Published on June 1, 2024
Official rules
Sponsored by Spanx LLC, 3035 Peachtree Rd NE, Suite 200 Atlanta, GA 30305
NO PURCHASE REQUIRED TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
1. Eligibility
The Spanx Referral Gift Card Giveaway (the "Giveaway") starts at 9:00 A.M., EST on June 1st, 2024, and ends at 11:59 P.M., EST on June 30th, 2024 (“Giveaway Period”)
The Giveaway is open to (1) legal residents of the 50 United States (including the District of Columbia); (2) who are at least 18 years old. (3) are legally permitted to provide the personal information included in a Referral (as defined below). Void where prohibited. Employees of Spanx, LLC (“Sponsor”), Friendbuy, Inc. ("Friendbuy"), and each of their parent companies, subsidiaries, affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Giveaway (collectively, the “Giveaway Entities”), and employees, agents, directors, officers (including members of their immediate family - i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren - or those living in the same household) of Sponsor or any Giveaway Entities are not eligible to participate in the Giveaway. Giveaway is subject to all applicable federal, state and local laws and regulations and is void where prohibited by law. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner(s).
2. Agreement to Official Rules
By participating in the Giveaway, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor, which are final and binding in all matters related to the Giveaway.
TO ENTER: During the Giveaway Period, an entrant may take the following steps to enter the Giveaway:
a. Follow the link for the Giveaway on Spanx.com or on a social media post from the Spanx social media account or from an email received from Sponsor.
b. Enter the name and unique and verifiable email address of each friend you want to refer to the Giveaway and spanx.com (each, a “Referral”).
c. Each Referral shall be a separate entry, and there is no limit to the total number of entries per person. Subject to verification and compliance with the applicable terms, each Referral is also eligible for Referral Rewards (see https://spanx.com/pages/refer-a-friend-terms for details).
Alternate method of entry: To enter the Giveaway without providing a Referral, during the Giveaway Period, hand print your name, birth date (month/day/year), and email address on a postcard, 3” x 5” card, or piece of paper, place in a self-addressed stamped envelope, and mail or drop off entry “Spanx Referral Giveaway” Attn: Breanna Warren, 3035 Peachtree Rd NE, Suite 200 Atlanta, GA 30305. All entries must be postmarked by June 19th, 2024, and received no later than June 30th, 2024. No facsimiles or mechanical reproductions permitted. Only one entry per outer stamped envelope. Multiple separate stamped envelope entries are permitted, and there is no limit to the total number of entries per person.
Entries submitted in compliance with the foregoing and all other terms in these Official Rules are hereafter “Entries” or, individually, an “Entry.”
Each Entry must be unique. Duplicate Entries will be disqualified. Sponsor will not verify receipt of entries. Multiple entrants are not permitted to share the same email address for purposes of entry into the Giveaway. Use of any automated program or method to enter will result in disqualification of all associated entries and of the person/account responsible for such entries.
By entering this Giveaway, each entrant agrees that the Sponsor may contact the entrant using the email address, phone number, social media handle, or other contact information provided with the Entry, to administer and fulfill this Giveaway.
FINANCIAL INCENTIVE NOTICE: Your participation in the referral program may constitute a financial incentive under California law. When you provide contact information (name and email address) for a referral, you are entered into a giveaway for a chance to win a $500 spanx.com digital giftcard. By providing such information, you acknowledge that (i) you have permission from the person you are referring to provide us their contact information; and (ii) you agree to be entered into the giveaway. You have the right to withdraw at any time by sending an email to Breanna.Warren@spanx.com.
DISCLAIMER: It is each entrant's responsibility to monitor for any communication from Sponsor by email. Any entrant's failure or inability to receive any message(s) from Sponsor for any reason shall be deemed a failure by such entrant to comply with these rules, such entrant shall be disqualified from the Sweepstakes. Similarly, Sponsor shall not be liable for any lost, misdirected, or otherwise unreceived or illegible messages from entrants.
Sponsor is not responsible for lost, late, misdirected or otherwise unreceived Entries or Entries not received regardless of cause. In the event of a dispute over who submitted an Entry, the Entry will be deemed to have been directly submitted by the authorized account holder of the relevant email account used to enter the Giveaway. The authorized account holder is deemed to be the natural person who is assigned to the account by the relevant entity responsible for assigning those accounts. By entering and/or participating, entrants agree to be bound by these Official Rules and Sponsor's website Terms and Conditions and Privacy Policy as set forth in these Official Rules, and the Friendbuy Terms of Service and Privacy Policy.
3. Prizes & Odds of Winning
Upon verification of eligibility and compliance with these Official Rules, each winner will receive one of the following prizes:
- Two (2) Grand Prizes: $500 USD Spanx.com Digital Gift Cards
- Maximum Approximate Retail Value (“ARV”) of Total Grand Prizes: $1000 USD.
- ARV of Each Grand Prize: $500 USD.
- Prize may be subject to additional restrictions, terms, and conditions from Sponsor.
Note: Regardless of Prizes won, prizes are not redeemable for cash, transferable or substitutable, except that any prize is substitutable by Sponsor(s) for a prize of equal or greater value. All federal, state, provincial, territorial and local taxes and other costs related to the acceptance and use of prizes not specifically stated herein are the responsibility of each winner. Limit: One (1) Prize per person or household address. Odds of winning depend on the number of eligible entries received. No more than the stated number of prizes will be awarded.
The prize (1) has no cash value; (2) may not be combined with other offers, discounts, or promotions; (3) may not be sold, transferred bartered, assigned or pledged to any third party; and (4) may not be applied toward previous purchases or the purchase of gift cards. The prize winner has no property rights or other legal interests in the prize. The prize promotional code(s) will be sent at Sponsor's discretion.
4. Selection of Winner
On or about July 11th, 2024, the names of the potential winners will be selected in a random drawing, conducted by the Sponsor, from among all the eligible entries received. Potential winners will be notified by email on or about July 11th, 2024. Potential winners are subject to verification of eligibility and compliance with these Official Rules. Potential winner(s) will be notified by Sponsor or its designated representative via email on or about the winner selection date with instructions on how to claim his/her/their prize. All potential winners must respond to the notification message within two days of the announcement and provide all requested information within two days of the first contact or attempted contact from Sponsor. If potential winners do not respond to the notification within two days, Sponsor may conduct additional random drawings to select additional potential winners. Sponsor may require winner(s) to complete, sign, and return an Affidavit of Eligibility/Liability Release/Publicity Release forms and other applicable documents. All required documents must be completed and returned to Sponsor within 7 days of the date and time listed on the documents. If a potential winner cannot be contacted, is disqualified, or fails to timely execute and return any required forms, an alternate winner may be selected from among the remaining eligible Entries.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF PARTICIPANT'S ELIGIBILITY.
5. Privacy Policy
Any personally identifiable information collected during an entrant's participation in this Giveaway will be collected by Sponsor and used by Sponsor, Spanx.com, and their affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Giveaway as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at https://spanx.com/pages/our-privacy-policy. For additional partners Privacy Policy please visit: Friendbuy https://www.friendbuy.com/privacy.
6. General Rules
By entering the Giveaway, entrants agree to be bound by these Official Rules. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor's failure to enforce any term of the Official Rules shall not constitute a waiver of that provision. Any person who attempts to enter with multiple email address, under multiple identities or uses any other device or artifice to enter multiple times or to interfere with the proper play of this Giveaway, will be disqualified form participation in the Giveaway and all previous entries will be voided. Multiple participants are not permitted to share the same email address. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Entries (1) cannot be derogatory of any ethnic, racial, gender, religious, professional or age group; (2) must not infringe upon the rights of any third parties; (3) must be received during the entry period.
7. Release and Limitations of Liability
By participating in this Giveaway, entrants agree that Sponsor(s), their respective parent companies, affiliates, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, web site providers, and each of their respective officers, directors, employees, representatives and agents (collectively, the “Released Parties”) are not responsible for, and shall be held harmless against:
(a) 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 Giveaway;
(b) technical failures of any kind, including, but not limited to interrupted or unavailable network server or other connections, miscommunications, failed telephone or computer transmissions or jumbled, scrambled or misdirected entries or transmissions, or for phone, electrical, network, computer hardware or software or program malfunctioned, failures or difficulties or for other errors, omissions, interruptions, or deletions of any kind whether human, mechanical or electronic;
(c) illegible, unintelligible, late, lost or stolen entries or incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Giveaway or by any technical or human errors which may occur in the processing of any entries in this Giveaway;
(d) unauthorized human intervention in any part of the entry process or the Giveaway;
(e) technical or human error which may occur in the administration of the Giveaway or the processing of entries; or
(f) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from the entrant's participation in the Giveaway or receipt or use or misuse of any prize.
By participating in this Giveaway, entrants agree that the Released Parties will have no liability whatsoever for, an shall be held harmless by entrants against, any liability for any injuries, losses or damages of any kind to persons, including personal injury or death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse, or use of the prize, entry, or participation in this Giveaway or in any Giveaway relation activity (including use of the website associated with this Giveaway), or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery.
Without limiting the foregoing, everything regarding this Giveaway, including the website associated with this Giveaway and all prizes, are provided “as is” without warranty of any kind, either expressed or implied. Some jurisdictions may not allow the limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply. Check local laws for any restrictions or limitations regarding these limitations or exclusions.
All federal, state, and local taxes are the sole responsibility of the winner.
Winner(s) will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications. Should the ARV of the prize equal or exceed $600.00, winners shall be required to provide a Social Security Number and necessary tax form to Sponsor for issuance of a 1099 Form.
By participating in the Giveaway and accepting any prize, entrants and winners agree to release and hold harmless the Released Parties from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the Promotion, including without limitation participation in any Promotion-related activity and/or possession, acceptance, use or misuse of any prize.
Winner acknowledges that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
8. Additional Conditions
Except where prohibited by law, by accepting any prize, Winner consents to the use of his/her name, photo and/or likeness, biographical information, winning entry and statements attributed to winner (if true) for advertising and promotional purposes without additional compensation. All entries become property of Sponsor and none will be acknowledged or returned. Allow 4-5 weeks for delivery of prizes.
9. Modification of Terms
The Sponsor reserves the right, in its sole discretion to cancel, terminate, modify or suspend the Giveway should (in its sole discretion) a virus, bugs, non-authorized human intervention, fraud or other causes beyond its control corrupt or affect the administration, security, fairness or proper conduct of the Giveway. In such case, the Sponsor may select the recipients from all eligible entries received prior to and/or after (if appropriate) the action taken by the Sponsor. The Sponsor reserves the right at its sole discretion to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Giveway or website or violates these Terms & Conditions.The Sponsor has the right, in its sole discretion, to maintain the integrity of the Giveway, to void votes for any reason, including, but not limited to; multiple entries from the same user from different IP addresses; multiple entries from the same computer in excess of that allowed by Giveway rules; or the use of bots, macros or scripts or other technical means for entering. Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Giveway may be a violation of criminal and civil laws and should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
10. Winner's List, Official Rules
For a list of prize winners or a copy of these Official Rules, send a self-addressed stamped envelope, by 7/14/2024, to “Spanx Referral Giveaway” Attn: Breanna Warren, Spanx LLC, 3035 Peachtree Rd, NE Suite 200 Atlanta, GA 30305.
11. Sponsor's Address
Sponsor is Spanx LLC, 3035 Peachtree Rd, NE Suite 200 Atlanta, GA 30305.
12. Governing Law
THIS GIVEAWAY IS GOVERNED BY THE LAWS OF THE UNITED STATES OF AMERICA AND THE STATE OF Georgia, WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. As a condition of participating in the Giveaway, participant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with the Giveaway, shall be resolved individually, without resort to any form of class action, exclusively before a court located in the State of Georgia having jurisdiction. Further, in any such dispute, under no circumstances will participant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, including reasonable attorneys' fees, other than participant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and participant further waives all rights to have damages multiplied or increased.