Fashion Nova Sweepstakes Official Rules

SPONSORSHIP AND ELIGIBILITY

  1. The Fashion Nova Sweepstakes is sponsored by Fashion Nova, 2801 E. 46th Street, Vernon, CA 90058. Fashion Nova will be entitled to interpret these Official Rules – including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility – and all of Fashion Nova’s decisions are final. By entering, entrants agree to these Official Rules.
  2. There is no purchase necessary to enter or win.
  3. This sweepstakes is open to legal U.S. residents of the United States who are eighteen (18) years or older at the time of entry; however, the sweepstakes is void where otherwise prohibited or restricted by law. Employees of Fashion Nova, its affiliates, licensees, franchisees, advertising and promotional agencies, and the immediate family members of each are not eligible.

QUALIFICATION PERIOD

  1. The qualification period for the prize drawing of the sweepstakes begins at 12:01 AM (PST) on May 30, 2017 and ends at 11:59 PM (PST) on June 12, 2017.

ENTRY PROCEDURES

  1. To enter the sweepstakes, you must follow Fashion Nova and Fashion Nova Curve on Instagram (@fashionova and @fashionnovacurve) and Nathalie Paris (@nathalieparis), comment on Nathalie’s video with what makes you happy. Entries must include a valid Instagram account for the entrant.  If there is a dispute as to the identity or eligibility of a winner based on the account, the entry will be deemed made by the Authorized Account Holder of the Instagram account.  The Authorized Account Holder is the natural person who is assigned the Instagram account by Instagram. 
  1. THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED, OR ADMINISTERED BY, OR ASSOCIATED WITH, INSTAGRAM.   You must not inaccurately tag content or encourage users to inaccurately age content.   By entering, entrants release Instagram of responsibility and agree to Instagram’s terms of use. 
  1. All entries must be received by the close of the qualification period. Proof a “follow”, “comment” or “like” by screen shot will not be accepted as proof of entry.

DUTIES OF PARTICIPANTS

  1. By entering, participants agree to be bound by these rules and the decisions of Fashion Nova which shall be final. All federal, state, and local laws apply.

VIOLATION OF SWEEPSTAKES RULES

  1. Fashion Nova reserves the right to disqualify any participant or winner who, in its sole suspicion, tampers with the entry process, violates these rules or the Site Terms and Conditions, or acts in an unsportsmanlike or disruptive manner.

SELECTION OF WINNERS; CHANCES OF WINNING

  1. On June 13, 2017 or within a reasonable time thereafter, Nathalie Paris will randomly choose one name from all eligible entries. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner.  Odds of winning depend on the total number of entries received.

DESCRIPTION OF PRIZE

  1. The sweepstakes will be for the following prize: Round trip airfare, exclusive of Government imposed travel taxes and fees,  (unless the winner is local- defined as an individual residing within 500 miles of Los Angeles, CA, in which case airfare will not be provided or part of the prize.  All other aspects of the prize will apply to a winner should he or she be local) and one night hotel stay in Los Angeles, CA at the Ace Hotel, subject to standard room availability, a meet and greet with fashion influencer Nathalie Paris, a tour of Fashion Nova’s headquarters, and a $300 shopping spree at Fashion Nova.   The prize must be used by the winner within one year of the date the winner is notified that he or she won.  Should the prize not be used by the winner within the one year time period, the prize shall be forfeited and there will be no winner.    Approximate Retail Value of the Prize (“ARV”): $600, exclusive of airfare.    If actual value is less than stated ARV, difference in prize value will not be awarded.   The winner will arrange for his/her own round trip economy class airfare to and from Los Angeles and will be reimbursed by Fashion Nova subject to the preceding terms and conditions.

NOTIFICATION OF WINNERS; SUBSTITUTION OF PRIZES

  1. The winner will be notified by direct message and by electronic mail. Fashion Nova will attempt to re-send said notification up to two times. If any winner does not respond to the notification within three days of its transmission, or should the notification be returned as undeliverable after two attempts, or the winner declines to accept the prize, or the winner fails to satisfy any eligibility or verification requirement, or is otherwise deemed ineligible, the prize will be forfeited and an alternate will be selected at random. Winners may not substitute or transfer the prize.
  1. Fashion Nova reserves the right to substitute a different influencer for Nathalie Paris if Ms. Paris is unavailable. Prize is not redeemable for cash.  Any portion of the prize not used by winner is forfeited and no cash substitute will be offered or permitted.  There will be one winner and one prize.
  1. The prize must be used by the winner within one year of the date the winner is notified that he or she won. Should the prize not be used by the winner within the one year time period, the prize shall be forfeited and there will be no winner.   
  1. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local income, sales and use taxes (if any) or any other taxes, fees, surcharges, gratuities, tips, transportation, parking, souvenirs, concessions, upgrades, personal items, and incidentals.  Winner will be issued an IRS 1099 MISC tax form for the ARV of the prize awarded if required.  Winner may also be required to provide a valid social security number for tax purposes. 

LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES

  1. Fashion Nova and the employees, officers, directors, shareholders, agents, and representatives of Fashion Nova, affiliates, subsidiaries, and advertising, promotion and legal advisors are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, or unintelligible entries; (ii) telephone, electronic, hardware, or software program, network, Internet, or computer malfunctions, failures, or difficulties; (iii) errors in transmission; (iv) any condition caused by events beyond the control of Fashion Nova that may cause the sweepstakes to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind caused by a prize or resulting from acceptance, possession, or use of a prize, or from participation in the sweepstakes; or (vi) any printing or typographical errors in any materials associated with the sweepstakes.
  1. The information provided in connection with this sweepstakes will be used by Fashion Nova in accordance with its privacy policy, which is found at https://www.fashionnova.com/pages/privacy-policy .
  1. Participants agree that Fashion Nova and the employees, officers, directors, shareholders, agents, and representatives of Fashion Nova, affiliates, subsidiaries, and advertising, sweepstakes and legal advisors are not responsible for and shall not be liable for (collectively, “Released Parties”):

(a)      are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by Fashion Nova by the deadline stated above;

(b)      are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the sweepstakes or in the printing of this offer, administration of this sweepstakes, or in the announcement of the prize;

(c)      are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this sweepstakes or downloading of any software or materials;

(d)      are not responsible for unauthorized human intervention in any part of the sweepstakes;

(e)      are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the sweepstakes, the acceptance of entries, the selection of winner, the prize or otherwise in any sweepstakes-related materials;

(f)      are not responsible for any unauthorized third party use of any entry;

(g)      are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and

(h)      are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the sweepstakes (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the sweepstakes, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize or any part thereof, including without limitation any injury, loss, and/or damage that result from attendance at the prize event.

  1. RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES WILL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES WILL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE SWEEPSTAKES OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, PRIZE AWARD OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE SWEEPSTAKES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SWEEPSTAKES. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO PARTIPANT’S PARTICIPATION IN, OR INABILITY TO PARTICIPATE IN, THE SWEEPSTAKES, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
  1. BY ENTERING THE SWEEPSTAKES AND/OR ACCEPTING A PRIZE, PARTICIPANT AGREES THAT THE RELEASED PARTIES WILL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY THE PARTICIPANT AGAINST ANY LIABILITY FOR ANY DAMAGE, INJURY, OR LOSS TO ANY PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO THE ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF THE PRIZE OR ANY PART THEREOF, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY OR TRAVEL, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE SWEEPSTAKES, OR ANY OTHER CLAIM OR CAUSE OF ACTION THE PARTICIPANT MAY HAVE AGAINST A RELEASED PARTY.
  1. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO SOME PARTICIPANTS, IN WHOLE OR IN PART.
  1. By entering, entrants release Instagram of responsibility and agree to Instagram’s terms of use.

TRADEMARKS

  1. All third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the sweepstakes is solely for descriptive purposes and will in no way imply an endorsement or sponsorship of the sweepstakes or grant to any third party the right to use any such trademarks for any purpose without the prior written consent of the trademark owners.

PERMISSIONS

  1. Except where prohibited by law, entry constitutes permission to use the winner’s names, hometowns and likenesses for online posting, and/or any advertising and publicity without additional compensation. The winner may also be required to sign and return a release of liability, declaration of eligibility and, where lawful, a publicity consent agreement, as conditions of receiving the prize. Failure to comply with the aforementioned conditions shall be grounds for forfeiture of a prize.

MISCELLANEOUS

  1. Fashion Nova reserves the right to cancel, suspend, or terminate this sweepstakes or any part thereof if Fashion Nova determines, in its sole discretion, that the security, administration, fairness and/or operation of the sweepstakes has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond Fashion Nova’s control.
  1. Fashion Nova reserves the right to disqualify any individual from further participation in the sweepstakes if Fashion Nova concludes, in its sole discretion, that such person: (a) has attempted to tamper with the entry process or other operation of the sweepstakes, (b) has disregarded or has attempted to circumvent these Official Rules, (c) has committed fraud or attempted to undermine the legitimate operation of the sweepstakes; or (d) has acted toward any participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Any failure by Fashion Nova to enforce any of these Official Rules will not constitute a waiver of such Official Rules.
  1. All activity arising out of and relating to the sweepstakes, including any reference to a participant’s status as a “winner,” is subject to verification and/or auditing for compliance with the Official Rules, and by participating in the sweepstakes, participants agree to cooperate with Fashion Nova concerning such verification and/or auditing. If Fashion Nova determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, Fashion Nova reserves the right to disqualify such entry and/or entrant from the sweepstakes and any prize at any time. If a dispute arises regarding compliance with these Official Rules, Fashion Nova may consider, in its sole discretion, data reasonably available to Fashion Nova through information technology systems in Fashion Nova’s control, but Fashion Nova shall not be obligated to consider any data or other information collected from any other source.
  1. Fashion Nova reserves the right to correct typographical, printing or clerical errors in any sweepstakes-related materials. No more than the stated number of prizes will be awarded.

DISPUTES

  1. By entering the sweepstakes, participants agree that:

(a)      any and all disputes, claims, and causes of action arising out of or connected with the sweepstakes, or any prizes awarded, must be resolved individually, without resort to any form of class action;

(b)      any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes, but in no event attorneys’ fees;

(c)      any and all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s right and obligations, or the rights and obligations of Fashion Nova will be governed by, and construed in accordance, with the law of the State of California, without giving effect any choice of law or conflict of law rules; and

(c)      under no circumstances will any participant be permitted to obtain any award for, and participant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to some participants.

  1. If there is any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other sweepstakes-related materials, including but not limited to the sweepstakes entry forms, or the point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules will prevail, govern and control.

INQUIRIES OR QUESTIONS

  1. Any inquiries or questions regarding this sweepstakes, including any request for the name of the winner, may be sent by regular mail to Fashion Nova at 2801 E. 46th Street, Vernon, CA 90058. Any inquiries or questions regarding this context must be received by no later than June 30, 2017.