Guess – Season Of Style Sweepstakes
Season of Style Sweepstakes
NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.
WINNERS WILL BE REQUIRED TO TRAVEL ON SPONSOR-SELECTED DATES IN DECEMBER 2019 OR OTHERWISE FORFEIT THEIR RIGHT TO RECEIVE THE PRIZE.
1. Eligibility:Season of Style Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States (or the District of Columbia) and Canada (excluding Quebec), who are at least twenty one (21) years old at the time of entry. Employees, officers and directors of GUESS?, Inc., their parent and affiliated companies as well as the immediate family (i.e., spouse, in-laws, grandparents, parents, siblings grandchildren and children) and household members (whether legally related or not) of each are not eligible to enter or win a prize in this Sweepstakes. Void where prohibited by law. Individual must be a GUESS List member in good standing or enroll in GUESS List by October 20, 2019 in order to enter the Sweepstakes. Participation constitutes entrant’s full and unconditional agreement to these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
2. Sponsor: GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA 90021 (the “Sponsor”).
3. Timing: The Sweepstakes begins on or about 12:00 a.m. Pacific Time (“PT”) on September 9, 2019 and ends at 11:59 p.m. PT on October 20, 2019 (the “Promotion Period”). Sponsor’s designated computer is the official time-keeping device for the Sweepstakes.
4. How to Enter: There are two (2) methods of entry for this Sweepstakes, as follows:
(i) GUESS List Sign-Up Method of Entry. To enter the Sweepstakes, during the Promotion Period, you may visit the Sweepstakes website at Marciano.com/SeasonOfStyleSweeps (the “Website”). The Website will contain a description of the Sweepstakes and the official entry form. To receive any entry into the Sweepstakes, on the entry form, individuals will be required to sign-up for a Guess List (Guess loyalty member) account as well as consent to receive emails from Marciano.com or ShopMarciano.ca. Further, on the entry form, each entrant will be asked to submit information such as his/her full name, mailing address (no P.O. Boxes), email address and related registration information as prompted. Entrant must complete and submit the entry form, during the Promotion Period, with all required information for the entry to be eligible. Individuals who have previously signed up for Guess List prior to the Sweepstakes may still receive an entry into the Sweepstakes by submitting an online entry form on the Website. Individuals will not have multiple accounts created through their entry in the Sweepstakes.
(ii) Mail-In Method of Entry.To enter without having to sign-up for Guess List, legibly hand print on a 3’ x 5’ card your full name, complete mailing address, daytime telephone number (including area code), email address and date of birth and mail it with proper postage to: Season of Style Sweepstakes Entry, 1444 South Alameda Street, Los Angeles, CA 90021, Attn: Customer Experience Management. TO PROTECT YOUR PRIVACY, WE RECOMMEND YOU SEND THE 3×5 CARD IN AN ENVELOPE. All mail-in entries must be postmarked by October 20, 2019 and received by Sponsor no later than October 25, 2019 to be eligible for the Sweepstakes.
Limit on entries: Each participant may enter once (1) daily during the Promotion Period (regardless of method). Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified. Use of any automated system (including, but not limited to, entries submitted using any bot, script, macro, or sweepstakes service) to submit entries is prohibited and will result in disqualification. Entries originating at any other website are not permitted and will be disqualified. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant, provided that person meets the eligibility requirements to participate in the Sweepstakes. 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 potential winner may be required to show proof of being the authorized account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. The submission of an entry is solely the responsibility of the entrant. Proof of sending (such as an automated computer receipt confirming delivery of email or “thanks for entering” message does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes. Only eligible entries actually received by Sponsor’s server before the end of the Promotion Period will be included in the Sweepstakes drawing. Illegible, unintelligible, incomplete, garbled, lost, late, misdirected, forged, altered, or mutilated entries will be disqualified
5. Drawings and Odds: Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes. There will be a total of six (3) winners in this Sweepstakes; one (1) Grand Prize winner and two (2) Runner-up winners. Sponsor will randomly select the potential Sweepstakes winners from all eligible entries received on or around October 25, 2019. The potential winners will be notified by email or phone (in Sponsor’s sole discretion) soon thereafter. If any potential winner is a Canadian resident, he/she will be required to answer a time-limited skill-testing question without assistance in the time frame requested, in order to be eligible to receive a prize. Receiving a prize is contingent upon compliance with these Official Rules. Each potential winner and each potential winner’s Guest (defined below) may be required to sign and return to Sponsor an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) and provide any additional information (such as social security number) that may be required by Sponsor in order to claim his/her prize. To be eligible to receive the prize and if required, each winner must return the Affidavit within three (3) days from the date the notice or attempted notice is sent. If any potential winner cannot be contacted, fails to answer the skill-testing question correctly (if applicable), fails to sign and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, the potential winner forfeits the prize. In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries. Odds of winning a prize depend on the number of eligible entries received during the Promotion Period.
(a) Grand Prize : Sponsor will be awarding a 3 day/2-night trip for the winner and one (1) eligible Guest (as described below) to New York on December 6, 2019 (the “Grand Prize”) and includes the following components: (1) one (1) $1,000.00 Marciano Shopping Card; (2) a dinner for two (ARV: $500); (3) a $2,000.00 Visa gift card from Sponsor to be used by winner to cover round-trip air travel and ground transportation for winner and one (1) guest to and from New York; (4) one (1) styling session at a Marciano store; (5) a spa experience (ARV: $700.00); and (6) a two (2) night hotel stay at the Royalton Park Avenue hotel (or other hotel selected by Sponsor) in New York (ARV: $1,200.00) (Total Grand Prize ARV: $5,400.00).
(b) Runner-up Prizes : Each Runner-up prize winner will get one (1) $250.00 Guess Shopping Card (ARV: $250.00 per Runner-up ; $500.00 total for all Runner-up Prizes).
Hotel reservation will be made under Grand Prize winner’s name. Grand Prize winner must present valid ID and a valid credit card at hotel check-in. Credit card will be authorized to charge $100 per night for incidentals if any. A late check-out will be subject to a charge based on the current day’s prevailing room rate, room type and actual time of departure.
If the Grand Prize winner is unable to travel from December 6, 2019 – December 8, 2019, Sweepstakes prize package will be forfeited.
Grand Prize winner’s travel companion must be at least twenty-one (21) years of age (or the age of majority in the jurisdiction of their residence, whichever is older) (“Guest”). Winners and Guests must sign and return an Affidavit, prior to issuance of prize.
All expenses not specifically mentioned herein, are not included as part of any trip prize package, and are solely the winner’s responsibility, including, but not limited to: hotel taxes, additional ground transportation at the winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation and requirements may be necessary for travel as determined by the transportation provider, such as photo identification. The Trip Prize winners and Guests must possess all required travel documents, including visas and valid passports, if and as applicable.
Winners and/or Guests must follow all instructions of the Royalton Park Avenue hotel relative to the Prize hotel reservation. Should prize winners and/or Guests fail to adhere to any such instructions or engage in unruly, obnoxious, illegal, threatening, or otherwise inappropriate behavior (as determined by Sponsor or the Royalton Park Avenue hotel in their sole discretion), Sponsor and Royalton Park Avenue hotel reserve the right, without further notice or warning, to terminate the trip or other applicable experience early, in whole or in part, and send winners and/or Guests home and/or take other actions as Sponsor or the Royalton Park Avenue hotel deem appropriate in their sole discretion without any liability or other obligation to winners or Guests. Winners and guests may be removed or disqualified from participating in any aspect of the prize for any reason at any time, including, without limitation, creating an unauthorized disturbance, interruption or unnecessarily rough physical contact, creating the potential for injury or property damages, or for any unhealthy, unsafe, unlawful, or inappropriate act. If any winner or Guest who, in the opinion of Sponsor or any of Sponsor’s representatives, is considered a physical or mental threat to the well-being of any other individual, he/she may be removed from any premises relating to the prize and winner consents to such removal.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Grand Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Winners and Guests are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The winners may be required to provide a credit card at the time of hotel check-in. Travel Guest must execute liability/publicity releases prior to issuance of travel documents. Once a Guest is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Grand Prize winners.
If, for whatever reason, the event associated with the prize is cancelled after the prize is awarded, Sponsor’s liability for the prize is limited only to the non-event portions of the prize. No compensation will be paid in lieu of the cancelled event.
Prize/Gift card prize components are subject to terms and conditions as indicated thereon/provided therewith which may include expiration dates. No substitution, cash redemption or transfer of prize except with Sponsor’s permission (which may be granted or withheld for any reason) or except where cash redemption is required by law. Sponsor, in its sole discretion, may award a substitute prize/prize component of equal or greater value if advertised prize/prize component is unavailable at time of awarding for any reason. Any images of prizes/prize components in advertising are for illustrative purposes only and actual items awarded as prizes/prize components may differ from such images. Winners are solely responsible for any federal, state, local or other taxes associated with accepting prize(s); and he/she will be issued a 1099 Tax Form from each Sponsor reflecting the total fair market value of the prize awarded.
For All Prize Components: Prize is determined by Sponsor, in its sole discretion. Prize is non-transferable, with no cash redemptions and no substitution made except at the Sponsor’s sole discretion. Prize may not be combined with any other offer, coupon, discount or promotion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. All prize(s) are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used. The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners will be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes. Unclaimed prize(s) will be forfeited. Prizes, if legitimately claimed, will be awarded. Sponsor is not responsible for and will not replace any lost, mutilated or stolen prize(s) or any prize that is undeliverable or does not reach any winner because of an incorrect or changed address. If a winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize. No more than the stated prizes will be awarded. The winners are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize. Sponsor is not responsible for and winners will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material. Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia and Canada (excluding Quebec), except in Sponsor’s sole and absolute discretion. The total ARV for all prizes awarded in this Sweepstakes: $5,900.00.
7. Release: Winners and Guests assume the risk of any inherent or unforeseen dangers associated with travel. By entering, entrants agree to release, indemnify, defend and hold harmless Sponsor, its parent company and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any claim or cause of action, including, without limitation, personal injury, death, or damage to or loss of property, arising out of, in whole or in part, directly or indirectly, from participation or attempting to participate in the Sweepstakes or from acceptance, possession, award or use or misuse of any prize or while participating in, traveling to, and/or preparing for any Sweepstakes or prize-related activity.
8. Publicity: Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s irrevocable consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, statements, opinions and/or hometown and state or province for advertising and/or promotional purposes, in any media and by all manners (now and hereafter known), worldwide, in perpetuity, without further payment, notice or consideration except for the awarding of the prizes to the winners.
9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes. In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner. Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service. Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (8) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible. If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.
10. Governing Law / Limitation of Liability: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law rules that would cause application of any other state’s laws.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; AND (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
11. Dispute Resolution: 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 in Los Angeles County, California and any other court with jurisdiction over the parties. 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 shall 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 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Los Angeles, CA; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location. The federal or state law that applies to these Official Rules will also apply during the arbitration. 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; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California. 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.
13. Winner’s List/Official Rules Requests: To receive a list of winners, send a stamped self-addressed envelope prior to December 31, 2019 to: “Season of Style Sweepstakes” Winner’s List, GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA 90021 (Attn: Customer Experience Management). For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Season of Style Sweepstakes” Official Rules, GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA 90021 (Attn: Customer Experience Management) prior to the end of the Promotion Period.
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