Earn 1 point for every $1 spent
$5 reward
For Every 100 Points
Earn 1 point for every $1 spent
$5 reward
For Every 100 Points
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE IN THIS CONTEST. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
EACH PRIZE RECIPIENT (BOTH THE WINNING ENTRANT AND HER/HIS SHERO (DEFINED BELOW)) WILL BE REQUIRED TO RESPOND TO WINNER NOTIFICATION AND OTHER COMMUNICATIONS FROM SPONSOR (DEFINED BELOW) WITHIN FIVE (5) DAYS ACCORDING TO THE NOTICE(S) FROM SPONSOR OR PRIZE MAY BE FORFEITED (IN SPONSOR'S SOLE DISCRETION).
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, LLC ("INSTAGRAM").
BY ENTERING THIS CONTEST, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR FROM YOU, A LIMITATION OF YOUR RIGHTS AND REMEDIES, BINDING ARBITRATION OF CLAIMS, WAIVER OF CLASS-ACTION CLAIMS, AND WAIVER OF THE RIGHT TO TRIAL BY JURY.
OVERVIEW The #servicewithstyle Shero Contest ("Contest") is sponsored by Maurices Incorporated ("Sponsor"). The Contest begins on April 8, 2018, when Sponsor posts a photo from Sponsor's @maurices account on the Instagram platform that invites eligible individuals to enter the Contest by posting an Entry Comment (defined below) ("Invitation Post"), and ends at 11:59:59pm Central Time ("CT") on May 8, 2018 ("Contest Period").
If you satisfy the eligibility requirements (described below), you may enter the Contest by using your valid Instagram account to post a comment on the Invitation Post in which you (a) tag the Instagram account of one (1) person you know who is your hero using the @ function ("Shero"), (b) describe why (s)he is your Shero, and tell a story about your Shero and (c) include the tags #servicewithstyle and #shero ("Required Tags"). (Any such comment submitted by an eligible participant during the Contest Period is referred to in these Official Rules as an "Entry Comment"). (In choosing a story to tell about your Shero, note that entries will be judged in part on how inspirational, self-less and/or courageous the Judges (defined below) find your Shero's conduct.) Following the close of the Contest Period, ten (10) entrants will be selected as the potential winners of this Contest through the judging process described below. If confirmed as a winner, each of their corresponding Sheros will also receive a prize (subject to verification). By entering the Contest, you confirm that you have permission of your Shero to submit her/his story and personal information for the purpose of this Contest. The onus for obtaining such permission rests entirely with you.
ELIGIBILITY: To be eligible, both entrant and her/his Shero must be a legal resident of any one (1) of the fifty United States or the District of Columbia, or Canada (excluding Québec) ("Territory"), at least eighteen (18) years old and the age of majority in their primary jurisdiction of residence as of the date of entry, and a registered Instagram user in good standing throughout the Contest Period and prize fulfillment process. Corporate entities are not eligible and have no right to claim any prize won by their employees. Employees, officers, directors, members, managers, agents, and representatives of Sponsor, its advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of this Contest, as well as each of their respective parent corporations, subsidiaries and affiliated companies (collectively, with Instagram, the "Released Parties") and members of the immediate families (defined for these purposes as including any spouse, partner, parent, legal guardian, child, legal ward, sibling, grandparent, or grandchild and each of their respective spouses) and individuals living in the same household as such persons (whether or not related) are not eligible. This Contest is void outside of the Territory and where prohibited by law.
HOW TO ENTER: If you meet the eligibility requirements, you can enter the Contest by, during the Contest Period: (i) logging into your account on Instagram (ii) viewing the Invitation Post on Sponsor's @maurices Instagram account (ii) and posting your Entry Comment that satisfies the requirements described above as a comment on the Invitation Post. A purported Entry Comment that is submitted in any other way (e.g., as an independent post from entrant's Instagram account or as a comment on any post other than the applicable Invitation Post) is ineligible and will not be considered for entry into this Contest. An Entry Comment must comply with these Official Rules (including, without limitation, the Submission Requirements section below) and the Instagram Terms of Service available at http://instagram.com/about/legal/terms/. Your Entry Comment will not be deemed an entry in the Contest until Sponsor verifies that it meets all the Submission Requirements detailed below. Posting an Entry Comment with the Required Tags and participating in this Contest constitutes entrant's full and unconditional agreement to and acceptance of these Official Rules and the decisions of Sponsor.
Entry Comments must be received and identifiable by Sponsor during the Contest Period or they will be void. Entries are "received" when the Instagram platform's database records the completed Entry Comment and the Entry Comment is viewable by Sponsor. Other proof of submitting an entry (such as a printed or copied screenshot of a comment or an Instagram feed) does not constitute actual receipt of the entry for purposes of this Contest. Instagram's database clock will be the official timekeeper for this Contest. Your Entry Comment must remain active on your Instagram account and viewable to Sponsor through winner selection and prize award for this Contest. Sponsor may not be able to view purported Entry Comments or otherwise receive entries or detect participation from Instagram users whose accounts are set to "private" (i.e., where user has set his or her account so that only people the user has approved can view his/her posts) due to the way Instagram operates its service. It is each entrant's responsibility to timely set his or her account settings so that Sponsor is able to view his/her Entry Comment. Sponsor, at its sole discretion, may accept or disqualify a purported Entry Comment that omits one of the Required Tags or contains any technically incorrect Required Tag. Purported Entry Comments that are not both actually visible and received by Sponsor during the Contest Period will not be entered into the Contest. Purported Entry Comments identified or received outside the Contest Period will be void. Each entrant must be the rightful owner of the Instagram account, and corresponding email account, utilized for entry.
Limit one (1) entry per person, per Instagram account, per day during the Contest Period, provided that each entry must identify a different Shero. Subsequent attempts made by the same individual to submit multiple entries in violation of this condition by any methods or means are void and persons engaging in such conduct may, in Sponsor's sole discretion, be disqualified. Entries must be submitted and received by Sponsor during the Contest Period through Instagram and in strict accordance with the instructions and restrictions in these Official Rules. Those who do not follow all of the instructions, provide the required content in their entry, or abide by these Official Rules will be disqualified and any associated entry void. Purported entries that are incomplete, lost, late, misdirected, illegitimate, forged, altered, incomprehensible, garbled, or generated by a macro, bot, or other automated means will not be accepted and will be void. The use of any device or process to automate the entry process is prohibited. Entries will not be acknowledged. Entries made on your behalf by another, made by you on behalf of any other individual, or made by any entity, and/or originating at or using any application, website or online service not operated by Instagram as part of the Instagram platform, including, without limitation, commercial promotion subscription, notification, and/or entering services, will be declared invalid and disqualified for this Contest. As a condition of entering the Contest and, without limiting any other provision in these Official Rules, each entrant, on behalf of her-/himself and her/his Shero, gives consent for Sponsor and its agents to obtain and deliver her/his and her/his Shero's name, address, and other information and content to third parties for the purpose of administering this Contest and complying with applicable laws, regulations, and rules.
By participating in this Contest via your wireless mobile device, you may be charged for standard data sent and received from your mobile device according to the terms in your wireless service provider's data plan. Normal carrier charges and other charges may apply to data use and will be billed on your wireless device bill or deducted from your pre-paid balance. Each wireless carrier's rate plan may vary, and you should contact your wireless carrier for information on charges relating to your participation in this Contest. Check your device's capabilities for specific instructions and your wireless service provider's data plan. Data service and wireless service are not available in all areas, from all mobile device service carriers, and with all mobile phones, handsets, or other devices. If your device is connected to an Internet Service Provider, normal Internet access and usage charges imposed by your Internet Service Provider may apply.
Sponsor reserves the right in its sole discretion to disqualify from the Contest any entrant whose Entry Comment refers, depicts, or in any way reflects negatively upon a Released Party, the Contest, or any other person or entity or does not comply with any provision of these Official Rules (including the above Submission Requirements), all as determined by Sponsor in its sole discretion.
LICENSE: By entering, except where prohibited by law, each entrant grants to the Released Parties (and their agents, successors and assigns) the irrevocable, sublicensable, absolute and perpetual right and permission to use, edit, modify, copy, adapt, publish, and exploit the Entry Comment in any and all media now existing or hereafter devised (including online) throughout the world, in any language, and in any manner for trade, advertising, promotional, commercial, or any other purposes, without further review, notice, approval, consideration, or compensation beyond the opportunity to win a prize in this Contest. Each entrant waives and releases the Released Parties from any and all claims that entrant may now or hereafter have in any jurisdiction based on "moral rights" or "droit moral" or unfair competition with respect to the Released Parties' exploitation of any Entry Comment without further notification or compensation to entrant of any kind, and agrees not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Released Parties, each of their licensees, or any other person in connection with this Contest, on the grounds that any use of any Entry Comment or element thereof or derivative works therefrom in accordance with this license infringes or violates any of entrant's rights (including MORAL RIGHTS) therein.
Each entrant hereby acknowledges and agrees that the relationship between the entrant and each of the Released Parties is not a confidential, fiduciary, or other special relationship, and that the entrant's decision to submit his/her Entry Comment for purposes of the Contest does not place any of the Released Parties in a position that is any different from the position held by members of the general public with regard to elements of the Entry Comment, other than as set forth in these Official Rules. Each entrant understands and acknowledges that Sponsor has wide access to ideas, images, and other creative materials. Each entrant also acknowledges that many ideas or images may be competitive with, similar to, or identical to his/her Entry Comment and/or each other in idea, components, format, or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of Sponsor's use of any such similar or identical material that has or may come to Sponsor from other sources. Each entrant acknowledges and agrees that Sponsor does not now and will not have in the future any duty or liability (direct or indirect; vicarious, contributory, or otherwise) with respect to the infringement or protection of the entrant's copyright in and to his/her Entry Comment or its constituent elements. Each entrant acknowledges that, with respect to any claim by entrant relating to or arising out of a Released Party's actual or alleged exploitation or use of any Entry Comment or other material submitted in connection with the Contest, the damage, if any, thereby caused to the applicable entrant will not be irreparable or otherwise sufficient to entitle such entrant to seek injunctive or other equitable relief or in any way enjoin the production, distribution, exhibition, or other exploitation of any Released Party property or product, and entrant's rights and remedies in any such event are strictly limited to the right to recover damages, if any, in an action at law.
WINNER SELECTION/NOTIFICATION: Ten (10) potential winners will be selected from among all eligible Entry Comments received during the Contest Period by a panel of judges selected by Sponsor (the "Judges"). All eligible Entry Comments received will be evaluated by the Judges, based on the following criteria: the degree to which the Judges find the conduct of the Shero as described in the Entry Comment inspirational, self-less and/or courageous (70%); creativity and originality of the entrant's description and storytelling regarding her/his Shero in the Entry Comment (20%), expository skill demonstrated in drafting the Entry Comment (10%) ("Criteria"). The ten (10) Entry Comments with the highest score will be declared the potential winners of the Contest. In the event of a tie in the selection of any winner, the Entry Comment with the highest score in the "inspiration" Criterion will be named the winner. In the event that the tie persists, the Entry Comment with the highest score in the "creativity and originality" Criterion will be named the winner. Limit one (1) prize per entrant in this Contest, provided that, in the event multiple winning entrants identify a single Shero in their winning Entry Comment, such Shero may receive multiple prizes in accordance with the prize award procedures described below.
The Judges' decision will be rendered within approximately ten (10) business days of the close of the Contest Period. Within approximately one (1) business day of such decision, Sponsor will attempt to contact each potential winner and her/his Shero using Instagram's direct message feature. Each potential winner and Shero will be required to respond to Sponsor as instructed within five (5) days of Sponsor sending the direct message. Entrants and Sheros are encouraged to monitor their Instagram accounts for correspondence from Sponsor. If an entrant or Shero is not a follower of Sponsor's @maurices account on Instagram, such entrant or Shero may have to affirmatively accept a direct message sent by Sponsor. Sponsor may, in addition to or in the alternative of sending a direct message, elect to attempt to notify a potential winner or her/his Shero by posting a reply comment to the potentially winning Entry Comment and tagging the potential winner's Instagram name in such reply comment (or that of her/his Shero). If you are a potential winner or the Shero of a potential winner and you receive a prize notification message from Sponsor, we encourage you to communicate with your Shero or your potential winner to ensure that both of you are aware of the notification and the pending response deadline. If any prize, prize notification, or Contest-related communication is rejected, faulty, or returned as undeliverable or if the potential winner does not respond according to the notification's or Sponsor's instructions or otherwise fails to comply with these Official Rules, the prize may, in Sponsor's sole discretion, be forfeited and an alternate winner may be selected (time permitting). Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant. To claim a prize, each potential winner must follow the directions in his or her notification. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential winner, if any.
Each potential prize winner and his/her Shero may, in Sponsor's sole discretion, be required to complete, sign, have notarized (if applicable) and return an Affidavit or Declaration of Eligibility and Liability/Publicity Release (unless prohibited by law) and tax documents, if applicable (collectively, "Prize Winner Documents") within the time frame specified and in the form provided by Sponsor, without revision, or prize may be forfeited. The Prize Winner Documents, if applicable, must be received by Sponsor within five (5) days of Sponsor sending the documents to the potential winner and Shero or other time frame as stated in the Prize Winner Documents, or prize may be forfeited and an alternate winner may be selected. In the event that the Shero identified in a potential winning Entry Comment does not timely respond to any prize notification attempt by Sponsor or fails to respond in accordance with any instructions of Sponsor, (s)he may, in Sponsor's sole discretion, be deemed ineligible to receive a prize. In such case, the potential winner may, in Sponsor's discretion, also be disqualified and any prize won forfeited.
The prize claim and Prize Winner Documents are subject to verification by Sponsor. The prizes, if legitimately claimed, will be awarded. Sponsor will not be obligated to pursue more than three (3) alternate winners (time permitting) for any prize for any reason, in which case that prize may go unawarded.
PRIZES & APPROXIMATE RETAIL VALUE (“ARV”): Ten (10) prizes will be awarded, each consisting solely of the following: (i) one (1) five hundred dollar ($500) maurices' gift card for the person who posted the winning Entry Comment and (ii) one (1) five hundred dollar ($500) maurices' gift card for the Shero tagged in the winning Entry Comment. ARV of each prize is $1,000. Total ARV in this Contest is $10,000. The gift cards will be issued in the currency of the confirmed winner and his/her Shero.
The portion of the prize as indicated above will be awarded directly by Sponsor to the Shero tagged in their winning Entry Comment. Sponsor will not be responsible or liable for any disputes between a winner and their Shero, including without limitation any disputes regarding the prize.
All prize details not specifically stated in these Official Rules will be determined by Sponsor in its sole discretion. Gift card is subject to additional terms and conditions as specified thereon (or in accompanying materials). All taxes (federal, state, provincial, territorial, and local), as well as any expenses associated with prize acceptance and use and not specified in these Official Rules as being provided as part of the prize, are the sole responsibility of the prize recipient. Mailed prize elements will only be mailed to a confirmed winner's or Shero's address in the Territory, unless otherwise agreed to by Sponsor. Sponsor is not responsible for and will not replace any lost, mutilated, or stolen prize or prize component, or any prize/prize component that is undeliverable or does not reach a winner because of incorrect or changed contact information. If a winner or her/his Shero 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. Sponsor is not responsible for any inability of any winner or Shero to accept or use any prize (or portion thereof) for any reason. Winner and Shero are strictly prohibited from selling, auctioning, trading or otherwise transferring any part of a prize, except with Sponsor's permission, which may be granted or withheld for any reason in its sole discretion. No transfers, prize substitutions or cash redemptions will be made, except at Sponsor's sole discretion. Sponsor reserves the right to substitute any stated prize or portion thereof with another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. No more than the stated prizes will be awarded. Recipients waive the right to assert, as a cost of winning any prize, any and all costs of verification and redemption or travel to claim the prize and any liability and publicity which might arise from claiming or seeking to claim said prize.
LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, EACH ENTRANT AND ANY PRIZE RECIPIENT AGREES TO RELEASE, HOLD HARMLESS, AND INDEMNIFY EACH OF THE RELEASED PARTIES FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR INJURIES OR DAMAGES OF ANY KIND SUSTAINED IN CONNECTION WITH THE ACCEPTANCE, USE, MISUSE, OR AWARDING OF THE PRIZE OR WHILE PREPARING FOR, PARTICIPATING IN, AND/OR TRAVELING TO OR FROM ANY PRIZE- OR CONTEST-RELATED ACTIVITY INCLUDING, WITHOUT LIMITATION, ANY INJURY, DAMAGE, LOSS, DEATH OR ACCIDENT TO/OF PERSON OR PROPERTY. THE LIMITATIONS SET FORTH IN THIS SECTION WILL NOT LIMIT OR EXCLUDE THE RELEASED PARTIES' LIABILITY FOR PERSONAL INJURY OR TANGIBLE PROPERTY DAMAGE CAUSED BY THE RELEASED PARTIES, OR FOR THE RELEASED PARTIES' GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL, WILLFUL, MALICIOUS, OR RECKLESS MISCONDUCT.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EACH PRIZE RECIPIENT AGREES THAT THE PRIZE IS PROVIDED AS-IS WITHOUT ANY WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, RELATIVE TO THE USE OR ENJOYMENT OF THE PRIZE, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS, OR LIABILITIES OF HIS/HER SHERO RELATED TO ANY CONTEST-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO SHERO'S USE OF THE PRIZE.
EACH ENTRANT AND ANY PRIZE RECIPIENT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES OR CANADA ARE HEREBY EXPRESSLY WAIVED BY HIM/HER. SECTION 1542 READS AS FOLLOWS:
“CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
ADDITIONAL DISCLAIMERS: Released Parties are not responsible and/or liable for any of the following, whether caused by a Released Party, the entrant, or by human error: entries that are submitted by illegitimate means (such as, without limitation, by an automated computer program) or entries in excess of any stated limit; any lost, late, incomplete, illegible, unintelligible, garbled, mutilated, or misdirected entries, email, Instagram direct message, mail, or Contest-related correspondence or materials or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; viruses or technical or mechanical malfunctions; interrupted or unavailable cable or satellite systems; errors, typos, or misprints in these Official Rules, in any Contest-related advertisements, or other materials; failures of electronic equipment, computer hardware, or software; lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications. The Released Parties are not responsible for electronic communications that are undeliverable or otherwise not received or noticed by any entrant or Shero as a result of any form of active or passive filtering of any kind (including, without limitation, Instagram direct messages that require entrant/Shero to actively accept the message in order to access it), or insufficient space in entrant's or Shero's email or voicemail inbox to receive email or voicemail messages. Released Parties are not responsible, and may disqualify you, if your (or your Shero's) email address, Instagram handle, or other contact information does not work or is changed without prior written notice to Sponsor. Without limiting any other provision in these Official Rules, Released Parties are not responsible or liable to any entrant or winner (or any person claiming through such entrant or winner) for failure to supply a prize or any part thereof in the event that any of the Contest activities or Released Parties' operations or activities are affected by any cause or event beyond the sole and reasonable control of the applicable Released Party (as determined by Sponsor in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.
GENERAL RULES: By entering the Contest or a(except where prohibited by law), each entrant grants (on behalf of herself/himself and his/her Shero) the Released Parties the irrevocable, sublicensable, absolute right and permission to use, publish, post or display his or her (and his/her Shero's) name, photograph, likeness, voice, prize information, biographical information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Released Parties' sole discretion) for advertising, trade, promotional publicity or any other purposes without further obligation or compensation of any kind to him or her (or his/her Shero), anywhere, in any medium now known or hereafter discovered or devised (including, without limitation, on the Internet), worldwide, without any limitation of time, and without notice, review, or approval and each entrant (on behalf of herself/himself and his/her Shero) releases all Released Parties from any and all liability related thereto. Nothing contained in these Official Rules obligates Sponsor to make use of any of the rights granted herein and entrant and entrant's Shero waive any right to inspect or approve any such use. (By accepting a prize in this contest, any prizewinning Shero affirms the above grant and waiver with regard to her/his own publicity rights.)
Sponsor's decisions will be final in all matters relating to this Contest, including interpretation of these Official Rules, determination of the winners, and awarding of the prizes. All participants, as a condition of entry, agree to be bound by these Official Rules and the decisions of Sponsor. Failure to comply with these Official Rules may result in disqualification from this Contest. Participants further agree to not damage or cause interruption of the Contest and/or prevent others from participating in the Contest. Sponsor reserves the right to restrict or void entries or participation from any Instagram account or other identifiable source if any suspicious entry and/or participation is detected. Sponsor reserves the right, in its sole discretion, to void entries of any entrants who Sponsor believes have attempted to tamper with or impair the administration, security, fairness, or proper play of this Contest. Sponsor's failure to or decision not to enforce any provision in these Official Rules will not constitute a waiver of that or any other provision. In the event there is an alleged or actual ambiguity, discrepancy, or inconsistency between disclosures or other statements contained in any Contest-related materials and/or these Official Rules (including any alleged discrepancy or inconsistency within these Official Rules), it will be resolved by Sponsor in its sole discretion. Entrants waive any right to claim ambiguity in the Contest structure or these Official Rules. If Sponsor determines, at any time and in its sole discretion, that a winner, potential winner or Shero is disqualified, ineligible, in violation of these Official Rules, or engaging in behavior that Sponsor deems obnoxious, inappropriate, threatening, illegal or that is intended to annoy, abuse, or harass any other person, Sponsor reserves the right to disqualify that winner, potential winner or Shero, even if the disqualified winner or potential winner or Shero may have been notified or displayed or announced anywhere. The Released Parties are not responsible and will have no liability for any purported Entry Comment or other content that is removed from Instagram for any reason at any time, including removal by Instagram of content that would otherwise qualify as an Entry Comment in response to such content being "flagged" or reported as inappropriate. The invalidity or unenforceability of any provision of these Official Rules will not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The Released Parties are not responsible for any changes to or unavailability of the Instagram platform that may interfere with the Contest (including any limitations, restrictions, or conditions placed upon Sponsor's ability to use the Instagram platform for the Contest as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor, in which case Sponsor, in its sole discretion, may terminate or modify the Contest. If the Contest is not capable of running as planned for any reason, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Contest and award the prizes from eligible, non-suspect entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsor. If any person 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, Sponsor may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. In the event of a dispute concerning the identity of a participant, the participant will be declared to be the registered account holder of the email address associated with the Instagram account used at the time of entry, but only if that person meets all other eligibility criteria, otherwise the entry may, in Sponsor's sole discretion, be disqualified and any potential prize won forfeited. A registered account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof of being the registered account holder. If a dispute cannot be resolved to Sponsor's satisfaction, in its sole discretion, the entry will be deemed ineligible. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST MAY VIOLATE CRIMINAL AND CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY PARTICIPANT MAKING SUCH ATTEMPT AND MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
GOVERNING LAW/DISPUTES/ARBITRATION: YOU AGREE THAT THESE OFFICIAL RULES AND YOUR PARTICIPATION IN THE CONTEST ARE GOVERNED BY THE LAWS OF THE STATE OF MINNESOTA, USA. BOTH YOU AND SPONSOR WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO BRING OR RESOLVE ANY DISPUTE AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION. NOTWITHSTANDING ANY PROVISION IN THE JAMS (DEFINED BELOW) RULES TO THE CONTRARY, THE ARBITRATOR SHALL NOT HAVE THE AUTHORITY OR ANY JURISDICTION TO HEAR THE ARBITRATION AS A CLASS, CONSOLIDATED, REPRESENTATIVE, COLLECTIVE, OR PRIVATE ATTORNEY GENERAL ACTION OR TO CONSOLIDATE, JOIN, OR OTHERWISE COMBINE THE CLAIMS OF DIFFERENT PERSONS INTO ONE PROCEEDING.
THE PARTIES EACH AGREE TO FINALLY SETTLE ALL DISPUTES ONLY THROUGH ARBITRATION; PROVIDED, HOWEVER, THE SPONSOR SHALL BE ENTITLED TO SEEK INJUNCTIVE OR EQUITABLE RELIEF IN THE STATE AND FEDERAL COURTS LOCATED IN OR HAVING JURISDICTION OVER SAINT LOUIS COUNTY, MINNESOTA, AND ANY OTHER COURT WITH JURISDICTION OVER THE PARTIES. IN ARBITRATION, THERE IS NO JUDGE OR JURY AND REVIEW IS LIMITED. THE ARBITRATOR'S DECISION AND AWARD IS FINAL AND BINDING, WITH LIMITED EXCEPTIONS, AND JUDGMENT ON THE AWARD MAY BE ENTERED IN ANY COURT WITH JURISDICTION. THE PARTIES AGREE THAT, EXCEPT AS SET FORTH ABOVE, ANY CLAIM, SUIT, ACTION OR PROCEEDING ARISING OUT OF OR RELATING TO THIS PROMOTION WILL BE RESOLVED SOLELY BY BINDING ARBITRATION BEFORE A SOLE ARBITRATOR UNDER THE STREAMLINED ARBITRATION RULES & PROCEDURES OF JAMS INC. ("JAMS") OR ANY SUCCESSOR TO JAMS. IN THE EVENT JAMS IS UNWILLING OR UNABLE TO SET A HEARING DATE WITHIN FOURTEEN (14) DAYS OF THE FILING OF A "DEMAND FOR ARBITRATION," THEN EITHER PARTY CAN ELECT TO HAVE THE ARBITRATION ADMINISTERED BY ANOTHER MUTUALLY AGREEABLE ARBITRATION ADMINISTRATION SERVICE WHO WILL HEAR THE CASE. IF AN IN-PERSON HEARING IS REQUIRED, THEN IT WILL TAKE PLACE IN DULUTH, MN, CHICAGO, IL, NEW YORK CITY, NY, LOS ANGELES, CA, ATLANTA, GA OR DALLAS, TX (WHICHEVER IS CLOSEST TO YOUR RESIDENCE) OR IN YOUR HOMETOWN IF REQUIRED BY APPLICABLE JAMS RULES. THE FEDERAL, STATE OR PROVINCIAL 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 OR CLASS ARBITRATIONS; PROVIDED, HOWEVER, IF FOR ANY REASON ANY COURT OR ARBITRATOR HOLDS THAT THIS RESTRICTION IS UNCONSCIONABLE OR UNENFORCEABLE, THEN THE AGREEMENT TO ARBITRATE DOES NOT APPLY AND THE DISPUTE MUST BE BROUGHT IN A COURT OF COMPETENT JURISDICTION IN SAINT LOUIS COUNTY, MINNESOTA. 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/SHERO TO ATTEND THE ARBITRATION HEARING). EITHER PARTY MAY, NOTWITHSTANDING THIS PROVISION, BRING QUALIFYING CLAIMS IN SMALL CLAIMS COURT. IN NO EVENT WILL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF OR TO ENJOIN OR RESTRAIN THE OPERATION OR EXPLOITATION OF THE CONTEST (PROVIDED THAT NOTHING HEREIN WILL RESTRAIN A CALIFORNIA RESIDENT'S RIGHT, IF ANY, TO SEEK PUBLIC INJUNCTIVE RELIEF AS PERMITTED BY LAW).
Further, in any such dispute, under no circumstances will you be permitted or entitled to obtain awards for, and hereby waive all rights to claim, incidental or consequential damages. The prior limitation on damages is not intended to limit the Released Parties' obligation (if any) to pay prevailing party costs or fees if recoverable pursuant to applicable law.
WINNERS LIST/OFFICIAL RULES: A copy of these Official Rules is available online during the Contest Period by visiting www.maurices.com/sweepstakes/rules. For information about who won, send an email to socialmedia@maurices.com with the subject line "#servicewithstyle Shero Contest Winners" Requests for winner information must be received no later than three (3) months after the end of the Contest Period.
SPONSOR: Maurices Incorporated, 425 West Superior Street, Duluth, MN 55802.
