Contest Rules
FRANCESCA’S® MEMBER APPRECIATION GIVEAWAY
OFFICIAL RULES
TERMS & CONDITIONS
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES, EXCLUDING RHODE ISLAND, WHO ARE 18 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED BY LAW.
1. How to Enter: Beginning on October 25, 2023 at 2 a.m. CDT until October 29, 2023 at 11:59 p.m. CDT (the "Promotion Period"), you may enter the Francesca’s ® Member Appreciation Giveaway (the "Promotion") by visiting the website at https://francescas.com/?utm_campaign=member_appreciation_sweeps (the "Website") or in-store at checkout by scanning a QR Code. By entering the Promotion, you agree to the terms and conditions in these Official Rules. Sponsored by Francesca’s Collections, Inc. (“Sponsor”), as further set forth below. Sponsor’s clock shall be the official clock of the Promotion. NO PURCHASE NECESSARY TO ENTER OR WIN, AND A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING.
Limit of one (1) entry per eligible person per day during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders.
2. Eligibility: This Promotion is open only to legal residents of the United States, excluding the State of Rhode Island, who are 18 years of age or older at time of entry. This Promotion excludes employees of Sponsor (and its parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies) and members of their households and immediate families (spouses, parents, siblings, children, and each of their respective spouses) This Promotion is void in Puerto Rico, all US territories and possessions, and where otherwise prohibited by law in the United States.
3. Privacy: By entering the Promotion at the Website, you agree to receive promotional e-mails, e-mail reminders, and text messages for upcoming promotions from Sponsor. You can opt-out of receiving these communications at any time by clicking the unsubscribe link in any such email or text message. Such e-mails and messages shall be subject to Sponsor’s privacy policy (the "Privacy Policy"), which is available at https://francescas.com/privacy-security/. Any information you submit as part of the Promotion will be treated in accordance with the Privacy Policy, and your participation in the Promotion indicates your agreement to the Privacy Policy. If you do not agree to the Privacy Policy, please do not enter the Promotion. Except where prohibited, participation in the Promotion constitutes your consent to Sponsor's use of your name, likeness, entry, and state of residence for promotional purposes in any media without further payment or consideration.
4. Limitations of Liability: Sponsor and its respective affiliates, subsidiaries, parent companies, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omissions, interruptions, deletions, or defects of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person's computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify, and hold harmless Sponsor and its respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors, and shareholders, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages, or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer's terms. Except where prohibited by law, the winners’ entry and acceptance of the prize constitutes permission for Sponsor to use said winners’ names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California ("Section 1542") and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: "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.
5. How Winners will be Determined: Each potential winner (the "Winner") will be selected in a random drawing on each day from October 25, 2023 through October 29, 2023 from among all eligible entries submitted on that specific day. Five (5) Winners will be selected on each day of the Promotion Period from among all eligible entries submitted on that specific day, for a total of twenty-five (25) Winners throughout the entire Promotion Period. Decisions with respect to each Winner and other matters pertaining to the Promotion shall be final. Each Winner will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within seven (7) days of issuance of prize notification. If prize notification e-mail or prize is returned as undeliverable, if the Winner fails to complete and return all requested forms by the specified date, or if the Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective winner shall be selected. The odds of winning depend upon the number of eligible entries received on each day during the Promotion Period. PURCHASE WILL NOT INCREASE CHANCES OF WINNING.
6. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY'S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. Prize: All eligible entries collected during the Promotion Period are eligible to receive:
· Five winners each day will each receive one (1) $20 Francesca’s Gift Card. Individual prize value is $20.00.
· Winners will be announced by November 5, 2023 via the email address or phone number provided upon entry.
The specifics of all aforementioned elements of the Prize in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of the Prize not specifically addressed above are the sole responsibility of the Winner. All federal, state and local taxes on the Prize are the Winner's responsibility. Winner will be issued a 1099 tax form for the actual value of the Prize. Prize shall not be awarded until all such forms are properly executed and returned.
Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor's sole discretion. Sponsor reserves the right to substitute the Prize, or portions thereof, with a prize of equal or greater value. Any valuation of the Prize(s) stated above is based on available information provided to Sponsor and the value of any Prize awarded to a winner may be reported for tax purposes and as required by law.
8. AGREEMENT TO OFFICIAL RULES AND RELEASE: AS A CONDITION OF ENTERING, YOU AGREE (AND AGREE TO CONFIRM IN WRITING): (A) TO BE BOUND BY THE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES; (B) TO RELEASE SPONSOR, ITS AFFILIATES, PARENT COMPANIES, SUBSIDIARIES, RETAILERS, SALES REPRESENTATIVES, DISTRIBUTORS, AND THEIR ADVERTISING AND PROMOTIONAL AGENCIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITY, LOSS, OR DAMAGE INCURRED WITH RESPECT TO THE AWARDING, RECEIPT, POSSESSION, TAXES, AND/OR USE OR MISUSE OF ANY PRIZE, INCLUDING WITHOUT LIMITATION, LOSS, DAMAGE, SYSTEM DAMAGE, LOSS OF PROPERTY OR DATA, ACCIDENTS, INJURIES, OR DEATH; (C) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES; (D) ALL CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKE, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (E) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARD SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, EXCLUDING ATTORNEYS' FEES AND COURT COSTS. WINNERS WILL BE REQUIRED TO SIGN AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND A LIABILITY/PUBLICITY RELEASE WITHIN 14 DAYS OF NOTIFICATION OR PRIZE WILL BE FORFEITED. WINNERS FURTHER AGREE TO HOLD HARMLESS SPONSOR, ITS AFFILIATES, PARENT COMPANIES, AND SUBSIDIARIES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND ASSIGNS AGAINST ANY AND ALL CLAIMS AND LIABILITY ARISING OUT OF WINNERS’ USE OF PRIZE.
9. Governing Law. By entering, entrants, and by accepting a Prize, Winners, agree that all issues and questions concerning the construction, validity, interpretation, and enforceability of the Promotion, these Official Rules, entrant’s rights and obligations, or the rights and obligations of Sponsor in connection with the Promotion shall be governed by, and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules, which would cause the application of the laws of any jurisdiction other than the State of Texas, irrespective of the fact that any one of the parties is now or may become a resident of a different state. By participating in this Promotion, entrants, and by accepting a Prize, Winners, consent to the jurisdiction and venue of the federal, state, and local courts located in Harris County, Texas, and hereby waive any objection to such jurisdiction and venue. Any claim or cause of action arising out of or related to this Promotion or these Official Rules must be filed within one (1) year after such claim or cause of action arose regardless of any law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
10. Severability. If any provision of these Official Rules shall be held invalid, illegal, or unenforceable, such provision shall be enforced to the maximum extent permitted by law and Sponsor’s fundamental intentions hereunder, and the remaining provisions shall not be affected or impaired, provided, however, that in such cases the parties oblige themselves to use their best efforts to achieve the purpose of the invalid provision by a new legally valid stipulation.
11. Winner List: To obtain a copy of the winners’ names; send a self-addressed stamped envelope by 11/25/23 to: Francesca’s Collections, Inc., ATTN: MARKETING DEPT 8760 Clay Rd #100, Houston, TX 77080
10. Sponsor: This promotion is sponsored by Francesca’s Collections, Inc., 8760 Clay Road, Houston, TX 77080 United States.
The Promotion and all accompanying materials are © 2023 Francesca’s Collections, Inc. FRANCESCA’S® and FRANCESCA’S COLLECTIONS® are registered trademarks of Francesca’s IP Company, Inc.