NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING.
The Geneva Giveaway (the "Giveaway") is sponsored by Universal Standard Inc. (the "Sponsor"), with offices located at 625 Broadway, FL 4, NY, NY 10012.
- Eligibility: The Giveaway is open to only legal residents in United States and the District of Columbia and must be 18 years of age or older at the time of entry. Void in Alaska, Hawaii, Rhode Island, Puerto Rico, Guam and in all other states, territories or locales where restricted or prohibited, and subject to all federal, state, provincial and local laws. Employees of Sponsor, Sponsor's parent, subsidiaries, affiliated companies, advertising or promotional agencies and the immediate family (defined as parents, spouse, children, siblings, grandparents) of each such employee, and all those with whom the employee are domiciled, are NOT eligible.
- Giveaway Period: The Giveaway begins on May 7, 2020 at 12:00 a.m. Eastern Time (“ET”) and ends on the earlier of May 31, 2020 at 11:59 p.m. PST or when the landing page/pop-up dedicated to the Giveaway is removed/revised as supplies are limited (the “Giveaway Period”). The Giveaway Period may be extended at the discretion of the Sponsor. Once all free Geneva codes have been issued, the landing page/pop-up will be updated to provide a $50 off code for a Geneva dress, while supplies last.
- Publicity: Except where prohibited by law, participation in the Giveaway constitutes participant’s consent to Sponsor’s use of winner’s name, likeness, photograph, voice, opinions and/or hometown/state for promotional purposes in any media without further payment or consideration to the participant.
- Limitation of Liability and General Release: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of Sponsor, which shall be final and binding in all respects relating to this Giveaway; (b) to release, discharge and hold harmless Sponsor and their respective parents, affiliates, subsidiaries, retailers, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from his/her participation in the Giveaway or any Giveaway-related activity or the acceptance, possession, use or misuse of any awarded prize (including any activity related thereto); and (c) to the use of his/her name, voice, performance, photograph/video, entry, social media profile picture, image and/or likeness for programming, advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide and on the Internet, and in perpetuity by Sponsor and its designees, without compensation, notification (unless prohibited by law) or additional consents from nominator or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so. Released Parties are not responsible for lost, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Giveaway, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway, the processing of entries, the announcement of the prizes, or in any Giveaway-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by site users, tampering, hacking, or by any equipment or programming associated with or utilized in the Giveaway. Released Parties are not responsible for injury or damage to any person's computer related to or resulting from participating in this Giveaway or downloading materials from or use of the website. SPONSOR AND RELEASED PARTIES ARE NOT RESPONSIBLE FOR ANY INJURY OR DAMAGE, WHETHER TO YOU OR TO ANY OTHER PERSON OR TO ANY PROPERTY, RELATED TO OR RESULTING FROM YOUR ACCEPTANCE AND/OR USE OF ANY PRIZE. BY PARTICIPATING IN ANY GIVEAWAY OR ACCEPTING ANY PRIZE, YOU EXPRESSLY ASSUME ALL LIABILITY AND RESPONSIBILITY FOR YOUR PARTICIPATION AND USE OF A PRIZE AND AGREE THAT YOUR PARTICIPATION IS SOLELY AT YOUR OWN RISK.
- Let’s Try To Sort Things Out First: We want to address your concerns without needing a formal legal case. Before filing a claim against Sponsor, you agree to try to resolve the dispute informally by contacting firstname.lastname@example.org. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 90 days of submission of a claim – and only then – you or Sponsor may bring a formal proceeding.
- We Both Agree To Arbitrate: You and Sponsor agree to resolve any claims relating to these Official Rules or any Giveaway through final and binding arbitration. Arbitration shall be held in the state of New York. You and Sponsor agree to submit to the personal jurisdiction of New York to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
- Opt-out of Agreement to Arbitrate: You can decline this agreement to arbitrate by sending a letter with proof of delivery to Sponsor that must be postmarked within 30 days of your Giveaway's entry. The letter must specify your first and last names, email address, mailing address, and explain that you are opting out of this arbitration provision. The letter should be sent ATTN: Legal Department to Universal Standard, 625 Broadway, FL 4, NY, NY 10012
- Arbitration Procedures: The arbitration shall be conducted by a single arbitrator, governed by the rules of the JAMS that are in effect at the time the arbitration is initiated, available at jamsadr.com or by calling JAMS at 1-800-352-5276 (referred to as the “JAMS” rules) and under these Official Rules. We may also mutually agree to have the arbitration conducted by telephone or based on written submissions.
- Arbitration and Attorney’s Fees: You are responsible for all costs that you may incur in the arbitration, including, but not limited to, attorney’s fees and expert witness costs unless Sponsor is otherwise specifically required to pay such fees under applicable law. The decision of the arbitrator will be in writing and binding and conclusive on Sponsor and you, and judgment to enforce the decision may be entered by any court of competent jurisdiction. Sponsor and you agree that dispositive motions, including without limitation, motions to dismiss and motions for summary judgment, will be allowed in the arbitration. The arbitrator must follow these Official Rules and can award the same damages and relief as a court, including injunctive or other equitable relief and attorneys’ fees. Notwithstanding the foregoing, Sponsor and you agree not to seek attorneys’ fees and expert witness costs unless the arbitrator finds that a claim or defense was frivolous or asserted for any improper purpose. Sponsor and you understand that, absent this mandatory arbitration provision, Sponsor and you would have the right to sue in court and have a jury trial. Sponsor and you further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. If Sponsor is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to Sponsor. If any clause within these arbitration provisions is found to be illegal or unenforceable, that specific clause will be severed from these arbitration provisions, and the remainder of the arbitration provisions will be given full force and effect. In the event some or all of these arbitration provisions are determined to be unenforceable for any reason, or if a claim, dispute, or controversy is brought that is found by a court to be excluded from the scope of these arbitration provisions, Sponsor and you agree to waive, to the fullest extent allowed by law, any trial by jury. The terms of these arbitration provisions will also apply to any claims asserted by you against any present or future parent or affiliated company of Sponsor to the extent that any such claims arise out of your access to or participation in the Giveaway or any component thereof or other promotion or incentive run in connection with any reward.
- No Class Actions: You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You agree that class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.
- BY AGREEING TO THIS ARBITRATION AGREEMENT, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT, INCLUDING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU UNDERSTAND THAT BY AGREEING TO THIS ARBITRATION AGREEMENT AND CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST RALLY, ITS AGENTS, OFFICERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS AND ASSIGNS IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING. IF YOU DO NOT AGREE TO ARBITRATION, YOU SHOULD OPT OUT OF THIS ARBITRATION PROVISION PER THE TERMS OF THESE OFFICIAL RULES . OTHERWISE, YOU ARE AGREEING TO THE TERMS OF THIS ARBITRATION PROVISION TO THE EXTENT THAT YOU PARTICIPATE IN A GIVEAWAY.
- Judicial forum for disputes: In the event that the agreement to arbitrate is found not to apply to you or your claim, you and Sponsor agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of New York. Both you and Sponsor consent to venue and personal jurisdiction there.
- Choice of Law: You agree that the arbitration provision is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state or provincial law concerning arbitration. You otherwise agree that the laws of New York govern these Official Rules and any claim or dispute that you may have against us, without regard to New York's conflict of laws rules, and that the United Nations Convention on Contracts for the International Sale of Goods shall have no applicability.
- Winners List/Rules: For a copy of the Official Rules mail a stamped, self-addressed envelope by June 1, 2020 at 11:59PM PT to: Universal Standard Inc. Attention: Geneva Giveaway, 625 Broadway, FL 4, NY, NY 10012. Only one request per envelope.