OFF BROADWAY SHOE WAREHOUSE ART OF STYLE
PROMOTION OFFICIAL RULES
1. Entry: The Off Broadway Shoe Warehouse “Art of Style” Promotion (“Promotion”) starts on March 17, 2015 at 09:00:00 am EDT and ends on April 13, 2015 at 05:00:00 pm EDT (the “Promotion Period”). To enter the Promotion, you must like and comment on the Off Broadway Shoe Warehouse Instagram post that you like best – each week of the Promotion Period, we will feature a shoe and style it three different ways. You must follow have an Instagram account and follow @obshoes on Instagram to enter. Enter by liking and commenting on the style that you like best that week (each “Promotion Week” will run from Wednesday thru Monday). A new posting featuring a new shoe will be posted on Wednesday of each week (Wednesday, March 18, 2015, Wednesday, March 25, 2015, Wednesday, April 1, 2015 and Wednesday, April 8, 2015). The Thursday and Friday of each week will feature the same shoe for that week styled in a different way. Entrants are solely responsible for complying with the terms and conditions applicable to their use of Instagram. This Promotion is in no way sponsored, endorsed or administered by, or associated with Instagram. You are providing your information to Sponsor and not to Instagram. The information you provide will only be used by Sponsor in accordance with its Privacy Policy (offbroadwayshoes.com). Sponsor's computer is the official time-keeping device for this Promotion. No automatic, programmed, robotic, script, macro or similar means of entry are permitted. Creating or using multiple Instagram accounts in order to exceed the limits on entries is not allowed. Potential winner may be required to provide proof to Sponsor that he or she is the subscriber of the Instagram account from which entry was made. In case of a dispute over the identity of an entrant, the person who is assigned to the Instagram account used to enter the Promotion will be the entrant. A copy of these Official Rules can be requested at: Off Broadway Shoe Warehouse, 8520 Cliff Cameron Drive, Suite 300, Charlotte, North Carolina 28269.
2. Eligibility: No purchase necessary. Open only to persons who are 13 or older at the time of entry and who are legal residents of the 50 United States and Washington, D.C. at time of entry. Employees, shareholders, officers and agents of Sponsor, its affiliates, and advertising agencies, and their immediate family members and persons residing in the same household of such employees are not eligible to enter or win this Promotion. You may enter up to three (3) times per week (for example, you can like and comment on each of the three styles for each week during the Promotion Week.
3. Selection of Winner: On or about the Monday of each week of the Promotion Period, three winners will be selected at random from all eligible entries submitted on Instagram. The winners will be announced on Instagram . Odds of winning depend on the number of eligible entries received on Instagram during the Promotion Period. . The Sponsor’s selection will be final. Sponsor will notify the potential winners via direct message on the social platform used to enter the Promotion requesting the potential winner to submit his/her mailing address in an email to [email protected]. If the potential winner notification is returned as undeliverable, or if potential winner does not claim the prize within 7 days of the date of notification, the potential winner will be deemed to have forfeited the prize and Sponsor may select an alternative winner at random, subject to eligibility verification.
4. Prize: The prize is a $100.00 Off Broadway Shoe Warehouse Gift Card and the pair of shoes that were featured in that week’s posting. Three (3) winners will be selected each week of the Promotion. A total of 12 prizes will be awarded during the course of the Promotion. The total Approximate Retail Value of all prizes is $2,500.00. The gift card is not redeemable for cash except as required by law. All taxes and other expenses, costs or fees associated with acceptance of and/or use of the prize are the sole responsibility of the winner. Prizes are not transferable. Unclaimed prizes may not be awarded. Lost or stolen prizes will not be replaced. Prize substitution is not permitted except at Sponsor’s sole discretion, and then only for a prize of equal or greater value. Gift card terms and conditions, including expiration date, if any, may apply.
5. Releases: By participating in the Promotion, each entrant and winner (and his/her parent(s)/legal guardian(s) if entrant/winner is a minor in his/her state of residence) agrees to release, discharge and hold harmless Instagram, Off Broadway Shoe Warehouse, and each of their respective affiliates, agents, employees, or representatives from any and all damages, whether direct or indirect, which may be due to or arise out of participation in the Promotion or any portion thereof, or the acceptance, use/misuse or possession of any prize (or activity related thereto). As a condition of entering the Promotion, each entrant and winner agrees that: (1) under no circumstances will entrant be permitted to obtain awards for punitive, incidental, consequential, indirect or special damages, and any claims, judgments or awards shall be limited to actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Promotion, or any prizes awarded in this Promotion (or activity related thereto), shall be resolved individually, without resort to any form of class action; and (3) in no event will any entrant and/or winner be entitled to receive attorneys’ fees. By entering, entrants agree that Sponsor and/or Instagram are not responsible, and shall have no liability, for: (a) late, delayed, misdirected, garbled, or incomplete entries, prize claims or notifications, or entries that do not otherwise comply with, or violate, the Official Rules; (b) any printing, typographical, mechanical or other error in the printing, advertising or administration of this Promotion or in the announcement of prize winner; (c) any human error, technical malfunctions, or lost/delayed data transmission, or any omission, interruption, deletion, defect, or line failures of any telephone network, computer equipment, or software; (d) inability to follow Sponsor as set forth herein; or (e) any other error or malfunction, or causes beyond Sponsor’s reasonable control that jeopardizes the administration, security, fairness, integrity or proper conduct of this Promotion. Acceptance of prize constitutes winner’s permission for Sponsor and its agencies to use winner’s name, address (city and state only), and biographical information for advertising and promotional purposes in any media now existing or hereinafter devised, without additional compensation, notice, review, or approval, unless prohibited by law. (Tennessee residents need not consent to, or sign any, publicity release). Sponsor reserves the right to: disqualify any person it finds, in its sole discretion, is ineligible, has violated these Official Rules, tampered with or encouraged anyone to tamper with the entry process, the operation of this Promotion or Sponsor’s Instagram account, or any other aspect of this Promotion. Sponsor may modify, suspend or terminate this Promotion in the event any of Sponsor’s Instagram accounts becomes infected by a computer virus or is otherwise technically impaired. Sponsor may cancel or suspend this Promotion in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes beyond Sponsor’s control corrupt the administration, security, fairness, integrity or proper play of this Promotion.
6. General: See Sponsor’s Privacy Policy available at offbroadwayshoes.com for information about how Sponsor uses and stores entrants’ information. This Promotion is void where prohibited or restricted by law and is subject to applicable federal, state and local laws and regulations. Sponsor and Instagram are not responsible for lost, expired or damaged prizes. By participating in this Promotion, each entrant and winner (and his/her parent(s)/legal guardian(s) if entrant/winner is a minor in his/her state of residence): 1) agrees to be bound by these Official Rules: 2) agrees that the decisions of the Sponsor are final and binding; and 3) warrants that s/he is eligible to participate in this Promotion. In the event Sponsor cancels or suspends the Promotion for technical reasons, Sponsor shall award the prize in a random drawing from all eligible entries received prior to the date of cancellation or suspension.
7. Governing Law: Venue: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND OF THE STATE OF NORTH CAROLINA. Each entrant and winner (and his/her parent(s)/legal guardian(s) if entrant/winner is a minor in his/her state of residence) agrees that any unsettled disputes shall be individually resolved, without any form of class action, exclusively before a court located in Mecklenburg County, North Carolina. EACH PARTICIPANT AND WINNER (AND HIS/HER PARENT(S)/LEGAL GUARDIAN(S) IF ENTRANTS/WINNERS ARE MINORS IN HIS/HER STATE OF RESIDENCE) EXPRESSLY AND IRREVOCABLY CONSENTS TO PERSONAL JURISDICTION IN THE STATE OR FEDERAL COURTS SITTING IN MECKLENBURG COUNTY NORTH CAROLINA. Entrants and/or winners shall not be permitted to obtain awards for punitive, incidental, indirect, special or consequential damages, including attorney’s fees, beyond entrants’/winners’ actual expenses associated with entering this Promotion, and entrants and/or winners waive all rights to have damages multiplied or increased.
8. Questions and Winners’ List: Any questions, comments or complaints regarding the Promotion should be directed to Sponsor. For the winners’ list, send a self-addressed, stamped envelope postmarked by October 15, 2015 to: Off Broadway Shoe Warehouse, The Off Broadway Shoe Warehouse “Art of Style” , Attn: Marketing, 8520 Cliff Cameron Drive, Suite 300, Charlotte, North Carolina 28262, or visit offbroadwayshoes.com.
9. Sponsor. Off Broadway Shoe Warehouse, 8520 Cliff Cameron Drive, Suite 300, Charlotte, North Carolina 28269.
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