NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.

 

1. ELIGIBILITY

The Spanx 10th Birthday Giveaway (“Sweepstakes”) is offered to legal residents of the 50 United States and the District of Columbia who are at least 21 years old as of the date of entry. Void where prohibited by law. Employees of Spanx, Inc. (“Sponsor”) and its affiliated and subsidiary companies, advertising and promotional agencies and prize sponsors, as well as the immediate family (spouse, mother, father, sister, brother, daughter, or son, regardless of where they live) of such employees or members of their households (whether related or not) are not eligible. By entering, you agree to these Official Rules and the decisions of Sponsor, which are final and binding in all respects.

 

2. PROMOTIONAL PERIOD

The promotional period begins on Thursday, October 14th at 12:00 p.m. Eastern Time (ET) and ends on Friday, October 15th at 12:00 a.m. ET (the “Promotional Period”).

 

3. ENTRY

No purchase necessary to enter or win. A purchase will not improve your chances of winning.

 

To enter the Sweepstakes, visit www.Twitter.com and become a follower of @SpanxINC. Then, look for the notification that the Sweepstakes has begun and reply to the notice telling us who you think will be or is wearing Spanx on the Red Carpet. You must include the following hash tag in your response: #HappyBirthdaySPANX.

 

LIMIT ONE ENTRY PER PERSON OR HOUSEHOLD. Multiple entries will be disqualified. All entries must be received during the Promotional Period.

 

Sponsor reserves the right to disqualify any entry that, in its sole discretion, violates any of these Official Rules.

 

No responsibility is assumed by Sponsor for lost, late, misdirected, or illegible entries or for any human, computer, online, telephone or technical malfunctions that may occur, or for any printing or typographical errors in any materials associated with the Sweepstakes. All entries become the property of Sponsor and will not be returned to entrant.

 

4. WINNER SELECTION

One winner will be selected by random drawing from all eligible entries received during the Promotional Period, which drawing will be held on 9:30 am Friday, October 15th. The prize winner will be notified by direct message and by a posting of the winner’s Twitter name on the @SpanxINC page no later than 11:00 a.m. ET on Friday, October 15th. The potential winner will be required to contact Sponsor by direct message via Twitter by no later than 2:00 p.m. ET on Monday, October 18th. If the potential winner does not respond within the required time period or fails to return the required documentation (described in Section 6) by 2:00 p.m. ET on Monday, October 18th the initial potential winner will be disqualified and an alternate winner will be selected. The alternate winner will be notified by direct message and by a posting of the winner’s Twitter name on the @SpanxINC page no later than 3:00 p.m. ET on Monday, October 18th. The potential winner will be required to contact Sponsor by direct message via Twitter by no later than 4:30 p.m. ET on Monday, October 18th . If the alternate potential winner does not respond within the required time period or fails to return the required documentation (described in Section 6) by 5:30 p.m. ET on Tuesday, October 19th, the alternate winner will be disqualified and no prize will be awarded.

 

5. PRIZE & ODDS OF WINNING

The prize will be a Spanx Starter Kit containing 10 products. The approximate retail value of the prize is: $900.00. Odds of winning depend on the number of eligible entries received for the drawing.

 

No assignment, transfer, or substitution of prize is permitted, except that Sponsor reserves the right to substitute a prize of equal or greater value if the advertised prize is unavailable. All federal, state and local taxes are the sole responsibility of the prize winner.

 

6. GENERAL CONDITIONS

The Sweepstakes is governed by, and these rules will be construed and interpreted pursuant to, the laws of the United States. The prize winner must execute and return an Affidavit of Eligibility, a Liability Release and where lawful, a Publicity Release, which must include the winner’s social security number for tax reporting purposes, within seven (7) days of notification. A selected prize winner may be disqualified and, in such case, an alternate winner will be selected from among the remaining eligible entries if a selected prize winner (i) fails to meet the eligibility requirements, (ii) does not respond to notification of being a potential winner in the time period required by Section 4, or (iii) fails to return documents timely (as described in Section 4).

 

Where permitted by law, by accepting the prize, the prize winner agrees to grant to Sponsor, and its licensees, affiliates, and assigns, the right to print, publish, broadcast, and use, worldwide in any media now known or hereafter developed, including but not limited to the World Wide Web, at any time or times, the winner’s name, portrait, picture, voice, likeness, and biographical information as news or information and for advertising and promotional purposes without additional consideration. Further, by accepting the prize, the prize winner agrees, and by entering this Sweepstakes, the entrant agrees, to release and hold harmless Sponsor, and its affiliates, subsidiaries, advertising and promotional agencies, and their respective directors, officers, employees, representatives, agents, and prize sponsors from any and all liability for any injuries, loss or damage of any kind to person (including death) and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use, or misuse of a prize, participation in any Sweepstakes-related activity, or participation in this Sweepstakes. Void where prohibited.

 

Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Sponsor’s website; to be in violation of the terms of use of the website; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Any use of robotic, automatic, programmed or like entry methods will void all such entries by such methods.

 

CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DAMAGE DELIBERATELY ANY WEB SITE OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses or the domain name associated with the submitted e-mail address.

 

7. LIMITATIONS OF LIABILITY

Sponsor is not responsible for any incorrect or inaccurate information, whether caused by Web site users or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error that may occur in the processing of submissions in the Sweepstakes. Sponsor assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to the www.spanx.com Web site or @SpanxINC Twitter page. Sponsor is not responsible for injury or damage to entrants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the www.spanx.com Web site. If, for any reason, the Sweepstakes is not capable of running as planned by reason of infection by computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and select the final monthly winner from entries received prior to the action taken. IN NO EVENT WILL SPONSOR OR ITS AFFILIATES, SUBSIDIARIES, ADVERTISING OR PROMOTIONAL AGENCIES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, OR AGENTS, OR PRIZE SPONSORS BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF ANY ENTRANT’S ACCESS TO AND USE OF INTERNET SITE WWW.SPANX.COM OR THE DOWNLOADING FROM AND/OR PRINTING OF MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON SUCH SITE OR ANY PRIZE WON IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions regarding these limitations or exclusions.

 

8. PRIVACY

By entering this Sweepstakes, entrants agree to Sponsor’s use of their personal information as described in Sponsor’s Privacy Policy at http://www.spanx.com/helpdesk/index.jsp?display=safety&subdisplay=privacy&clickid=botnav_privacy_txt.

 

9. WINNERS LIST

The name of the prize winner may be obtained after Wednesday, October 20th, 2010 by sending a self-addressed stamped envelope to: Spanx 10th Birthday Giveaway Winner List, 3344 Peachtree Road, Suite 1700, Atlanta, GA 30326. All requests must be received before November 1, 2010. In addition, the prize winner’s Twitter name will be posted on Sponsor’s Twitter page, as described in Section 4 above.

 

10. RULES

The Official Rules are available at www.facebook.com/____________________________.

 

11. SPONSOR

Spanx, Inc.

3344 Peachtree Road

Suite 1700

Atlanta, GA 30326

 

***This Sweepstakes has not been endorsed by Twitter, and Sponsor is in no way affiliated with Twitter.