NO PURCHASE OR PAYMENT OF ANY KIND NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. USE OF @ROSSDRESSFORLESS AND HASHTAG #ROSSSWEEPSTAKES CONSTITUTES ACCEPTANCE OF RULES. THESE RULES INCLUDE A GENERAL RELEASE, CLASS ACTION WAIVER, AND ARBITRATION PROVISIONS.
By participating in the #yesforless Sweepstakes (“Sweepstake”) and using @rossdressforless (“Business Mention”) and #RossSweepstakes (“Instagram hashtag”), entrants agree to be bound by these Official Rules and by the decisions of the Sponsor, which are final and binding on all matters. Posting on Instagram requires a mobile device and therefore message and data rates may apply. Check with your carrier for additional information.
1. ELIGIBILITY: The Sweepstake is open only to legal residents of Alabama, Arizona, Arkansas, California, Colorado, D.C., Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Jersey, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, South Carolina, South Dakota, Tennessee, Texas, Utah, Virginia, Washington, West Virginia, Wisconsin, Wyoming and Guam who are 18 years or older at time of entry, and have access to the Internet. Entrants who are 18 but have not yet reached the age of majority in the jurisdiction in which they reside, (“Minors”) must obtain parental or legal guardian consent to be eligible to enter Promotion. Ross Dress for Less (“ROSS” or “Sponsor”), Facebook Inc., Instagram, and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstake, and their respective agents, employees, officers, directors, successors and assigns are hereinafter referred to as “Sweepstake Entities”. Employees and agents of the Sweepstake Entities and their immediate families or household members are not eligible to win. Subject to all applicable federal, state, and local laws and regulations. Void where prohibited. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s and Administrator’s decisions, which are final and binding in all matters related to the Sweepstake. Winning a prize is contingent upon fulfilling all requirements set forth herein and complying with Sponsor’s and Administrator’s requests.
2. SPONSOR / ADMINISTRATOR: The “Sponsor” and “Administrator” is Ross Dress for Less, 5130 Hacienda Drive, Dublin, CA 94568.
3. TIMING: The Sweepstake entry submission period (“Entry Period”) is:
• Sweepstake Period Begins: February 16th, 2021 at 12:00 a.m. PT
• Sweepstake Period Ends: March 2, 2021 at 11:59 p.m. PT
Administrator’s computer is the official time-keeping device for the Sweepstake.
4. HOW TO ENTER: (i) Each entrant must submit a unique photograph on Instagram showcasing their #yesforless Ross finds by depicting one or more items of Ross Dress for Less apparel, home décor, fashion accessories or other merchandise found in the store (it is not necessary to purchase any item), and include in the post the Business Mention “@rossdressforless” and the Instagram Hashtag “#RossSweepstakes” (each a “Submission”), (ii) Eligible Submissions received by the end of the Entry Period will be entered into the drawing, (iii) Ten (10) potential “Sweepstake Winners” will be randomly selected from among all eligible entries received. Entrants are required to feature at least one (1) item of apparel, home décor, and/or fashion accessory from Ross Dress for Less and to identify in connection with the Submission the Ross Dress for Less item(s) depicted in the Submission, without mention of brand names. Such description will be considered part of the entrant’s Submission.
5. WINNER SELECTION AND NOTIFICATION: Following the conclusion of the Entry Period, the Administrator will randomly select the ten (10) potential Sweepstakes winners from all eligible entries received during that applicable entry period. The ten (10) provisional winners will be notified through a customized comment on their image. If, despite reasonable efforts, a potential prize winner does not respond within 48 hours of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner may forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner may be disqualified, and an alternate winner may be selected. Sponsor may successively attempt to contact up to two (2) potential prize winners in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded. Potential winners must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. Prizes will be fulfilled approximately 8-10 weeks after the end of the Entry Period, once winners are confirmed.
6. PRIZES: Ten (10) prizes of a $50 Ross Dress for Less Gift Card will be awarded (Approximate Retail Value (“ARV”) $50 each, total ARV $500). Odds of winning a prize depend on the number of eligible entries received. All prize details are determined in Sponsor's sole discretion, including sizes, styles and colors. Gift cards are subject to the terms and conditions printed thereon and imposed by issuer. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. Prizes are non-transferable, and no cash alternative or substitution will be made except as provided herein at the Sponsor’s sole 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 federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility. ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
7. INDEMNIFICATION: By participating in this Sweepstake, entrant agrees to defend, indemnify, and hold harmless the Sweepstake Entities from and against any all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out or relating to their breach of these Official Rules.
8. ARBITRATION: By participating in this Sweepstake, each entrant agrees: (i) that any and all disputes the entrant may have with, or claims entrant may have against, the Sweepstake Entities relating to, arising out of or connected in any way with (a) the Sweepstake, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act ("FAA"), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Alameda County, California; (iv) the arbitrator's decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Sweepstake; (v) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant's and/or Sponsor's individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant's behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant's filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at http://www.jamsadr.com.
9. CONSTRUCTION: All issues and questions concerning these Official Rules or the rights and obligations of any participant shall be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of law rules or provisions. All entrants expressly agree to the arbitration provision above, however if the entirety of the arbitration provision is found unenforceable or illegal, all entrants expressly agree to submit to the laws of and the jurisdiction of the federal and state courts in the State of California, hereby waiving the jurisdiction of any other courts that now or in the future could be considered competent for any reason. All actions, proceedings, or litigation relating to the Sweepstake shall take place in the State of California, County of Alameda. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. If any provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the invalid or unenforceable provision was not contained therein.
10. FURTHER DOCUMENTATION AND PUBLICITY: Potential winners may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents"). If any potential winner fails or refuses to sign and return all Prize Claim Documents within 48 hours of prize notification (or such shorter time as exigencies may require), the winner may be disqualified, and an alternate winner may be selected. As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation. Except where prohibited, participation in the Sweepstake constitutes winner’s consent to Sponsor’s and its agents’ use of winner’s sweepstake entry, name, likeness, prize, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, including but not limited to Sponsor’s website, Facebook, Instagram or email, worldwide, without further payment or consideration.
11. RELEASE: By receipt of any prize, winner agrees to release and hold harmless Sweepstake Entities from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Sweepstake or receipt or use or misuse of any prize.
12. WINNER(S) LIST: For a list of winners, within 30 days of the end of the Entry Period, send a self-addressed, stamped (#10) envelope to: Ross Dress for Less, Attn: Tamara Saban, 5130 Hacienda Drive, Dublin, CA 94568.
13. FORCE MAJEURE: Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstake if it determines, in its sole discretion, that the Sweepstake is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor's control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstake . In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Sweepstake by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor's control (each a "Force Majeure" event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Sweepstake. If the Sweepstake is terminated before the designated end date, Sponsor will (if possible) select the winner in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant's sole and exclusive remedy under such circumstances.
14. LIMITATIONS OF LIABILITY: The Sweepstake Entities are not responsible for: (i) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstake; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstake; (iv) technical or human error which may occur in the administration of the Sweepstake or the processing of entries; (v) late, lost, undeliverable, damaged or stolen mail; or (vi) 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 Sweepstake or receipt or use or misuse of the prize. 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 Sweepstake, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstake, or any part of it, for any reason, 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. 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.
15. NATURE OF RELATIONSHIP/WAIVER OF EQUITABLE RELIEF: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Sweepstake Entities is not a confidential, fiduciary, or other special relationship and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Sweepstake does not place the Sweepstake Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Sweepstake Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Sweepstake Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstake Entities do not now and shall 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 copyright in and to the Submission.
This Sweepstake is in no way sponsored, endorsed or administered by, or associated with, Instagram or Facebook. You understand that you are providing your information to Sponsor and not to Instagram or Facebook.