Quikly

You + Your Squad do NYE in NYC

EXPRESS NYE IN NYC SWEEPSTAKES

OFFICIAL RULES

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

1. SWEEPSTAKES AND ELIGIBILITY: The Express NYE in NYC Sweepstakes (the “Sweepstakes”) begins at 12:01 a.m. Eastern Time (“ET”) on November 2, 2015 and ends at 11:59 p.m. ET on November 30, 2015 ("Promotion Period"). Open only to legal residents of the 50 United States and the District of Columbia that are at least 18 years old, or the age of majority in their state of residence, as of the date of entry. To participate, you must have a valid mobile number (US only) capable of receiving a text message. Employees of Express LLC (“Sponsor”), Quikly, LLC (“Platform Administrator”) and each of their respective affiliates, advertising agencies, public relations agencies, prize suppliers, including any vendors providing services in connection with this Sweepstakes (“Sponsor Affiliates”), and agents, directors, officers (including members of their immediate families – i.e., spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren – or same household) of Sponsor or any Sponsor Affiliates are not eligible to participate. Sponsor may designate Platform Administrator to exercise any of Sponsor’s rights under these Official Rules.

By entering the Sweepstakes, entrants are bound by and agree to these Official Rules and the decisions of Sponsor. All time shall be determined by Platform Administrator’s systems. Sponsor shall have the sole discretion in determining the timeliness of any action or inaction related to this Sweepstakes. Any entry may be disqualified at any time if, in the opinion of Sponsor, the entry does not comply with these Official Rules. Incomplete entries are void. Any individual who attempts or encourages, directly or indirectly, or realizes the entry of multiple or false contact information under multiple identities, or uses any robotic, automatic, mechanical or programmed device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by Sponsor, will be disqualified. This Sweepstakes is subject to all applicable federal, state, and local laws. Void where prohibited or otherwise restricted by law.

2. PARTICIPATE & ENTER: This Sweepstakes has two (2) components – a Grand Prize (“Grand Prize Sweepstakes”) and Gift Card Win (“Gift Card Sweepstakes”). The Grand Prize Sweepstakes and Gift Card Sweepstakes are together referred to as the “Sweepstakes” throughout these Official Rules.

(a) Grand Prize Sweepstakes:There are three (3) separate entry periods that will occur at various points during the Promotion Period (individually, “Release 1, “Release 2,” and “Release 3” and collectively “Releases”). Each Release is a limited window of time to enter during a given day during the Promotion Period, but the specific dates/times of the Releases will NOT be publicly announced. You will know when a given Release will start or has started via a text message or email notification from the Platform Administrator (“Notification”). However, you will be presented opportunities to receive advance Notification for the start of a Release as provided below (“Advance Notification”).

Participation and entry into the Grand Prize Sweepstakes occurs solely through the desktop and/or mobile version of www.quikly.com/express (the “Platform”). To enter, complete the following steps during the Promotion Period: (i) go to the Platform, click the "I Want In" or similar button located on the page and follow the instructions to register on the Platform. By registering, you will receive one entry into the Sweepstakes. For security purposes, you will be required to submit your mobile phone number and receive one text message. During this process, you will also have the choice to receive the Notification via text message or email and you must selected one; (ii) after registering, you will be presented opportunities to earn varying minutes of Advance Notification for the start of the upcoming Release; and (iii) once you receive Notification or Advance Notification, click on the link included in the Notification at the applicable time to enter the Sweepstakes for the applicable Release. At that point, you will be notified of the number of entries you have received in the Sweepstakes from that Release. To gain additional entries in the Sweepstakes, you may follow the above process for subsequent Releases. Please note the following:

· For text messages (i.e., the initial security text, Notifications, etc.), message and data rates may apply. You consent to receiving one or more text messages and acknowledge that consent is not required to purchase any of Sponsor’s goods or services.

· To opt-out from receiving text message Notification at any time, text STOP to 346-53. Keep in mind that Notifications are processed through the Platform Administrator’s systems. So, if you have also opted in to receiving text messages from Sponsor, opting out of Notifications will NOT automatically opt you out from Sponsor’s text messages. To opt-out of receiving text messages from Sponsor, text STOP to 397-737.

· Certain opportunities for Advance Notification will only be available to you once and do not carry forward to subsequent Releases. For instance, if you select to follow Sponsor on Instagram in order to receive Advance Notification of Release 1, you will not receive Advance Notification for Release 2 or Release 3 based on that same activity.

· Limit one (1) entry per Release, though the number of entries you receive may vary depending on the schedule below.

Receiving Advance Notification is important because the number of entries you earn in the Grand Prize Sweepstakes will depend on the applicable Release and how quickly, relative to other participants, you enter the Grand Prize Sweepstakes after start of that Release. For instance, if you are the first to enter during Release 1, you will earn 100 entries in the Grand Prize Sweepstakes, and if you are the last person to enter during Release 1, you will earn 5 entries in the Grand Prize Sweepstakes. The following is the schedule of the number of entries that will be given to entrants during each Release:

Entry Time

RELEASE 1

RELEASE 2

RELEASE 3

Entries

Quantity

Entries

Quantity

Entries

Quantity

1st Entrant

100

1

250

1

500

1

2nd Entrant

50

1

100

1

250

1

3rd Entrant

25

1

50

1

100

1

First Tier

10

30,000

10

30,000

10

30,000

Second Tier

5

No Limit

5

No Limit

5

No Limit


(b) Gift Card Sweepstakes: Each time you enter the Grand Prize Sweepstakes, you will automatically be entered in a drawing under the Gift Card Sweepstakes. Limit one (1) entry for a gift card prize per person/household during each Release.

3. SELECTION AND NOTIFICATION OF WINNING ENTRIES:

(a) Grand Prize Sweepstakes: The winner will be selected via a random drawing after the close of the Promotion Period, on or about December 1, 2015, from all eligible entries received during the Promotion Period. The drawing will be conducted by Sponsor or its designee and whose decisions shall be final and binding. Odds of winning a prize depends on the number of eligible entries received and how quickly those entries were received. The potential winner will be notified by email using the email account you used in registration for this Sweepstakes. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder of the email account. "Authorized account holder" is defined as the natural person who is assigned to that email account by the issuer of the email.

(b) Gift Card Sweepstakes: The winners will be selected via random draw from among all entries for each Release shortly after the end of that Release. Entries in one Release do not carry over to subsequent Releases. The odds of winning a gift card prize will depend on the number of entries for the applicable Release. You will be notified shortly after the drawing if you have won a gift card prize.

4. PRIZES: Subject to verification of eligibility and compliance with these Official Rules, there will be one (1) Grand Prize Sweepstakes winner (“Grand Prize Winner”) and 250 Gift Card Sweepstakes winners (each a “Gift Card Prize Winner”). The approximate retail value (“ARV”) of all prizes awarded under this Sweepstakes is $9,350.00.

(a) Grand Prize: The Grand Prize Winner will receive a trip for the Grand Prize Winner and three of his/her friends to New York City, from December 30, 2015 to January 2, 2016, for New Year’s Eve, including: (i) roundtrip airfare for four (4) people and one (1) hotel accommodation room for all four (4) people for three (3) nights (ARV: $5,500.00); (ii) dinner for four (4) people (no alcohol included) in Manhattan on New Year’s Eve (ARV: $600.00), (iii) four (4) tickets to a New Year’s Event in the Times Square vicinity (ARV: $500.00); (iv) a $500.00 Express Shopping Spree for the Grand Prize Winner (ARV: $500.00); (v) a $300.00 Express Shopping Spree for each of the Grand Prize Winner’s traveling guests (ARV: $900.00) and (vi) ground transportation (one car) to and from airport/hotel (ARV $100.00).

All travel and lodging arrangements must be booked through Sponsor. Sponsor will determine airline, flight itinerary, seating and hotel in its sole discretion. If the Grand Prize Winner cannot travel during the specified travel dates, then he or she forfeits the entire Grand Prize. All expenses and incidental travel costs not expressly stated in the prize package description above, including costs of meals, parking, ground transportation, gratuities, transportation to and from airport, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes, and all other expenses not specified above, are the sole responsibility of the Grand Prize Winner and/or his/her guest(s). The Grand Prize may be subject to blackout periods, and other restrictions may apply. Travel is subject to the terms and conditions set forth in this Sweepstakes and those set forth by the Sponsor’s airline carrier of choice, as set forth in the passenger ticket contract. The Grand Prize Winner and guests are responsible for obtaining any insurance (including but not limited to, any travel or health insurance).

The ARV of the Trip Prize may vary depending on location of the departing airport nearest the Grand Prize Winner’s home, travel itinerary, and costs of air transportation at time of award. The Grand Prize Winner (and/or guest) will not receive the difference (if any) between actual and estimated retail value. If, in the sole judgment of Sponsor, air travel is not required due to the Grand Prize Winner’s proximity to the prize location, ground transportation will be substituted for round trip air travel at Sponsor’s sole discretion.

The Grand Prize Winner and travel companions are responsible for obtaining identification documents necessary for travel. The Grand Prize Winner may be required to present a credit card at time of hotel check-in. Unless a child of the Grand Prize Winner, each travel companion must be at least eighteen (18) years of age as of the date of departure. If the Grand Prize Winner does not designate the travel companions in accordance with these Official Rules, no consideration will be provided to the Grand Prize Winner for the value of the travel companion’s portion of the Grand Prize package. The Grand Prize Winner must provide Sponsor with the name, address, and date of birth of his/her guest within five (5) days of the date on the notification. Once the Grand Prize Winner’s guests are designated, the guests may not be substituted, except at the Sponsor’s sole discretion.

No refund or compensation will be paid in the event of the cancellation or delay of any event included in the Grand Prize (each, an “Event”), or any portion thereof. Sponsor will not be liable if the Event, or any portion of it, is cancelled or delayed. Sponsor may, in its sole discretion, attempt to reschedule for a future event. Event tickets are subject to certain terms and conditions as specified by issuer. The terms and conditions of the Event tickets (if any) may govern if the Event is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason. Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen Event tickets, vouchers, or certificates.

(b) Gift Card Prize: There will be 80 Gift Card Prize Winners for both Release 1 and Release 2, and 90 Gift Card Prize Winners for Release 3. Each Gift Card Prize Winner will receive a $5.00 Starbucks® digital gift card, fulfilled via Ifeelgoods, Inc., sent to either the email address or text message selected for Notifications. Gift cards are subject to all terms and conditions of the issuer.

No substitution or transfer of any prize permitted except as determined in Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value. ALL PRIZES ARE AWARDED “AS IS” WITH ABSOLUTELY NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, FROM SPONSOR. TO THE FULLEST EXTENT PERMITTED BY LAW, SPONSOR DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES IN CONNECTION WITH THIS SWEEPSTAKES AND ANY PRIZE. Each winner is solely responsible for all applicable federal, state and local income taxes associated with the Prizes. Winner may be required to provide his/her valid Social Security Number to Sponsor for tax purposes and/or complete an IRS W-9 form in order to claim a prize. Winners are solely responsible for all federal, state and local taxes on prize value and, as applicable, will be issued an IRS Form 1099 based on the prize value determined by Sponsor. If by reason of printing or other error, more prizes are claimed than the number of prizes set forth in these Official Rules, a random drawing will be held to award the advertised number of prizes in the relevant category. Under no circumstances will more than the advertised number of prizes be awarded.

5. CONDITIONS OF PARTICIPATION: Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules, or (1) acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or its agents or representatives; (2) disparages Sponsor or its products or services, Sponsor’s competitors or their products or services, Sponsor Affiliates or any other person or party affiliated with the Sweepstakes, or (3) acts in any other disruptive manner. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is prohibited. Sponsor’s decisions as to all matters related to this Sweepstakes and selection of each prize winner are final.

Sponsor and Platform Administrator, and their respective parents, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, or ineligible entries, all of which will be disqualified, or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes. If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the reasonable control of Sponsor and its parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes), the Sweepstakes is not capable of being conducted as described in these Official Rules, Sponsor shall have the right, at its sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and/or to select each prize winner in a random drawing from eligible entries received prior to action taken, or as otherwise deemed fair and appropriate by Sponsor at its sole discretion. In such case, neither Sponsor nor Platform Administrator shall have any further obligation to any participant in connection with the Sweepstakes. Sponsor reserves the right to prosecute any fraudulent entries to the fullest extent of the law.

6. PRIZE ACCEPTANCE: Potential winner(s) will be notified as provided above and must respond within forty-eight (48) hours or, if longer, the timeframe requested by Sponsor. To claim any prize, Sponsor may, within its sole discretion, require winner(s) to complete, sign, and return Affidavit of Eligibility/Liability Release/Publicity Release forms, and other applicable documents, which may require a social security number, for receipt by Sponsor or its representative within five (5) days of the date on the notification. At Sponsor’s discretion, winners may be required to produce picture or some other form of proper identification to claim any prize. If a potential winner cannot be contacted, fails to timely claim the prize, is disqualified, fails to timely execute and return any required forms, or if the prize notification is returned as undeliverable, an alternate winner may be selected from other potential winners and/or by random draw from all remaining eligible entries.

7. PUBLICITY & MARKETING: By accepting a prize, the winner grants to Sponsor the right to use winner's name, likeness, image, voice, hometown, and biographical information in any advertising, trade or promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. Submission of contact information in connection with this Sweepstakes (whether or not required), including mailing address, mobile phone number and email address during entry constitutes permission for Sponsor to add you to Sponsor’s customer database and to contact you in the future for promotional and other reasons. All information collected during this Sweepstakes from an entrant will be subject to Sponsor’s Privacy Policy (available at www.express.com/customer-service/PrivacyPolicy) and Platform Administrator’s Privacy Policy (available at www.quikly.com/page/terms#privacy).

9. RELEASE & INDEMNIFICATION: Neither Sponsor, Platform Administrator nor Sponsor Affiliates are responsible for and entrants release each from any failures of any kind (whether caused by computer, technical, or human error) which may either limit the entrant’s ability to submit an entry, claim a prize, or otherwise participate in this Sweepstakes, or Sponsor’s ability to include all eligible entries, conduct random drawings, notify potential winners, or otherwise execute this Sweepstakes in the manner intended.By entering the Sweepstakes, you agree to release, defend, hold harmless and indemnify, Sponsor, Platform Administrator, Sponsor Affiliates, and each of their respective parents, subsidiaries, affiliates, and their respective contractors, directors, officers, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of any such failure, a well as (i) any damage to entrant’s computer relating to or resulting from entering or downloading materials or software in connection with entering this Sweepstakes; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor is not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Sweepstakes. Entrants enter at their own risk and each winner assumes all liability for any injury or damage caused or claimed to be caused by participation in this promotion or use or redemption of the prize. Sponsor is not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Sweepstakes to be disrupted or corrupted.

10. DISPUTES: This promotion is intended for participation in the United States only. Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively in a federal or state court located in Ohio; entrant submits to sole and exclusive personal jurisdiction to said courts in the State of Ohio, for any such dispute and irrevocably waives any and all rights to object to such jurisdiction; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental and consequential damages, or any other damages, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Except where prohibited by law, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant or Sponsor in connection with this 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 or conflict of law rules of provisions (whether of the State of Ohio, the United States, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Ohio.

11. NO AFFILIATION WITH INSTAGRAM/STARBUCKS. This Sweepstakes is in no way sponsored, endorsed, administered by or associated with Instagram or Starbucks. Any questions, comments or complaints regarding the Sweepstakes should be directed to Sponsor, not to Instagram or Starbucks

12. WINNER: For the names of the winners, send a separate self-addressed, stamped envelope to: NYE in NYC Sweeps, c/o Amanda Williams,Marketing, 1 Express Drive, Columbus, OH 43230. Request must be received before December 31st, 2015.

13. SPONSOR: Express, LLC, 1 Express Drive, Columbus, OH 43230.