GUESS? Hot Summer Sweepstakes Official Rules NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT. 1. Eligibility: The GUESS? Hot Summer Sweepstakes (the Promotion ) is open only to individuals who are legal residents of the 50 United States or the District of Columbia who are 18 years or older (19 years or older in AL and NE and 21 in MS) and Canada (excluding Quebec) and located in the U.S. and Canada at the time of entry. Chirpify, Inc. ( Sponsor ), Guess?, Inc., and their respective parents, subsidiaries and affiliated companies, retailers, sales representatives, dealers, distributors, licensees and the advertising, fulfillment, judging and promotion agencies involved in the development and administration of this Promotion and each of their respective officers, directors, employees and agents (collectively, Promotion Parties ), and their immediate family members and persons living in the same households of each (whether related or not) are not eligible. Void elsewhere and where prohibited by law. 2. Promotion Period: The Promotion begins at 12:00 a.m. Pacific Time ( PT ) on June 26, 2014 and ends at 11:59 p.m. PT on July 23, 2014 (the Promotion Period ). 3. How to Enter: During the Promotion Period, go to http://guess.chirpify.com/hotsummer/posttowin ( Website ) and click on the link to locate the official entry form. Follow the on-screen directions, complete all required registration fields and submit to receive an entry in the Promotion drawing ( Online Entry ). Entrants must complete all required information. LIMIT ONE (1) ONLINE ENTRY PER PERSON/EMAIL ADDRESS DURING THE PROMOTION PERIOD REGARDLESS OF ENTRY METHOD. A participant can receive the URL, link or information to the Website via one of three ways or visit Website via the above URL): a. Instagram: To participate and enter this Promotion via Instagram, individuals will need a mobile device (e.g., mobile phone or tablet) that can access the Internet and uses either the Apple or Android platform. Additionally, individuals will need to download the Instagram application from their mobile device s app store and sign-up for an Instagram account ( Instagram Account ) if you do not already have an Instagram Account. Creating an Instagram Account is free. By submitting your information and creating an Instagram Account, entrants will be required to agree to the Instagram terms of service and privacy policy. To receive the entry URL, during the Promotion Period, share a picture of your favorite Guess product from your Instagram Account and include the actiontags #PostToWin #HotSummer to get a reply with a link to enter the Promotion. Next, click on the link in the reply and enter through the Online Entry form as described above during the Promotion Period. Private Instagram Accounts may not be able to participate in the Promotion in this manner and need to go directly to the Website. Individuals are not required to purchase the Guess product and may visit a Guess store and take a picture of the product without purchasing it. b. Twitter: To participate and enter this Promotion via Twitter, individuals will need a Twitter account ( Twitter Account ). If you do not already have a Twitter Account, visit www.twitter.com to create a Twitter Account; creating a Twitter Account is free. By submitting your information and creating a Twitter Account, you will be required to agree to the Twitter terms of service, privacy notice and/or other applicable Twitter rules. To receive the entry URL, during the Promotion Period, tweet actiontags #PostToWin #HotSummer from your Twitter Account to get a reply with a link to enter the Promotion. Next, click on the link in the reply and enter through the Online Entry form as described above during the Promotion Period. Protected Twitter Accounts may not be able to participate in the Promotion in this manner and need to go directly to the Website. c. Facebook: To participate and enter this Promotion, individuals will need a Facebook account ( Facebook Account ). If you don t already have a Facebook Account, visit www.facebook.com to 1
create a Facebook Account; creating a Facebook Account is free. By submitting your information and creating a Facebook Account, you will be required to agree to the Facebook s Statement of Rights and Responsibilities and Data Use Policy. If you do not agree to Facebook s terms and privacy policy, you cannot create a Facebook Account or participate in this Promotion. Once logged into your Facebook Account, to enter the Promotion, during the Entry Period, visit the Guess Facebook Page at http://guess.chirpify.com/hotsummer/posttowin (the Page ). Next, click on the Promotion ad on the Page and entrants can then enter the Promotion through the link provided on the Page. Next, click on the link in the reply and enter through the Online Entry form, as described above, during the Promotion Period. All entries become the property of the Sponsor and will not be acknowledged or returned except as provided herein. Entries which are incomplete, incorrect, incomprehensible, not received, or do not otherwise comply with these Official Rules will not be entered into the Promotion. Entries made by facsimile, overnight courier, third party entry service, automated means, or in any other manner not specifically allowed under these Official Rules will not be entered into the Promotion and may result in disqualification. By participating in this Promotion, each participant agrees to be bound by these Official Rules and decisions of the independent Judging Agency ( Judging Agency ), which shall be final in all matters relating to the Promotion, including, without limitation, the eligibility of any entrant and/or entry (as determined by the Judging Agency at its sole discretion). You are not a winner until your prize claim is validated and you receive official written notification from the Sponsor or the Judging Agency. 4. Weekly Drawings: For purposes of this Promotion, a week is defined as beginning at midnight PT on Thursday and ending the following Wednesday at 11:59 PM PT ( Weekly Entry Period ). On or about a week after each Weekly Entry Period ends, the Judging Agency will conduct a random drawing, in Los Angeles, California, from among all eligible Entries received during all of the preceding Weekly Entry Periods. Entries will roll-over to subsequent weekly prize drawings. 5. Prizes, Approximate Retail Value ( ARV ) & Odds: Four (4) Weekly Prizes: Each prize winner will receive a prize package that includes the following: $250 Guess Shopping Card. One (1) Delaney Medium Classic Tote (ARV $108). One (1) Ella Round Wire & Plastic Retro Sunglasses (ARV $88). One (1) Silver and Rose Gold Tone-Jetsetter Denim Watch (ARV $125). Total ARV of Weekly Prize is $571. Total ARV of all prizes is $2,284.00. All prize values are in USD. Use of prize card or gift cards is subject to the terms, conditions and policies of the issuer and any terms and conditions on the card itself. No substitution, cash redemption or transfer of prizes is permitted except at Sponsor s sole discretion or as provided herein. If a prize, or any portion thereof, cannot be awarded for any reason, Sponsor reserves the right to substitute a prize of equal or greater value. All federal, state and local taxes, and all other costs associated with acceptance or use of the prize(s), are the sole responsibility of the winners. Arrangements for delivery of prize(s) will be made after winner validation. LIMIT ONE (1) PRIZE PER PERSON/EMAIL ADDRESS/HOUSEHOLD. Odds of winning a prize depend on the number of entries received. At the Sponsor s discretion, unclaimed prizes may not be awarded. No more than the stated number of prizes will be awarded. If, for any reason, the number of prize notifications exceeds the stated number of prizes, the remaining prizes will be awarded in a random drawing from among all legitimate prize claimants. Canadian residents must correctly answer a mathematical skill-testing question, if selected as a potential winner, in order to claim prize. 6. General Rules: All federal, provincial/territorial and local laws apply. Potential winners will be notified by email or telephone. Potential winners may be required to sign and return an Affidavit or Declaration of Eligibility and Release of Liability and a Publicity Release (as determined by the Sponsor at its sole discretion) (collectively, the Affidavit ) within a stated amount of time from date of notification or the applicable Prize will be forfeited. The return of any Prize/Prize notification as undeliverable or failure to respond to notices or return any documents in a timely manner, as determined by the Judging Agency at its sole discretion, may result in disqualification and an alternate winner may be chosen from among the remaining applicable eligible entries (as determined by the Judging Agency at its sole discretion). By participating, each participant agrees to release, discharge and hold harmless Promotion Parties from and against any and all liability or damages associated with this Promotion or acceptance, use or misuse of any prize received in this Promotion (if applicable). Promotion Parties are not responsible for any typographical or other error in the printing of the offer or administration of the Promotion. Acceptance of a prize constitutes permission 2
for the Sponsor and its agencies to use the applicable winner s name and likeness for purposes of advertising and publicity without further compensation, unless prohibited by law. Promotion Parties are not responsible for lost, late, misdirected, stolen, illegible, inaccurate, damaged, incomplete, nondelivered information; or for printing, distribution or production errors or for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in this Promotion, or by any human, or other error, which may occur in this Promotion. If, in the Judging Agency s sole opinion, there is any suspected or actual evidence of tampering with any portion of the Promotion or if technical difficulties compromise the integrity of the Promotion, the Judging Agency reserves the right to void suspect Entries and/or modify and/or terminate the Promotion and/or conduct a random drawing to award the Prizes using all known applicable eligible non-suspect Entries received (as determined by the Judging Agency, at its sole discretion). The Judging Agency reserves the right, in its sole discretion, to disqualify any individual who tampers with or attempts to tamper with the entry process, who acts in a disruptive or unfair manner, or who attempts to enter using any automatic or programmed entry method, or any entry service. CAUTION: ANY ATTEMPT BY ANY PERSON TO CORRUPT OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND/OR JUDGING AGENCY RESERVE THE RIGHT PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute regarding the identity of the person submitting an entry, entries will be declared made by the person's name submitted at time of entry. The Sponsor may, in its sole discretion, provide an alternate skill-testing question or vary the requirements to perform any skill-testing component of the Promotion to accommodate and include the participation of entrants with disabilities. The Promotion Parties are not responsible for any changes or unavailability of the Facebook, Twitter or Instagram platforms that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor s ability to use these platforms for the Promotion as set forth herein that are not acceptable to Sponsor) or ability of entrant to timely enter, receive notices or communicate with Sponsor via Facebook, Twitter or Instagram, in which case Judging Agency, in its sole discretion, may terminate or modify the Promotion. 7. Release & Waiver: By participating in this Promotion, entrants agree to release, discharge and hold harmless Promotion Parties, Facebook, Instagram and Twitter from and against any and all liability, loss, injuries or damages associated with participation in this Promotion or the acceptance, possession, use or misuse of any prize received in this Promotion. By participating in this Promotion, entrants waive all rights to claim punitive, indirect, incidental and consequential damages, attorneys fees or any damages other than actual out-of-pocket costs incurred to participate. 8. Publicity: Acceptance of a prize constitutes permission for the Promotion Parties and their agencies to use winners names, voices and/or likenesses for purposes of advertising and publicity worldwide in all media now known or hereinafter invented without territorial or time limitations and without additional compensation or notice, unless prohibited by law. 9. Privacy: As a condition of entering the Promotion, each entrant gives consent for Sponsor & Guess?, Inc. to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and to comply with applicable laws, regulations and rules. Any information entrant provides to Sponsor or Guess?, Inc. may be used to communicate with entrant in relation to this Promotion or on a Promotion winner s list. The personal information collected through this Promotion is subject to Guess?, Inc. s Privacy Policy located at http://shop.guess.com/en/privacypolicy/ and Sponsor s Privacy Policy located at https://www.chirpify.com/privacy. By entering this Promotion, you agree to the use of your personal information as described in the above Privacy Policies. In the event of any conflict between these Official Rules and these Privacy Policies, these Official Rules shall take precedence. 10. Choice of Law: This Promotion is offered only in the United States and Canada (excluding Quebec) and is governed by the laws of the State of California, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state s or jurisdiction s laws. 3
11. Limitation of Liability: BY ENTERING THE PROMOTION, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 12. Dispute Resolution: The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Santa Clara County, California and any other court with jurisdiction over the parties. In arbitration, there is no judge or jury and review is limited. The arbitrator s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction. The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Promotion shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. ( JAMS ) or any successor to JAMS. In the event JAMS is unwilling or unable to set a hearing date within fourteen (14) days of the filing of a Demand for Arbitration, then either party can elect to have the arbitration administered by the American Arbitration Association ( AAA ) or any other mutually agreeable arbitration administration service. If an in-person hearing is required, then it will take place in Santa Clara County, California. The federal or state law that applies to these Official Rules will also apply during the arbitration. Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn t apply and the dispute must be brought in a court of competent jurisdiction in Santa Clara County, California. Entrant and Sponsor agree to pay their own travel or other costs to attend any arbitration hearing. 13. Winners List: To view the winners list for this Promotion, please submit your request to support@chirpify.com. The winners list will be available after winner validation has been completed. 14. Sponsor: Chirpify, Inc., 317 SW Alder St. #1100, Portland, OR 97204. 15. Miscellaneous: The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision. In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsor s failure to enforce any term of these Official Rules will not constitute a waiver of that provision. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Promotion-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Judging Agency s sole and absolute discretion. All trademarks used herein are the property of their respective owners. Manufacturers of the prizes offered in this Promotion do not sponsor or endorse this Promotion and are not affiliated with the Sponsor in any way. 4
This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You understand that you are providing your information to Sponsor and not to Facebook, Instagram or Twitter. THE FOLLOWING IS NOT TO BE PRINTED WITH THE FULL OFFICIAL RULES Abbreviated Rules for Website. The following abbreviated rules are to be printed clearly and conspicuously (meaning that it must be able to be read without aid and printed on a contrasting background) on the landing page and the registration pages of the Promotion site: NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Odds of winning will depend on the total number of entries received. Open only to legal residents of the 50 United States, the District of Columbia or Canada (excluding Quebec), 18 and older (19 years or older in AL and NE and 21 in MS). Void elsewhere and where prohibited by law. Sweepstakes ends: 11:59 p.m. PT on 7/23/2014. Subject to complete Official Rules https://www.chirpify.com/terms/hotsummer. ARV of each prize package: $571.00. Sponsor: Chirpify, Inc., 317 SW Alder St #1100, Portland, OR 97204. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook, Instagram or Twitter. You understand that you are providing your information to Sponsor and not to Facebook, Instagram or Twitter. Your personal information will only be used in accordance with Guess?, Inc. and Sponsor s Privacy Policies and as permitted by law. 5