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WET SEAL SURVEY SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE AT LEAST 13 YEARS OF AGE AT THE TIME OF ENTRY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW OR REGULATIONS.
1. Sponsor. The sponsor of this Survey Sweepstakes (the “Sweepstakes”) is The Wet Seal, LLC, 7555 Irvine Center Drive, Irvine, CA 92618 (“Wet Seal”), whose decisions are final and binding as to all aspects of this Sweepstakes.
2. Binding Agreement. These Official Rules (“Rules”) constitute a legally binding agreement by and between Wet Seal and entrant, or entrant’s parent or legal guardian if entrant is between the ages of thirteen (13) and eighteen (18), and govern entry in the Sweepstakes (defined below). By participating, entrants fully and unconditionally agree to abide by these Rules. Failure to comply with these Rules will void a participant’s entry. Winning a prize is contingent upon fulfilling all requirements set forth herein. Entrants and/or potential winner may be required to provide proof of identification and eligibility as required by Wet Seal. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any other Sweepstakes or promotional materials and the terms and conditions of these Rules, these Rules shall prevail, govern and control.
3. Eligibility. The Sweepstakes is open to persons who are legal residents of, and physically located within, the 50 United States or the District of Columbia, and are at least thirteen (13) years of age at the time of entry. A participant’s entry into the Sweepstakes will be deemed to be a representation that the entrant is 18 years of age or older, or between the ages of 13 and 18 and entering this Sweepstakes with the permission of a parent or legal guardian who agrees to be bound by these Rules. If you are a parent or legal guardian agreeing to these Rules for the benefit of a minor between the ages of 13 and 18, you are fully responsible for his or her entry in the Sweepstakes including, without limitation, any legal liability that he or she may incur. The Sweepstakes is void in Puerto Rico, all other United States territories, outside the United States, and where prohibited or restricted by law. Wet Seal and its subsidiaries, affiliates, partners, employees, directors, agents, advertising and promotional agencies, and all others associated with the development and execution of this Sweepstakes, and their immediate family members (herein defined as spouse, siblings, children and each of their respective spouses, regardless of residence, and any person living in such a person’s household, whether related or not), are not eligible to enter or win. The Sweepstakes is subject to all federal, state, and local laws and regulations.
4. Entry Periods. The Sweepstakes begins at 12:00 a.m. Pacific Standard Time (“PST”) on August 2, 2016 and ends at 11:59 p.m. PST on December 31, 2016 (the “Sweepstakes Period”). Wet Seal’s computer will be the official time-keeping device. There are five (5) Entry Periods during the Sweepstakes Period (Aug. 2nd—31st, Sept.1st—30th, Oct. 1st-31st, Nov. 1st-30th and Dec. 1st-31st), with each Entry Period beginning at 12:00 a.m. PST on the first day of the Entry Period and ending at 11:59 p.m. PST on the last day of the Entry Period. Entries received after the end time for an Entry Period will be automatically entered into the subsequent month’s Entry Period.
5. How to Enter.
Enter online: During the Sweepstakes Period, access the survey entry page (“Entry Site”) by clicking on the “Survey Sweepstakes” link on www.wetseal.com or by typing the web address or “URL” listed on a printed store receipt received from a participating Wet Seal store into your web browser, or by clicking on the URL provided on an eReceipt. You will be asked to respond to questions regarding your most recent experience at the store, and to provide your name, mailing address, email address and telephone number. Online entries must be received by Wet Seal by 11:59 p.m. PST on the last day of each month to be entered into that month’s drawing.
Enter by mail: Print your name, mailing address, email address and telephone number on a plain 3”x5” piece of paper and mail to: Wet Seal Survey Sweepstakes, 7555 Irvine Center Drive, Irvine, CA 92618. Mail-in entries must be postmarked by the last day of each month and received by Wet Seal by the fifth day of the following month to be entered into that month’s drawing.
All entries become the sole and exclusive property of Wet Seal. Only fully completed entry forms are eligible. Any proof of submission does not constitute proof of receipt. Entries will not be acknowledged or returned.
A PARTICIPANT MAY ENTER THIS SWEEPSTAKES ONLY ONE (1) TIME PER MONTH REGARDLESS OF METHOD OF ENTRY. MULTIPLE ENTRIES WILL BE DISQUALIFIED.
Internet entry must be made by the participant only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other Internet website including, but not limited to, commercial sweepstakes subscription notification and/or entering services sites, will be declared invalid and disqualified from this Sweepstakes. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process will be void and may disqualify any entrant who uses such means to enter from participating. If it is discovered or suspected that an entrant attempted to enter or receive entries using multiple email accounts or identities, all of that entrant’s entries will be declared null and void and that entrant will be ineligible to win a prize.
Note that by entering this Sweepstakes, you are agreeing to receive U.S. marketing email communications from Wet Seal until you choose to unsubscribe. There is no cost or obligation associated with subscribing to the marketing email communications and you can opt-out of receiving marketing email communications from Wet Seal at any time by clicking the unsubscribe link in the email message.
Important notice regarding online entry from your mobile device: Depending on your wireless service provider/plan, you may be subject to additional fees when accessing and using mobile services from your device in connection with entering and participating in the Sweepstakes or communicating with Wet Seal or its representatives. Entrants using this means of entry are solely responsible for all charges, fees and taxes associated with entry and participation in this Sweepstakes. Entrants should consult their wireless service provider regarding its pricing plans prior to participating via a mobile device.
6. Random Drawing/Odds. Potential winners will be selected in a random drawing from all eligible entries received. Odds of winning depend on the number of eligible entries received. Drawing will be conducted by a Wet Seal representative on or about the first day of each month.
7. Prize. Each month one (1) winner will be awarded a Wet Seal gift card in the amount of fifty dollars ($50.00), which can be redeemed at a Wet Seal store or online at www.wetseal.com (the “Prize”). The total ARV (Approximate Retail Value) in U.S. dollars of all prizes awarded in this Sweepstakes is $250.00. The Prize will be awarded only if the potential winner fully complies with these Rules. No cash in lieu of the Prize will be awarded. No transfer, assignment, exchange, refund or substitution of the Prize permitted unless Wet Seal, in its sole discretion, determines otherwise. Gift cards are promotional in nature and are not paid for by the winner, nor does the winner own any right, title, or interest in them unless or until he or she redeems them under the terms set forth herein. The winner must protect the Prize and treat the gift card as he or she would treat any other valuable document. The Prize will not be replaced or replenished if it is lost, stolen, damaged, destroyed or used without the winner's permission. Wet Seal reserves the right to substitute an alternative prize, in whole or in part, of equal or greater monetary value if a prize becomes unavailable or cannot be awarded as described for any reason. Prizes pictured in advertising, marketing or promotional materials are for illustrative purposes only. All costs, including federal, state and local taxes, insurance, any costs/expenses related to participation in the Sweepstakes or acceptance or use of the Prize, and other expenses not specifically identified as included in the Prize, are the sole responsibility of the winner. At Wet Seal’s discretion, any unclaimed Prize may not be awarded. All Wet Seal gift card terms and conditions apply, and are incorporated herein by reference. WET SEAL MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND REGARDING THE PRIZE, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND THE WINNER SHALL TAKE THE PRIZE “AS IS” AND AT HIS OR HER OWN RISK.
8. Winner Notification and Requirements. Potential winners will be notified by email and may be required to sign and return, an Affidavit of Eligibility and Liability/Publicity Release within seven (7) business days of notification. If any winner does not respond within seven (7) business days from the date and time of email notification, the Prize will be awarded to an alternate winner, notified by email. It is an entrant's responsibility to keep his/her email address current, monitor it and ensure that any winner notification email from Wet Seal does not end up in a “junk” or “spam” folder. If any winner is considered a minor in his/her jurisdiction of residence, the Affidavit of Eligibility and Liability/Publicity Release must be signed by his/her parent or legal guardian.
YOU MUST SUPPLY AN ACCURATE, FUNCTIONING EMAIL ADDRESS, FOR WHICH YOU ARE THE AUTHORIZED ACCOUNT HOLDER, FOR YOUR ENTRY TO BE ELIGIBLE AND TO BE NOTIFIED. The authorized account holder is defined as the natural person to whom the email address is assigned by an Internet service 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. In the event of a dispute over the identity of the winner, entries will be deemed made by the authorized account holder of the email account submitted at the time of entry. The potential winner may be required to provide Wet Seal with proof that he or she is the authorized account holder of the email address associated with the winning entry and that all eligibility requirements are met. If a dispute cannot be resolved to Wet Seal’s satisfaction, the affected entry will be deemed ineligible. Entrant is responsible for notifying Wet Seal in writing if his or her email or other contact information has changed.
Acceptance of any prize shall constitute and signify the winner’s agreement and consent that Wet Seal may use the winner’s name, biographical information, city, state, photos and/or likeness, voice recording, video images and all related footage, and/or Prize information in connection with the Sweepstakes and for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered, worldwide, including but not limited to on television, radio, the Word Wide Web and Internet (including Wet Seal’s website and various social media platforms), without limitation and without further payment or consideration, except where prohibited by law.
9. Release and Limitations on Liability. By entering the Sweepstakes, each entrant agrees to forever and irrevocably release and hold harmless Wet Seal, and its affiliates, parent companies, subsidiaries, representatives, consultants, contractors, attorneys, suppliers, distributors, advertising/promotional agencies, public relations, fulfillment and marketing agencies, website providers and their respective officers, directors, stockholders, employees, agents, and representatives (collectively, the “Released Parties”) from any and all claims, lawsuits, judgments, causes of action, injuries, losses, proceedings, demands, fines, penalties, liabilities, costs and expenses (including, without limitation, reasonable outside attorneys’ fees and court costs) (collectively, “Claims”) related to this Sweepstakes or Prize, including without limitation, Claims that may arise in connection with: (i) incomplete, lost, late, stolen, damaged, misdirected or illegible entries or for failure to receive entries due to any cause including, but not limited to, human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, Released Parties or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) acceptance, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Prize (or any component thereof); (iii) any change in the Prize (or any components thereof) due to unavailability or due to reasons beyond Wet Seal’s control; (iv) any incorrect or inaccurate information, whether caused by entrant, printing or typographical errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (v) the violation of any third-party privacy, personal, publicity or proprietary rights; (vi) any interruptions in or postponement, cancellation or modification of the Sweepstakes or these Rules; (vii) any technical malfunctions or unavailability of any telephone network, computer system, online system, computer timing and/or dating mechanism, computer equipment, software or Internet service provider, or mail service utilized by any of the Released Parties or by an entrant; or (viii) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties. Released Parties assume no responsibility for any damage to an entrant’s computer system which is occasioned by accessing the websites of Released Parties or participating in the Sweepstakes, or for any computer system, phone line, mobile phone, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, error in entries or selection announcement, or the failure to capture any information. Released Parties will not be responsible or liable for any entries in excess of the stated limit or for entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Rules, and all such entries may, in Wet Seal’s sole and absolute discretion, be disqualified. Entrant further agrees that Released Parties are in no matter responsible for any warranty, representation, or guarantee, expressed or implied, in fact or in law, relating to the creation, administration or fulfillment of the Sweepstakes and/or the awarding of any prize. Released Parties will not be liable to winner or any other person for failure to supply any prize or any part thereof, by reason of fire, flood, epidemic, earthquake, unusually severe weather, hurricane, embargo, explosion, labor dispute or strike, labor or material shortage, transportation interruption of any kind, work slow-down, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, any federal, state, or local government law, order, request, or regulation, or order of any court or jurisdiction (each a “Force Majeure” event or occurrence), or any other cause beyond Released Parties’ control. Further, participants agree to waive the provisions of Civil Code Section 1542 which states: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. Additional Rules. Wet Seal reserves the right to: (i) permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Rules; and (ii) suspend, modify or terminate the Sweepstakes if Wet Seal believes, in its sole discretion, that fraud, virus, tampering, malfunction, error, disruption, damage or any other cause beyond the control of Wet Seal is impairing or will impair the administration, security, fairness, or integrity of the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned (including, without limitation, due to a Force Majeure event or any unanticipated occurrence that is not fully addressed in these Rules), Wet Seal reserves the right to cancel, modify, or suspend the Sweepstakes or any element thereof. If, for any reason, more prize notifications are sent (or more claims are received) than the number of prizes offered, as set forth in these Rules, Wet Seal reserves the right to award the intended number of prizes through a random drawing from among all eligible prize claims received. Wet Seal may prohibit an entrant from participating, winning, or accepting a prize (and void all associated entries) if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes and associated prize by cheating, deception or other unfair practices or intending to annoy, abuse, threaten or harass any other participants or Wet Seal’s representatives.
Wet Seal’s failure to enforce any term of these Rules shall not constitute a waiver of that provision.
CAUTION: ANY ATTEMPT BY A PARTICIPANT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, WET SEAL RESERVES THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Disputes. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of the entrant and Wet Seal in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California without giving effect to any choice of law or conflict of law rules, which could cause the application of the laws of any jurisdiction other than California. Entrants hereby agree that any and all disputes, claims, causes of action at law or in equity, or controversies arising out of or relating to this Sweepstakes, if not otherwise resolved through direct discussions, shall be resolved exclusively by binding arbitration before a single arbitrator pursuant to this provision and the procedures of JAMS, Inc. at its offices located in Orange County, California. The arbitrator’s authority to resolve Claims is limited to Claims between Wet Seal and entrant alone. Furthermore, claims brought by either party against the other may not be joined or consolidated in arbitration with Claims brought by or against any third party, unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. NEITHER PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT. FURTHER, NEITHER PARTY WILL HAVE THE RIGHT TO PARTICIPATE IN A REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC OR OTHER PERSONS SIMILARLY SITUATED, OR AS A MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO ANY CLAIM SUBJECT TO ARBITRATION. THE ARBITRATOR’S DECISION WILL BE FINAL AND BINDING. NEITHER PARTY SHALL BE PERMITTED TO OBTAIN AWARDS FOR, AND EACH PARTY HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND WAIVES ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ANY DEMAND FOR ARBITRATION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION OCCURRED, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
13. Winners List. For the Winners List, send a stamped, self-addressed envelope to: Wet Seal Survey Sweepstakes – Winners List Request, 7555 Irvine Center Drive, Irvine, CA 92618. Winners List requests will only be accepted after the Sweepstakes Period end date (listed above) and no later than February 28, 2017. During the Sweepstakes Period, you may ask a Wet Seal sales associate or visit www.wetseal.com for a copy of these Rules.
14. Severability. If any portion of these Rules should be held invalid or unenforceable for any reason, such portion shall be deemed modified or severed from this agreement in such a manner as to enable the remaining portions of these Rules to remain in full force and effect as if no invalid or unenforceable provision had been part of this agreement.