Bath and Body Works "TXT 2 WIN" Sweepstakes
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF
WINNING.
1. Eligibility: The Bath and Body Works "TXT 2 WIN" Sweepstakes (the "Sweepstakes")
is open to individuals who are legal residents of the 50 United States plus D.C.
and are 18 years of age or older at the time of entry. Entrants that provide a mobile
phone number must provide a valid U.S. mobile phone number. Officers, directors
and employees of Sponsor and each of its respective parents, subsidiaries, affiliates,
distributors, advertising and promotion agencies (all such individuals and entities
referred to collectively as the "Promotion Entities") and the immediate family members
of any such person and/or people living in the same household of any such person
are not eligible to enter the Sweepstakes or win a prize. This Sweepstakes is subject
to all federal, state and local laws and regulations. VOID WHERE PROHIBITED.
2. Sponsor: Bath and Body Works, a division of Limited Brands, Inc., 7 Limited
Parkway East, Reynoldsburg, OH 43068.
3. Promotion Description: The Sweepstakes begins on April 27, 2009 at 12:01
a.m. Eastern Time ("ET") and ends on July 1, 2009 at 11:59:59 p.m. ET (the "Promotion
Period"). At the end of the Promotion Period, a random drawing will be conducted
to select one (1) Grand Prize winner from among all eligible entries received, as
set forth more fully below. By participating in the Sweepstakes, each entrant unconditionally
accepts and agrees to comply with and abide by these Official Rules and the decisions
of Sponsor, which shall be final and binding in all respects.
4. How To Enter: There are three ways to enter the Sweepstakes. Limit one
(1) entry per person, regardless of the method of entry. All entries must be received
by the end of the Promotion Period in order to participate. The Website’s database
clock will be the official time keeper for this Sweepstakes. All required information
on the entry form must be completed to enter and to be eligible to win.
A. Via Mobile Phone: Use your wireless capable mobile phone to text PAMPERING
to 74139, or visit http://wap.bbw.com. Upon submission, you will receive one (1)
entry into the Sweepstakes. The mobile phone method of entry is designed to work
with most of the major wireless carriers in the United States, but Sponsor makes
no guarantee that any particular wireless service provider will participate, and
the mobile phone that is used must be capable of sending and receiving text messages.
Entrants should check their phone’s features to see if they have that capability.
Wireless service providers may charge entrants for each text message, including
any error message, that is sent and received in connection with the Sweepstakes.
Entrants should consult their wireless service provider’s pricing plan for details.
Proof of sending text messages is not considered proof of delivery to or receipt
by Sponsor of such entry.
NOTE: By submitting an entry by mobile phone, entrants are giving their express
authorization to receive future mobile service commercial messages from Sponsor.
Entrants can opt out of receiving future messages by texting the word "STOP" at
any time to the shortcode 74139. Entrants who do not text "STOP" will receive mobile
service commercial messages from Sponsor that will include an opportunity to opt
out in all subsequent commercial messages. Wireless service providers may charge
entrants for each message, including any error message, that is sent or received
according to the entrant’s standard carrier contract.
B. Via Web: Navigate the internet to http://clients.air-cast.us/bathandbodyworks
(the "Website"). Then, follow directions for entry including providing your name,
email address, date of birth, and phone number. Upon submission, you will receive
one (1) entry into the Sweepstakes. Proof of entering information at the Website
is not considered proof of delivery to or receipt by Sponsor of such entry.
C. Via Mail: Send a postcard with your name, address and contact phone number
to: Bath and Body Works "TXT 2 WIN," 7 Limited Parkway East, Reynoldsburg, OH 43068.
Upon receipt of the postcard, you will receive one (1) entry into the Sweepstakes.
5. Winner Validation: One (1) Grand Prize winner will be randomly selected
on July 3, 2009, from all valid entries received during the Promotion Period. All
entries are subject to validation. A potential winner will be notified by telephone
and/or mail and/or email using the contact information given at the time of entry.
Sponsor shall have no liability for any winner notification that is lost, intercepted
or not received by a potential winner for any reason. If, despite reasonable efforts,
a potential winner does not respond within three (3) days of the first notification
attempt, or if the prize or prize notification is returned as unclaimed or undeliverable
to such potential winner, such potential winner will forfeit his or her prize and
an alternate winner may be selected. If any potential winner is found to be ineligible,
or if he or she has not complied with these Official Rules or declines a prize for
any reason prior to award, such potential winner will be disqualified and an alternate
winner may be selected. Sponsor may successively attempt to contact up to three
(3) potential winner(s) of an applicable prize in accordance with such procedure,
and if there is still no confirmed winner(s) of such applicable prize after such
attempts have been made, if any, such prize may go unawarded.
6. Publicity Release: Except where prohibited, by participating in the Sweepstakes,
in addition to any other rights which may be granted in any other agreement entered
into between Sponsor and any entrant in and/or winner of the Sweepstakes, each entrant
irrevocably grants the Promotion Entities and their respective successors, assigns
and licensees, the right to use the entrant’s name, likeness, opinions, and biographical
information, and any other personal characteristics, in any and all media for any
purpose, including without limitation, advertising and promotional purposes, and
each entrant and/or prize winner(s) hereby release the Promotion Entities from any
liability with respect thereto.
7. Prizes and Odds: One (1) Grand Prize is available. The Grand Prize consists
of a $500 shopping spree at Bath and Body Works. The Grand Prize also includes two
(2) $250 Bath and Body Works Gifts Cards for two (2) companions (Approximate Retail
Value ("ARV") of Grand Prize: $1,000). Odds of winning depend on number of entries
received. The winner and his/her companions are responsible for all federal, state
and local taxes associated with receipt of the prize (income or otherwise).
8. General Prize Conditions: Prizes will be awarded only if each potential
winner fully complies with these Official Rules. Prizes are non-assignable and non-transferable.
All details and restrictions of the prizes not specified in these Official Rules
will be determined by Sponsor in its sole discretion. No cash alternative or substitution
of prizes will be allowed. Applicable portions of the prizes will be delivered only
to an address in the United States. Each potential Grand Prize winner will be required
to execute an Affidavit of Eligibility and Liability Release, and (where imposing
such condition is legal) a Publicity Release and any other applicable forms required
by tax authorities and/or Sponsor (collectively, "Prize Claim Documents"). If any
potential Grand Prize winner fails or refuses to sign and return all Prize Claim
Documents within ten (10) days of notification, such potential Grand Prize winner
may be disqualified.
Sponsor makes no warranties, and hereby disclaims any and all warranties, express
or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT
LIMITING THE GENERALITY OF THE FOREGOING, SUCH 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.
9. Release: By entering, you agree that Sponsor (A) shall not be responsible
or liable for, and is hereby released from, any and all costs, injuries, losses
or damages of any kind, including, without limitation, death and bodily injury,
due in whole or in part, directly or indirectly, to participation in the Sweepstakes
or any Sweepstakes-related activity, or from entrants’ acceptance, receipt, possession
and/or use or misuse of any prize, and (B) has not made any warranty, representation
or guarantee express or implied, in fact or in law, with respect to any prize, including,
without limitation, to such prize’s quality or fitness for a particular purpose.
10. General Conditions: Sponsor assumes no responsibility for any damage
to an entrant’s, or any other person’s, computer system which is occasioned by accessing
the Website or otherwise participating in the Sweepstakes, or for any computer system,
phone line, hardware, software or program malfunctions, or other errors, failures,
delayed computer transmissions or network connections that are human or technical
in nature. Without limiting the generality of the foregoing, Sponsor is not responsible
for incomplete, illegible, misdirected, misprinted, late, lost, damaged, stolen,
or postage-due submissions or prize notifications; or for lost, interrupted, inaccessible
or unavailable networks, servers, satellites, Internet service providers, websites,
or other connections; or for miscommunications, failed, jumbled, scrambled, delayed,
or misdirected computer, telephone or cable transmissions; or for any technical
malfunctions, failures, difficulties or other errors of any kind or nature; or for
the incorrect or inaccurate capture of information, or the failure to capture any
information. Sponsor reserves the right in its sole discretion to disqualify any
individual who is found to be tampering with the entry process or the operation
of the Sweepstakes or the Website, to be acting in violation of these Official Rules,
or to be acting in an unsportsman-like or disruptive manner, or with the intent
to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy,
abuse, threaten or harass any other person, and Sponsor reserves the right to seek
damages and other remedies from any such person to the fullest extent permitted
by law. No mechanically reproduced, illegible, incomplete, forged, software-generated
or other automated multiple entries will be accepted. If a dispute as to the identity
of the individual who actually submitted an entry cannot be resolved to Sponsor’s
satisfaction, the affected entry will be deemed ineligible. Sponsor reserves the
right to modify, extend, suspend, or terminate the Sweepstakes if it determines,
in its sole discretion, that the Sweepstakes 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 Sweepstakes
as contemplated herein. In the event an insufficient number of eligible entries
are received and/or Sponsor is prevented from awarding prizes or continuing with
the Sweepstakes as contemplated herein by any event beyond its control, including
but not limited to fire, flood, natural or man-made epidemic of health or 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 Sweepstakes. If the Sweepstakes
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. Only
the type and quantity of prizes described in these Official Rules will be awarded.
If, for any reason, more bona fide winners come forward seeking to claim prizes
in excess of the number of each type of prize set forth in these Official Rules,
the winners, or remaining winners, as the case may be, of the advertised number
of prizes available in the prize category in question may be selected in a random
drawing from among all persons making purportedly valid claims for such prize(s).
Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under
such circumstances. These Official Rules cannot be modified or amended in any way
except in a written document issued in accordance with law by a duly authorized
representative of Sponsor. The invalidity or unenforceability of any provision of
these rules shall not affect the validity or enforceability of any other provision.
In the event that any provision is determined to be invalid or otherwise unenforceable
or illegal, these rules shall otherwise remain in effect and shall be construed
in accordance with their terms as if the invalid or illegal provision were not contained
herein.
11. Privacy: Personal information collected in connection with the Sweepstakes
will be used in accordance with Sponsor’s privacy policy located at: http://www.bathandbodyworks.com/helpdesk/index.jsp?display=corp&subdisplay=privacy&clickid=footer_privacy_txt#concerns.
12. Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION,
VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS
AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL
BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF OHIO WITHOUT
GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD
CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. ANY ACTION, SUIT OR PROCEEDING
ARISING FROM OR RELATING TO THESE OFFICIAL RULES OR THIS SWEEPSTAKES MUST BE BROUGHT
IN THE STATE OR FEDERAL COURTS LOCATED IN FRANKLIN COUNTY, OHIO.
13. Promotion Administrator: 5th Finger International US, Inc., 2 Bryant
Street, Suite 220, San Francisco, CA 94105.
14. For any legally required winners list, available after July 3, 2009, send a
stamped, self-addressed envelope to: Bath and Body Works "TXT 2 WIN," 7 Limited
Parkway East, Reynoldsburg, OH 43068.
© 2009 Bath and Body Works. All Rights Reserved.