GUESS 35th Anniversary Sweepstakes

Official Rules

NO PURCHASE NECESSARY.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND ENTRANTS WAIVE THE ABILITY TO BRING CLAIMS IN A CLASS ACTION FORMAT.

1. Eligibility:  GUESS 35th Anniversary Sweepstakes (the “Sweepstakes”) is open only to individuals who are legal residents of and physically located in one (1) of the fifty (50) United States (or the District of Columbia), who are at least eighteen (18) years old at the time of entry.  Employees, officers and directors of GUESS?, Inc. and its parent and affiliate companies as well as the immediate family (i.e., spouse, in-laws, grandparents, parents, siblings grandchildren and children) and household members (whether legally related or not) of each are not eligible to enter or win a prize in this Sweepstakes.  Void where prohibited by law.  Participation constitutes entrant’s full and unconditional agreement to these “Official Rules” and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes.  Winning a prize is contingent upon fulfilling all requirements set forth herein.

2. Sponsor GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA  90021 (“Sponsor”).

3. Timing The Sweepstakes begins on or about 12:00 a.m. Pacific Time (“PT”) on March 10, 2017 and ends at 11:59 p.m. PT on April 13, 2017 (the “Promotion Period”).  However, the Promotion Period consists of five (5) separate entry periods (each an “Entry Period”), which are specifically detailed in the chart below.  All entries must be received by the end time and date (detailed in the chart below) for each respective Entry Period to be eligible for the corresponding drawing for that Entry Period.  Additionally, non-winning entries from one (1) Entry Period will not carry over to subsequent Entry Periods; provided, however, all entries submitted during any Entry Period will be included in the drawing for the Grand Prize.  Individuals who receive an entry during an Entry Period will be receiving an entry for the corresponding drawing based on the chart below as well as the Grand Prize drawing.

Entry Period Timing Chart

Entry Periods

Start Time/Date

End Time/Date

Drawing Date

#1

12:00 a.m. PT on March 10, 2017

11:59 p.m. PT on March 16, 2017

March 17, 2017

#2

12:00 a.m. PT on March 17, 2017

11:59 p.m.  PT on March 23, 2017

March 24, 2017

#3

12:00 a.m. PT on March 24, 2017

11:59 p.m. PT on March 30, 2017

March 31, 2017

#4

12:00 a.m. PT on March 31, 2017

11:59 p.m.  PT on April 6, 2017

April 7, 2017

#5

12:00 a.m. PT on April 7, 2017

11:59 p.m.  PT on April 13, 2017

April 14, 2017

Grand Prize Entry Period

12:00 a.m. PT on March 10, 2017

11:59 p.m. PT on April 13, 2017

April 14, 2017

All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s SOLE AND ABSOLUTE DISCRETION.  Sponsor’s designated computer is the official time-keeping device for the Sweepstakes.

4. How to Enter:  During the Promotion Period, visit www.GUESS.com/GUESS-35-sweeps (the “Website”) and follow the links and instructions to complete and submit the entry form with all required information.  You will automatically receive one (1) entry into the drawing for the applicable Entry Period of the Sweepstakes upon receipt of the entry form by Sponsor.  Receipt of an entry occurs when Sponsor’s servers record the entry information.  Limit on entries: Each participant may enter one (1) time per day during the Promotion Period.  For purposes of this Sweepstakes, a “day” begins at 12:00 a.m. PT and ends at 11:59 p.m. PT.  Multiple entrants are not permitted to share the same email address.  Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different email addresses, identities, registrations and logins, or any other methods will void that entrant’s entries and that entrant may be disqualified.  Use of any automated system (including, but not limited to, entries submitted using any bot, script, macro, or sweepstakes service) to submit entries is prohibited and will result in disqualification.  Entries originating at any other website are not permitted and will be disqualified.  In the event of a dispute as to any entry, the authorized account holder of the email address used to enter will be deemed to be the entrant, provided that person meets the eligibility requirements to participate in the Sweepstakes.  The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Each potential winner may be required to show proof of being the authorized account holder.  If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible.  The submission of an entry is solely the responsibility of the entrant.  Proof of sending (such as an automated computer receipt confirming delivery of email or “thanks for entering” message does not constitute proof of actual receipt by Sponsor of an entry for purposes of this Sweepstakes.  Only eligible entries actually received by Sponsor’s server before the end of the Promotion Period will be included in the Sweepstakes.  Illegible, unintelligible, incomplete, garbled, lost, late, misdirected, forged, altered, or mutilated entries will be disqualified.
 
5. Drawings and Odds For each Entry Period (excluding the Grand Prize Entry Period), Sponsor will randomly select seven (7) potential Sweepstakes winners from all eligible entries received for each Entry Period on or around the dates set forth in the chart in Section 3 above.  For the Grand Prize Entry Period, Sponsor will randomly select one (1) potential Sweepstakes winners from all eligible entries received during the Promotion Period on or around April 14, 2017.  The potential winner will be notified by email or phone (in Sponsor’s sole discretion) soon thereafter.  Receiving a prize is contingent upon compliance with these Official Rules.  Each potential winner (parent/legal guardian if winner is a minor in his/her state of residence) may be required to sign and return to Sponsor an Affidavit of Eligibility, Liability & Publicity Release (“Affidavit”) and provide any additional information (such as social security number) that may be required by Sponsor in order to claim his/her prize.  To be eligible to receive the prize and if required, the winner must return the Affidavit within three (3) days from the date the notice or attempted notice is sent.  If a potential winner cannot be contacted, fails to answer the skill-testing question correctly (if applicable), fails to sign and return the Affidavit within the required time period (if applicable), or prize is returned as undeliverable, the potential winner forfeits the prize.  In the event that a potential winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.  Odds of winning a prize depend on the number of entries received during each applicable Entry Period.  Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the potential winners are final and binding in all matters related to the Sweepstakes.

6. Prizes: 

                  (a)             Grand Prize [1]:  Sponsor will be awarding one (1) “Trip Prize” consisting of: (i) an American Express Prepaid cash card issued in the amount of $2,000 that winner must use towards the purchase of two (2) airline tickets to visit Los Angeles, California; (ii) a two (2)-night hotel stay (one (1) standard room based on double occupancy) for the winner and one (1) companion at the Fairmont Miramar Hotel and Bungalows in Los Angles, California, with an approximate retail value (“ARV”) of $950.00; (iii) a $500.00 Guess shopping card; and (iv) a visit to the Guess Headquarters in Los Angeles, California for winner and guest to each customize a pair of jeans, with an ARV of: 200.00.  The total ARV for the Trip Prize is: Three Thousand Six Hundred Fifty Dollars ($3,650.00) (USD).  Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations.  If the actual value of the prize is less than the stated ARV, the difference will not be awarded.  All travel arrangements must be made through the Sponsor or Sponsor’s designee.  Certain restrictions and blackout dates may apply.  The winner of the Trip Prize must travel as and when designated by Sponsor or the Trip Prize may be forfeited and an alternate randomly selected winner chosen.  

The Guess shopping card awarded in this Promotion is subject to gift card issuer’s terms and conditions that apply thereto and any terms and conditions set forth on the card itself.  The American Express Prepaid Cash card is subject to issuer’s terms and conditions applicable thereto.

It is the sole responsibility of Trip Prize winner to book their own airline tickets using the proceeds of the cash card for him/herself and their companion on dates required by Sponsor  It is the responsibility of the Trip Prize winner and his or her companion to provide proper documentation (including government issued picture identification).  All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion.  The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion.  All travel must be completed prior to December 1, 2017.  The Trip Prize winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules.  The Trip Prize is subject to hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto.  If in the judgment of Sponsor air travel is not required due to winner’s proximity to Trip Prize location, ground transportation will be substituted for roundtrip air travel at Sponsor’s sole and absolute discretion.  The difference in value will not be awarded to the Trip Prize winner. 

Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations.  Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay.  No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor.  Additional prize award details and travel information to be provided to the Trip Prize winner at the time of Trip Prize notification.   Trip Prize winner and companion is responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.  The Trip Prize winner may be required to provide a credit card at the time of hotel check-in.  Companion(s) of Trip Prize winner must be at least the age of majority in his or her state/province of residence as of the date of departure.  Travel companion must execute liability/publicity releases prior to issuance of travel documents.  Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion.  Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s transportation carrier(s) of choice.  Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.  All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize winner’s responsibility, including, but not limited to: hotel taxes, ground transportation at the Trip Prize winner’s destination(s), travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges.  Transportation carrier and hotel regulations and conditions apply.  Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize winner.

 

 

Runner-up Prizes [35]: Each Runner-up prize winner will get to choose one (1) prize from the following list that is part of the GUESS Originals Collection:

STYLE

NO

CLASS NAME

STYLE #

DESC

COLOR

1

1

Graphic Teeshirts

W63I1JK1DA1

SL CLASSIC LOGO TANK

TWHT

2

2

Graphic Teeshirts

W63I1IK19U3

SS CLASSIC RINGER TE

TWHT

3

3

Graphic Teeshirts

W71P91K5DA0

CROPPED WASHED RACERBACK ORIG

INMU

4

4

Graphic Teeshirts

W71P93K1DA0

CROPPED RACERBACK TANK ORIG

JBLK

5

5

Graphic Teeshirts

W71Q34K3GD1

CROPPED SWEATSHIRT O

H9A6

 

6

Graphic Teeshirts

W71Q34K3GD1

CROPPED SWEATSHIRT O

TWHT

6

7

Graphic Teeshirts

W71P90K1DA0

SL BODYSUIT ORIG

JBLK

7

8

Graphic Teeshirts

W71P89K5DA0

SL WASHED BODYSUIT O

INMU

8

9

Graphic Teeshirts

W71I0IK5DD0

REWORKED LONG LINE TEE ORIG

JBTW

9

10

Graphic Teeshirts

W71I0CK5DD0

SS CLASSIC RINGER TE

F7J7

 

11

Graphic Teeshirts

W71I0CK5DD0

SS CLASSIC RINGER TE

G532

 

12

Graphic Teeshirts

W71I0CK5DD0

SS CLASSIC RINGER TE

TWHT

10

13

Ss Knit Tops

W72P50K5HU0

MARY KNIT

SF57

11

14

Knit Dresses

W72K59K5HU0

EU ISLA DRESS

SF57

12

15

SS Woven Denim Shirts

W71H79R2I80

LONG LINE SHIRT W/ LASER DETAIL

LWLD

13

16

SS Woven Denim Shirts

W71H0PR2I80

TIE FRONT SHIRT W/ LASER DETAIL

LWLD

14

17

Denim Jackets Vests

W71N91R2HO0

90S ICON JACKET W/ APPLIQUE

MEDW

15

18

Denim Jackets Vests

W71N91R2HO1

LONG LINE DENIM VEST W PATCHES

MWWP

16

19

Denim Jackets Vests

W71N42R2HO0

ASYMMETRICAL BOMBER W/ PATCHES

MWWP

17

20

Fashion Prem Denim Jeans

W71AC4R2I91

1981 SKINNY

LTW4

18

21

Fashion Prem Denim Jeans

W71AC4R2I90

1981 SKINNY W/ PATCHES

AWWP

19

22

Fashion Prem Denim Jeans

W71A00R2I70

BAGGY HIGHWAIST BLK/WHITE

BWWW

20

23

Fashion Prem Denim Jeans

W71A00R2HO0

BAGGY HIGHWAIST W/ APPLIQUE

MEDW

21

24

Fashion Prem Denim Jeans

W71A53R2HO3

BOILER SUIT W/ APPLIQUE

MEDW

22

25

Fashion Prem Denim Jeans

W71D53R2I70

DUNGAREES BLK/WHITE

BWWW

23

26

SS Knit Tops

M71I53K44I2

SS OVRSZD SWISH LOGO TEE

TWHT

 

27

SS Knit Tops

M71I53K44I2

SS OVRSZD SWISH LOGO TEE

JBLK

24

28

LS Knit Tops

M71P87R44I0

LS GUESS 81 ST JAMES CREW

G720

25

29

Teeshirts

M64I93K2X8

S/S CLASSIC OS LOGO TEE

VIHE

 

30

Teeshirts

M64I93K2X8

S/S CLASSIC OS LOGO TEE

TWHT

26

31

Denim Jackets Vests

M71XN1R2KZ1

DILLON DENIM JACKET

TVI2

27

32

Fashion Prem Denim

M71AR5302L0

SELVEDGE REGULAR TAPER - 30

TVWI

28

33

Fashion Prem Denim

M71AR5302L0

SLIM TAPERED CARPENTER - 32

TVWI

29

34

Fashion Prem Denim

M71AS2R2L00

SELVEDGE SLIM TAPERED - 30

HWWI

30

35

Fashion Prem Denim

M71AS2R2L00

SELVEDGE SLIM TAPERED - 32

HWWI

31

36

Fashion Prem Denim

M71AS2R2L10

SLIM TAPERED CARPENTER

CLK2

32

37

Eyewear

GU 7498 W

VINTAGE GUESS

66F

33

38

Womens Watches

U0979L1

ORIGINAL WHITE

NC

34

39

Womens Watches

U0979L2

ORIGINAL BLACK

NC

35

40

Womens Watches

U0979L3

ORIGINAL RED

NC

36

41

Womens Watches

W0979L1

ORIGINAL WHITE

NC

37

42

Womens Watches

W0979L2

ORIGINAL BLACK

NC

38

43

Womens Watches

W0979L3

ORIGINAL RED

NC

44

49

Handbag

VY453522

DELANEY SMALL CLASSIC

BLA

 

50

Minibag

VY453577

DELANEY PETITE TOTE

BLA

 

51

Small Leather Good

VY453546

DELANEY LARGE ZIP AROUND

BLA

 

52

Handbag

SY453522

DELANEY SMALL CLASSIC

BRO

 

53

Minibag

SY453577

DELANEY PETITE TOTE

BRO

 

54

Small Leather Good

SY453546

DELANEY LARGE ZIP AROUND

BRO

 

55

Handbag

VY453522

DELANEY SMALL CLASSIC

COG

 

56

Minibag

VY453577

DELANEY PETITE TOTE

COG

 

57

Small Leather Good

VY453546

DELANEY LARGE ZIP AROUND

COG

45

58

Handbag

VG642236

BOBBI TOTE

BML

 

59

Handbag

VG642236

BOBBI TOTE

TNM

 

60

Handbag

VG642223

BOBBI TOTE

BML

 

61

Handbag

VG642223

BOBBI TOTE

TNM

Each item listed above has an ARV that ranges from $39.00 to $228.00.

Terms Applicable To All Prizes:  Prizes are non-transferable, with no cash redemptions and no substitution will be made except at the Sponsor’s sole discretion.  All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion.  Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason.  All prizes are awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose).  Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether they, in whole or in part, are used.  The ARV of each prize is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law.  The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prizes will be awarded for tax reporting purposes.  An IRS Form 1099 may be issued in the name of winners, or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received.  Unclaimed prizes will be forfeited.  Prizes, if legitimately claimed, will be awarded.  Sponsor is not responsible for and will not replace any lost, mutilated or stolen prizes or any prize that is undeliverable or does not reach the winner because of an incorrect or changed address.  If the winner does not accept or use the entire prize, the unaccepted or unused part of the prize will be forfeited and Sponsor will have no further obligation with respect to that prize or portion of the prize.  No more than the stated prizes will be awarded.  The winner is strictly prohibited from selling, auctioning, trading or otherwise transferring any part of the prize.  Sponsor is not responsible for and winner will not receive the difference, in any, between the actual value of the prizes at the time of award and the stated ARV in these Official Rules or in any Sweepstakes-related correspondence or material.  Prizes will only be mailed to each verified winner’s physical mailing address (no P.O. Boxes) in one (1) of the fifty (50) United States or the District of Columbia, except in Sponsor’s sole and absolute discretion.  Limit: One (1) prize per person for the entire Sweepstakes.  The total ARV for all prizes awarded in this Sweepstakes is up to: $11,630, but the ultimate total ARV of all prizes will ultimately depend on the specific item chosen by each winner.  Prizes will be fulfilled approximately 8-10 weeks after the conclusion of the Sweepstakes.
 
7. Release:  By entering, entrants agree to release, indemnify, defend and hold harmless Sponsor, its parent company and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each such company’s officers, directors, employees and agents (collectively, the “Released Parties”) from and against any and all claims, liability, costs (including attorneys’ fees), losses, damages, fines or injuries (up to and including bodily injury and death) of any kind arising out of or related to: (i) entrants’ participation in the Sweepstakes (including travel to/from any Sweepstakes activity); (ii) any acceptance, possession, misuse or use of any prize (including, without limitation, losses, damages or injuries to entrant’s or any other person’s equipment or other property, or to their persons, including those arising from any travel to/from any prize event or activity); (iii) the Released Parties’ violation of rights of publicity or privacy, claims of defamation or portrayal in a false light or based on any claim of infringement of intellectual property; and (iv) any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize.

8. Publicity:  Except where prohibited by law, participation in the Sweepstakes constitutes each winner’s irrevocable consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, statements, opinions and/or hometown and state or province for advertising and/or promotional purposes, in any media and by all manners (now and hereafter known), worldwide, in perpetuity, without further payment, notice or consideration except for the awarding of the prizes to the winners.

9. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures, human error or any other factor impairs the integrity or proper functioning of the Sweepstakes.  In such event, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner.  Sponsor reserves the right, at its sole discretion, to disqualify any individual found to be: (a) violating the Official Rules; or (b) violating the terms of service, conditions of use and/or general rules or guidelines of any Sponsor property or service.  Any person who supplies false information, obtains entries by fraudulent means, or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize will forfeit any prize won and may be prosecuted to the full extent of the law.  Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.  Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.  The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing, electronic or human errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications or entry information, any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing; (3) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (4) unauthorized human intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (6) late, lost, undeliverable, damaged or stolen mail; or (7) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize; or (8) late, lost, misdirected, illegible, incomplete or mutilated entries or for theft, destruction or unauthorized access to, or alteration of entries.  If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, if it is possible.  If the Sweepstakes, or any part of it, is discontinued for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein.  No more than the stated number of prizes will be awarded.  In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, un-awarded, eligible prize claims.

10.  Governing Law / Limitation of Liability:  All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor or the Released Parties in connection with the Sweepstakes will be governed by and construed in accordance with the internal laws of the State of California, without giving effect to any choice or conflict of law rules that would cause application of any other state’s laws.

BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (A) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (B) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS, BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (C) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (D) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU. 
11.  Dispute Resolution:  The parties each agree to finally settle all disputes only through arbitration; provided, however, the Sponsor shall be entitled to seek injunctive or equitable relief in the state and federal courts in Los Angeles County, California and any other court with jurisdiction over the parties.  The arbitrator’s decision and award is final and binding, with limited exceptions, and judgment on the award may be entered in any court with jurisdiction.  The parties agree that, except as set forth above, any claim, suit, action or proceeding arising out of or relating to this Sweepstakes shall be resolved solely by binding arbitration before a sole arbitrator under the streamlined Arbitration Rules Procedures of JAMS Inc. (“JAMS”) or any successor to JAMS.  In the event JAMS is unwilling or unable to set a hearing date within 14 days of the filing of a “Demand for Arbitration”, then either party can elect to have the arbitration administered by the American Arbitration Association (“AAA”) or any other mutually agreeable arbitration administration service.  If an in-person hearing is required, then it will take place in Los Angeles, CA; provided, however, if none of these locations are convenient for the hearing, the parties may mutually agree on an alternative location.  The federal or state law that applies to these Official Rules will also apply during the arbitration.  Disputes will be arbitrated only on an individual basis and will not be consolidated with any other proceedings that involve any claims or controversy of another party, including any class actions; provided, however, if for any reason any court or arbitrator holds that this restriction is unconscionable or unenforceable, then the agreement to arbitrate doesn’t apply and the dispute must be brought in a court of competent jurisdiction in Los Angeles County, California.  Sponsor agrees to pay the administrative and arbitrator’s fees in order to conduct the arbitration (but specifically excluding any travel or other costs of entrant to attend the arbitration hearing).  Either party may, notwithstanding this provision, bring qualifying claims in small claims court.

12.  Entry Information and Sweepstakes Communications:   As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and to comply with applicable laws, regulations and rules.  Any information entrant provides to Sponsor may be used to communicate with entrant in relation to this Sweepstakes or on a Sweepstakes winner’s list.  Information collected from entrants is subject to the Sponsor’s Privacy Policy, available at http://shop.guess.com/PrivacyPolicy/.

13.  Winner’s List/Official Rules Requests:   To receive a list of winners, send a stamped self-addressed envelope prior to September 1, 2017 to: “Guess 35th Anniversary Sweepstakes” Winner’s List, GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA 90021 (Attn: Marketing).  For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to: “Guess 35th Anniversary Sweepstakes” Official Rules, GUESS?, Inc., 1444 South Alameda Street, Los Angeles, CA 90021 (Attn: Marketing) prior to the end of the Promotion Period.

14.  Miscellaneous:  The invalidity or unenforceability of any provision of these Official Rules or the Affidavit will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or the Affidavit is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  Entrants agree to waive any rights to claim ambiguity of these Official Rules.  Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion. 

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