”, “we”, “our”, or “us”), and govern your use of any website or other online service location (including any affiliated sub-domain and mobile applications and sites) that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such website, or online service location (collectively, the “Service”). By using the Service, you accept these Terms, and consent to the collection, use, and sharing of your data and other activities as described in our Privacy Policy. In some instances, both these Terms and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise. To download or print our Terms, click here. You can click on the following table of contents headings to link to the applicable sections of these Terms:

1. Service Use

(b) Content. The Service contains: (i) materials and other items relating to Five Below and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Five Below; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Five Below or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.

(c) Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Five Below grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Five Below’s sole discretion, and without advance notice or liability.Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.

1. Mobile Application

ii. App Store Sourced Application With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) ; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Five Below reserves all rights in and to the application not expressly granted to you under these Terms and the Additional Terms. You acknowledge and agree that (i) these Terms and the Additional Terms are valid between you and Five Below only, and not Apple, and (ii) Five Below, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Five Below and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Five Below. You acknowledge that, as between Five Below and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Five Below and Apple, Five Below, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and the Additional Terms. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the Additional Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms and the Additional Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other provisions of these Terms and the Additional Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.

(d) Restrictions. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.You further agree that you will not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Five Below; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of or any security measure used by the Service; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.

(e) Children and Minors. You are only permitted to open an account or engage in transactions with us (e.g., purchase products) if you are of the age of majority in the place where you reside. Minors over the age of 13 years of age may browse all parts of the Service under the supervision of a parent or guardian who is deemed the user and responsible for their minor’s use of the Service. The Service is intended for a general audience and are not directed to children under thirteen (13) years of age, except that there may from time to time be specially “All Ages” or “Kids” designated portions of the Service that will be subject to different privacy practices. For more information, and for how parents can report a child under thirteen's (13) submission of personal information to us, see the “Children’s Privacy” section of our Privacy Policy.

(f) Availability and Termination. Five Below may immediately suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Five Below’s sole discretion, and without advance notice or liability.Upon suspension or termination of your access to the Service, or upon notice from Five Below, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement and DMCA Policy, Customer Support, Third-Parties, Service Features, Product Specifications and Risk of Loss, Dispute Resolution, Disclaimer of Representations and Warranties, Limitations of Our Liability, Waiver of Injunctive or Other Equitable Relief, Indemnification, Updates to Terms, and General Provisions,will survive.

(g) Reservation of All Rights. All rights not expressly granted to you are reserved by Five Below and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.

2. Product Specifications, Terms of Sale, Shipping, Risk of Loss and Returns.

(b) Product Specifications and Terms of Sale. Product specifications, pricing, availability and other content on the Service may not be complete, accurate, reliable, current, or error-free.In the event of any errors, Five Below has the right to refuse or cancel any orders in its sole discretion. In addition, an order placed by you is an offer to purchase that is only accepted by us when we proceed to confirm the order is correct and acceptable and ship the product. Any confirmation of your order prior to shipment is merely a confirmation of receipt of your offer to purchase and prior to shipment we can refuse an order.If we charged your account prior to acceptance or cancellation, we will issue a credit to your account in the amount of the charge. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. If a product you ordered is not available for shipment within thirty (30) days of your order, we will cancel your order and refund your purchase amount, unless we elect to make it available to you on “back order” terms and you accept those terms. Five Below strives to depict as accurately as possible the colors of the products shown on the Service; however, Five Below cannot and does not guarantee that your monitor’s display of any color or other visual representation of a product will be accurate. If a product you purchased from Five Below is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to our return policies. We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, on particular products and promotions and on orders that use the same billing or shipping address. Other Additional Terms may apply.

(c) Shipping Policies and Risk of Loss. For information regarding our shipping policies and fees, please see our Shipping Information, as may be modified by applicable Additional Terms (e.g., special free shipping offers). All items purchased from the Service are made pursuant to a shipment contract.This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Applicable Additional Terms may apply. (d) Returns & Exchanges. If you are not fully satisfied with your purchase, you may return it in accordance with our Return & Exchange Policy. For information regarding our return policies, please see our Return & Exchange Policy, as may be modified by applicable Additional Terms (e.g., terms for close outs and product-specific offer terms).

3. Submissions and User Content.

4. Copyright Infringement and DMCA Policy

5. Customer Support

6. Third-Parties

7. Service Features.

(b) E-mail Messages. You can opt out of receiving promotional e-mails from us by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail.This will not affect subsequent subscriptions and if your opt out is limited to certain types of e-mails the opt out will be so limited. We reserve the right to send you e-mails relating to your account or use of the Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt out from receiving our promotional e-mail.

(c) Sweepstakes, Contest and Promotions. Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by a separate set of rules or other Additional Terms that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of Submissions, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to the Promotion’s official rules and other applicable Additional Terms, and you agree to comply therewith and the decisions of the identified sponsor(s) and judge(s). Return to Navigation

8. Dispute Resolution

9. Disclaimer of Representations and Warranties.

10. Limitations of Our Liability.

11. Waiver of Injunctive or Other Equitable Relief

12. Indemnification

13. Updates to Terms.

14. General Provisions.

(b) Severability; Interpretation; Assignment. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Five Below may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Five Below.

(c) Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service.Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Five Below in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.

(d) International Issues. Five Below controls and operates the Service from the U.S.A., and Five Below makes no representation that the Service is appropriate or available for use beyond the U.S.A.You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.Software related to or made available by the Service may be subject to export controls of the U.S.A, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.

(e) Investigations; Cooperation with Law Enforcement. Five Below reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. As permitted by applicable law, Five Below may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.

(f) California Consumer Rights and Notices. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center of the Consumer Information Division of the Department of Consumer Affairs by mail at: 1625 North Market Boulevard, Suite N 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.Their website is located at: http://www.dca.ca.gov. Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us here making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.

(g) Forward Looking Statements. Any forward-looking statements contained on the Web Site are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words “believes,” “expects” and “anticipates” and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of Five Below to differ materially from anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading “Risk Factors” in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Service. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward-looking statements are not guarantees of future performance, results or events. Five Below assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.

California Transparency in Supply Chains Act

Five Below, Inc. and Five Below Merchandising Inc. support the goals of the California Transparency in Supply Chains Act of 2010 and strive to be examples of good human rights and labor practices throughout our business activities. Our partners around the globe make it possible for us to develop and create trend right, WOW product for our customers. As we do not own our manufacturing facilities, we take care in the selection of our vendors, and our process intends to screen out any that don't share our values.

Human Rights in our Business Activities

Our business practices have been governed by integrity, honesty, fair dealing and full compliance with all applicable laws.

International Labor Organization research shows that there are at least 20million victims of forced labour across different industries worldwide and that women and children are particularly vulnerable. This disclosure for the California Transparency in Supply Chains Act (SB-657) outlines the steps we’re taking to prevent human trafficking and modern day slavery in our supply chain, ensuring our vendors meet internationally recognized standards and our vendor requirements.

Although the issue is not new, legislation in California has provided the opportunity for an industry-wide conversation about the steps brands are taking to eliminate human rights violations in their supply chains.

Our stand

We are committed to upholding ethical sourcing practices globally, to protect the lives, freedom and well-being of all individuals who take part in manufacturing our products. Our vendor requirements outline zero tolerance policies, including forced and bonded labour. We require that all work must be completed on a voluntary and legal basis. This means that employees must be free to move and/or resign from their role, be free to leave at the end of their shift or under extenuating circumstances, and employers must not engage in illegal practices that restrict their employees’ freedom of movement.

Verification

We work with industry organizations, stakeholder groups and other brands to evaluate and address risks of human trafficking and slavery. Compliance with our vendor requirements is a pre-condition to start and maintain a business relationship with us. All manufacturing partners are required to uphold our vendor requirements. Facility audits are done by our third party auditing partners.

Supplier Audits

To ensure that our vendors uphold our requirements, we have the right to conduct announced and unannounced audits, as well as follow-up visits and verification. Visits and audits are an opportunity for us to strengthen our relationship, enhance transparency, and work together on preventive actions.

During an audit and any follow up visit, auditors meet with management; tour the site, review documents and interview employees.

Supplier Certification

Our vendor requirements apply to every vendor partnership that we form, and vendors must sign a certificate of compliance before beginning a relationship with us. In our vendor requirements, we also have a zero tolerance policy toward unapproved subcontractors, facilities and homework, and vendors who are not open, transparent and cooperative; this allows us to know who is producing our product, and how it’s being produced. All of our manufacturing partners must abide by the laws of the country in which they are doing business.

Internal Accountability

If forced or bonded labour are found during a facility audit, we will not conduct business with the vendor and we require that they correct the problem immediately. If one of our existing vendors were found to be complicit in any form of forced or bonded labour, we would require the vendor to address and correct the problem immediately, and we would launch an investigation into the issue. Our approach to manufacturing is to establish and maintain long-term partners that share our values and, where applicable, help develop preventive action plans to address and correct issues that arise. In extreme cases of systemic non-compliance or violation of our zero tolerance policies, we reserve the right terminate the business partnership.

Training

We work to protect the integrity of our supply chain by educating our vendors, auditors, and our internal teams about human trafficking and slavery. We engage with industry organizations and other brands to stay abreast of the latest developments, issues and regulations.

We welcome your feedback on our disclosure and our efforts to prevent human trafficking and slavery; please email us at customer.relations@fivebelow.com.

California Consumer Privacy Notice

Store Update (last updated: 8/27/2020)

Dear valued customer,

we’re excited to welcome you back into our stores! all stores are open! most store hours are sunday-thursday 11am-7pm and friday-saturday 10am-8pm. to ensure your safety, sometimes we do need to close for extra cleaning. plz check our store locator before making your trip.

we’ve got your safety covered so you can let go & have fun!

when you visit, rest easier knowing we’re taking steps to keep you and our wow crew safe:

CLEANING AND DISINFECTING..

our wow crew follows rigorous cleaning routines using disinfectant, focusing particularly on high-touch surfaces like shopping baskets, registers and door handles.

SOCIAL DISTANCING REMINDERS.

“five is always cool but 6 feet apart is best.” we’ve rearranged our stores a bit to provide everyone room to keep a safe social distance. our new in-store signage will remind everyone to let go & have fun (and give each other some space).

PERSONAL PROTECTIVE EQUIPMENT, OR PPE.

our stores have all the recommended ppe items to keep us safe. items like gloves, masks and face shields are available for our crew members (and many have opted to sport their own fun, reusable masks!). we’ve taught the wow crew how to properly use, clean and dispose of their safety gear.

AVAILABLE HAND SANITIZER.

we’ve got hand sanitizers in several designated areas, including right near the registers for customers to use after completing their purchase.

REDUCED HOURS.

we’ve scaled our hours back to allow the wow crew extra time to thoroughly clean our stores and restock the products our customers need.

RESPECTING LOCAL GUIDELINES.

we operate all over the country. we’re keeping up on federal, state and local laws to ensure we’re following guidelines on how best to keep our customers and wow crew safe.

Email Sign Up

we’re working on some finishing touches!

simpler email sign-up coming soon. in the meantime, tap to create an account to get on our list!

sign me up!

Careers

Want a fun career with a company that is growing?

Five Below is hiring and we have tons of jobs! Join the hottest growing retailer in the area! We currently have more than 1000 stores from New England to Florida, New York to California... plus we plan to open lots of stores in 2021! You can work in a Store, our Distribution Center, or our Corporate Headquarters in Philadelphia.

click here to access our job portal!

SWEEPSTAKES OFFICIAL RULES

FIVE BELOW Andrea Pippins SWEEPSTAKES 2021

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.  VOID WHERE PROHIBITED

ELIGIBILITY:  Only legal residents of the fifty (50) United States plus D.C., thirteen (13) years of age and older, 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 begins on February 15, 2021 at 9 a.m. Eastern Time (“ET”) and ends on February 21, 2021 at 9 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.

HOW TO ENTER:  There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. To enter, the entrant must follow @fivebelow on Instagram, tag four (4) friends, and “like” @fivebelow’s Instagram Andrea Pippins sweepstakes announcement post, shared on @fivebelow’s Instagram account on February 15, 2021. Collectively, your follow, tag and “like” shall be deemed a “Submission”. Limit one (1) entry per registered Instagram account. Entries found to be in excess of this limit will be disqualified. Use of a single registered Instagram account to repeatedly follow, unfollow, and re-follow Sponsor’s account will only qualify as a single entry. By participating in the Sweepstakes, you unconditionally accept and agree to comply with and abide by these Official Rules and all decisions of the judges, which shall be final and binding in all respects. Any information submitted by you will be subject to the privacy policy posted on the Five Below website as more particularly set forth below. Use of any automated system to participate is prohibited and will result in disqualification of participant and voiding of all of participant’s entries. In the event of a dispute as to any Instagram account email account, the authorized account holder of the email address used to register at Instagram.com or for such email address will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each participant selected as a potential winner may be required to show proof of being the authorized account holder as part of the winner validation process.

WINNER SELECTION AND NOTIFICATION: On or around February 22, 2021. One (1) grand prize winner will be randomly selected from among all eligible entries received during the Sweepstakes Period. The potential winner will be notified by “tagging” the potential winner’s Instagram account with which he/she entered. 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: One (1) grand prize available: The Grand Prize winner will receive five (5) Five Below Gift Cards (each valued at $50.00). Total ARV of All Prizes: $250.00. 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.  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. The odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period. 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:  By entering the Sweepstakes and/or accepting prizes, each entrant grants to Sponsor (and its licensees and partners) a non-exclusive, worldwide, royalty-free, perpetual license to edit, publish, promote, republish at any time in the future, and otherwise use entrant’s name, likeness, biographical information, submission and any other information or materials provided by entrant, in any and all media now known or hereinafter devised, without territorial restriction (except where prohibited by law), for possible editorial, publicity, promotional or advertising purposes, without further permission, notice or compensation (except where prohibited by law). All submissions, including submission file and content, if applicable, will become the property of Sponsor, and may be used by Sponsor for commercial purposes without payment of any kind to the participating entrants. Each entrant agrees to irrevocably and unconditionally transfer and assign to Sponsor all rights to all information submitted during the Sweepstakes, and agrees to execute and deliver such documents, certificates, assignments and other writings, and take such other actions as may be necessary or desirable to vest in Sponsor the ownership rights granted to Sponsor hereunder. 

BY RECEIPT OF ANY PRIZE, WINNER AGREES TO RELEASE AND HOLD HARMLESS SPONSOR, INSTAGRAM, 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 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: Five Below Andrea Pippins 2021 Sweepstakes, 701 Market Street, Suite 300 Philadelphia, PA 19106. All such requests must be received by March 1, 2021.  These Official Rules will be posted on the Website at https://www.fivebelow.com/sweepstakes.

Entrant's Personal Information:  Information collected from entrants is subject to the Sponsor's Privacy Policy, available at https://www.fivebelow.com/privacy

This promotion is in no way sponsored, endorsed or administered by, or associated with, Instagram. All information submitted by entrants is being provided to Sponsor, not to Instagram, and will be treated in accordance with Sponsor’s above-referenced privacy policy.

SPONSOR:  Five Below, Inc., 701 Market Street, Suite 300 Philadelphia, PA 19106