JANIE AND JACK STREETSTYLE CONTEST

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW. 

PROMOTION DESCRIPTION:  Janie and Jack’s StreetStyle Contest (the “Promotion”) begins on August 13, 2018 at 12:00:00 a.m. Eastern Time (“ET”) and ends on September 5, 2018 at 11:59:59 p.m. ET (the “Promotion Period”).  The submission period begins on August 13, 2018 at 12:00:00 a.m. ET and ends on August 24, 2018 at 11:59:59 p.m. ET (the “Submission Period”). The voting period begins on August 31, 2018 at 12:00:00 a.m. ET and ends on September 5, 2018 at 11:59:59 p.m. ET (the “Voting Period”). There will be one winner selected. Entry in the Promotion does not constitute entry into any other promotion, contest or sweepstakes.  By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Gymboree Group, Inc., 71 Stevenson Street, Suite 2200, San Francisco, CA 94105 (“Sponsor”), which shall be final and binding in all respects.

ELIGIBILITY:  Only open to legal U.S. residents of the 50 U.S. states and D.C., who are 18 years old or older and age of majority in their state of residence at the time of entry. Officers, directors, and employees of Sponsor and its parent, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies (all such individuals and entities referred to collectively, the “Promotion Entities”), and each of their immediate family members and/or people living in the same household are NOT eligible to enter the Promotion or win a prize.  This Promotion is void where prohibited. 

HOW TO ENTER SWEEPSTAKES:

Instagram Entry: To enter the Promotion with an Instagram entry, entrants will need an Instagram account ("Instagram Account"). Once an Instagram Account is set up, it must be set to "public". To enter, during the Submission Period, entrants must use Instagram to post a photograph of an outfit, using at least one article of Janie and Jack clothing, that most embodies the Janie and Jack street style aesthetic and tag the post using the hashtag #JJStreetStyleContest.  By using the hashtag in connection with your Instagram post, you are acknowledging and agreeing that Sponsor has the right to stream your post through the Instagram API or otherwise use your post as set forth in these Official Rules.

Website Entry: To enter the Promotion without using Instagram, entrants must visit https://www.janieandjack.com/jjstreetstyle-contest.html (the “Website”) to submit, during the Submission Period, entrant’s name and email address and upload a photograph of an outfit, using at least one article of Janie and Jack clothing, that most embodies the Janie and Jack street style aesthetic.

Sponsor, in its sole discretion, may accept a technically incorrect hashtag. Sponsor may disqualify an entry if the entry and related tag includes inappropriate, offensive, or other derogatory language or information. Sponsor reserves the right to remove, reject, or disqualify (along with the entrants who submitted them) any entry or related tag which, in Sponsor's opinion, (a) violates any of these Official Rules, the terms of service and privacy policy of Instagram, (b) infringes, misappropriates, or violates any rights of any third party including, without limitation, patent, copyright, trademark, trade secret, or right of privacy or publicity, or (c) is otherwise inappropriate for inclusion in the Promotion.  

NOTE: Sponsor may not receive entries from Instagram users with "protected" or "private" updates (i.e., user has set the Instagram Account so that only people the user has approved can view updates). Instagram posts not received by Sponsor will not be entered into the Promotion. Multiple entrants are not permitted to share the same Instagram account. Attempts made by an individual to submit entries in violation of these Official Rules by using multiple or false contact information or otherwise may be disqualified. Entries that are generated by a macro, bot, or other automated means will not be accepted and will be void. Entries made by any other individual or any entity or group, or originating at any website other than as set forth specifically above, including, without limitation, through commercial contest subscription notification or entering services, will be declared invalid and disqualified for this Promotion.

In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be declared invalid and disqualified.  The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by human or by any of the equipment or programming associated with or utilized in the Promotion or by any technical or human error which may occur in the processing of the entries in the Promotion.  The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction or unauthorized access to or alteration of entries. As a condition of entering the Promotion, without limiting any other provision in these Official Rules, each entrant gives consent for Sponsor and its agents to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Promotion and complying with applicable laws, regulations, and rules. Such third parties may use entrant's information for their own independent purposes in accordance with their own independent privacy practices. Except as otherwise contemplated in these Official Rules, Sponsor will use personal information collected in connection with the Promotion in accordance with its online privacy policy, located at https://www.janieandjack.com/privacy-policy.html.

NOTE ABOUT INSTAGRAM:

Promotion Entities are not responsible for any changes or unavailability of the Instagram service that may interfere with the Promotion (including any limitations, any restrictions, or any conditions on Sponsor's ability to use Instagram 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 Instagram. It is a potential winner's responsibility to set his/her Instagram Account to accept contact by Sponsor and to timely check such account for any Sponsor direct messages.

Limit one (1) entry per person in the Promotion.

WINNER SELECTION:

All entries will be judged by a panel of judges ("Judges") selected by Sponsor in its sole discretion. Entries shall be judged by the Judges based on the following criteria according to the percentage weights indicated: (a) creativity: 33 1/3%, (b) originality: 33 1/3%, and (c) suitability for the Promotion: 33 1/3%. The entries received during the Submission Period that receive the highest total score from the Judges for the judging criteria will be selected as finalists for the prize and such finalists shall be announced on or around August 31, 2018. All Judges' decisions with respect to selection of the finalists are final and binding in all matters relating to this Promotion. All finalists’ entries will be posted during the Voting Period on the Website for voting by the public. The entry that receives the most votes during the Voting Period will be the winner. In the event of a tie, the tie breaker will be based upon the highest score in the first judging criteria, continuing thereafter to each judging criteria in order to break the tie.

All results of the selections are final and binding, subject to these Official Rules.  In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner.  No more than the advertised number of prizes will be awarded.

NOTICE TO WINNERS:  Sponsor reserves the right to contact potential winners for verification purposes and administration of the Promotion. The potential winners will be notified via Instagram or some other method of communication around September 14, 2018.

Time is of the essence in awarding the prizes.  If, despite reasonable efforts, a potential winner does not respond within five (5) days of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected based on the original method of winner selection in Sponsor's sole discretion. Sponsor may only look to two (2) alternate winners, at which point the prize may be deemed unclaimed and Sponsor will have no further obligation with respect to the prize. If legitimately claimed in compliance with these Official Rules, the prize will be awarded. Upon prize forfeiture, no compensation will be given and Sponsor will have no responsibility or liability to that participant.

FURTHER DOCUMENTATION:  Potential winners may be required to execute an Affidavit of Eligibility, a Liability Release, required tax documents and (where imposing such condition is legal) a Publicity Release (collectively, "Prize Claim Documents").  If any potential winner fails or refuses to sign and return all Prize Claim Documents within five (5) days of prize notification (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected.  As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use the winner’s name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.

PRIZES; ODDS:  One winner will receive a $1000 Janie and Jack gift card. The total approximate retail value of all prizes is $1000. Odds of winning depend on the number of eligible entries received.

GENERAL PRIZE CONDITIONS:  Gift cards are subject to the terms and conditions printed thereon and imposed by issuer.  Date of styling to be determined by Sponsor in its sole discretion. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason.  Prizes will be awarded only if the potential prize winner fully complies with these Official Rules.  All portions of the prize(s) are non-assignable and non-transferable.  Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Promotion materials are for illustrative purposes only.  All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion.  Each prize winner shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the applicable prize.  ALL 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.  

GENERAL LIABILITY RELEASE/FORCE MAJEURE:  Entering the Promotion constitutes entrant’s permission for the Promotion Entities to use entrant’s name, photograph, likeness, voice, biographical information, statements, and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.  Entrants agree that the Promotion Entities and Instagram and each of their respective parent and affiliate company’s (A) shall not be responsible or liable for, and are 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 Promotion or any Promotion-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have 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.  Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Promotion, 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 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, including, without limitation, simulator errors, failures or malfunctions; 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 Promotion, to be acting in violation of these Official Rules, to be acting in an unsportsmanlike or disruptive manner or with the intent to disrupt or undermine the legitimate operation of the Promotion 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.  Sponsor reserves the right to modify, extend, suspend, or terminate the Promotion and any portion of the Promotion if it determines, in its sole discretion, that the Promotion 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 Promotion 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 Promotion as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of 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 Promotion.  If the Promotion is terminated before the designated end date, Sponsor will (if possible) select the winner(s) 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.  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.  Unless otherwise stated in these Official Rules, the invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision.  Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official 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.

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 PROMOTION SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL 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 LAWS.  For the purposes of any disputes hereunder, by entering this Promotion, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Promotion shall be resolved individually, without resort to any form of class action and consents to the exclusive jurisdiction and venue of the appropriate state or federal court situated in San Francisco County, California.

ARBITRATION PROVISION:  By participating in this Promotion, entrant agrees that any and all disputes entrant may have with, or claims entrant may have against the Promotion Entities relating to, arising out of or connected in any way with (a) the Promotion, (b) the awarding or redemption of any prize, and/or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

If entrant demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude entrant from seeking action by federal, state, or local government agencies.  Entrant and Sponsor also have the right to bring qualifying claims in small claims court.  In addition, entrant and Sponsor retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Official Rules, nor a waiver of the right to have disputes submitted to arbitration as provided in these Official Rules. 

Neither entrant nor Sponsor may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only Entrant and/or Sponsor’s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. 

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT ENTRANT OR SPONSOR WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  This Section of these Official Rules will survive the termination of your relationship with Sponsor.

WINNER’S LIST/OFFICIAL RULES:  To obtain any legally-required winners list (after the conclusion of the Promotion) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to:  Gymboree Group, Inc., 71 Stevenson Street, Suite 2200, San Francisco, CA 94105.  Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.  Only one (1) request of either type per outer envelope, mailed separately, will be fulfilled. Vermont residents may omit return postage with Official Rules requests.

 THIS PROMOTION IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY INSTAGRAM.