Last Updated August ___, 2010
BEFORE PARTICIPATING IN THE NINE WEST MOBILE MESSAGING PROGRAM, PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY, AS THEY GOVERN YOUR USE OF THE SERVICES PROVIDED IN CONNECTION WITH THE NINE WEST MOBILE MESSAGING PROGRAM.
By submitting your phone number to Nine West to participate in the Program, you are agreeing to become a member of the Nine West Mobile Messaging Program and receive periodic mobile marketing text messages from Nine West, its affiliates, and service providers sending text messages on their behalf. There are no charges from Nine West for mobile services, however, depending on your wireless plan, your carrier may charge you to receive these messages. The Nine West Mobile Messaging Program supports these carriers: Alltel, Nextel/Sprint, T-Mobile, Verizon Wireless, AT&T and other smaller regional carriers.
Participation in the Program. You agree that you will comply with these Terms and Conditions and that you will not use the Program in any manner that is prohibited by these Terms and Conditions or is otherwise unlawful. We reserve the right, in our sole discretion, to terminate or suspend your access to, and/or use of, the Program, or any portion thereof, at any time, with or without notice and for any reason (or no reason).
Participation by Minors. The Program is not intended for use by children, especially those under the age of 13. No one under age 13 is allowed to provide any personal information. Minors between the ages of 13 and 17 must obtain permission from their parents or legal guardian(s) before participating in the Program. By registering for the Program, you are confirming that you are at least 13 years of age.
Termination and Opting Out of the Program. Nine West may terminate the Program with or without notice to you. You may terminate your participation and opt-out of future Nine West text messages by replying to a text message from us or sending a text to our short number, 25179, with the word “STOP” or calling our customer service representatives at (800) 999-1877. You will receive an OPT-OUT confirmation message and will not receive any additional messages until you re-register on our website OR you initiate additional text requests to the 25179 short code.
Contact Information. You represent that the cell phone number that you use to subscribe to the Program is registered in your name, and that you are a wireless subscriber of an active account with a participating carrier, and agree that you will not initiate messages to the cell phone of any other person or entity. Before changing your cell phone number, you agree to reply STOP to our text messages so that any person who subsequently obtains your telephone number does not continue to receive messages from us. For help, call (800) 999 - 1877.
No Warranties. Nine West’s Mobile Messaging Program is provided on an "AS IS", "AS AVAILABLE" basis. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR SOLE DISCRETION AND RISK. WE AND OUR SUPPLIERS HEREBY DISCLAIM ANY AND ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, ORAL OR WRITTEN, INCLUDING, WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, REASONABLE CARE, COMPATIBILITY, SECURITY, QUALITY, TIMELINESS, AVAILABILITY, COMPLETENESS, RELIABILITY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPOSE (WHETHER OR NOT WE AND/OR ANY OF OUR SUPPLIERS KNOW, HAVE REASON TO KNOW, HAVE BEEN ADVISED, OR ARE OTHERWISE IN FACT AWARE OF ANY SUCH PURPOSE), IN EACH INSTANCE IN RESPECT OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). FURTHERMORE, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF TITLE AND/OR NON-INFRINGEMENT IN RESPECT OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ALL CONTENT). WE MAKE NO REPRESENTATION THAT MATERIALS OR CONTENT AVAILABLE THROUGH THE PROGRAM ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES AND ACCESS TO THEM FROM TERRITORIES WHERE THEIR CONTENTS ARE ILLEGAL IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW IMPLIED WARRANTIES TO BE EXCLUDED OR MODIFIED, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU.
Limitation of Liability. EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT WILL NINE WEST, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS BE LIABLE FOR (A) ANY DAMAGES OF ANY NATURE WHATSOEVER RESULTING FROM, OR RELATED TO, THE LOSS, DELAY OR INABILITY TO USE THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), THE LOSS OF ANY CONTENT OBTAINED THROUGH THE PROGRAM, AND/OR (B) ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS AND/OR OTHERWISE ARISING OUT OF THE USE OR PERFORMANCE OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT), IN EACH OF (A) AND (B) ABOVE WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE AND EVEN IF NINE WEST, ITS PARENTS, AFFILIATES, AND/OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ALL EVENTS, NINE WEST'S AGGREGATE LIABILITY FOR CLAIMS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AND CONDITIONS AND/OR THE USE OR PERFORMANCE OF THE PROGRAM (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE SHALL BE LIMITED TO THE GREATER OF (A) $50.00, OR (B) THE AMOUNT YOU PAID TO ACCESS THE PROGRAM DURING THE THREE (3) MONTH PERIOD PRIOR TO THE ACCRUAL OF THE CLAIM, IF ANY. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF SOME TYPES OF DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
Miscellaneous. These Terms and Conditions including, without limitation, any other terms and conditions that may appear on the Program from time-to-time, contain the full understanding with respect to your participation in the Program and supersede all prior agreements, terms, conditions and understandings, both written and oral, with respect to such participation in the Program. WE MAY ADD ADDITIONAL TERMS AND CONDITIONS THAT GOVERN YOUR PARTICIPATION IN THE PROGRAM BY POSTING SUCH TERMS AND CONDITIONS ON www.ninewest.com. In addition, we may revise these Terms and Conditions at any time. If you object to any of these Terms and Conditions or any subsequent changes, you may not participate in the Program.
NINE WEST MOBILE MESSAGING
“TEXT TO WIN" SWEEPSTAKES
NO PURCHASE OR USE OF WIRELESS SERVICE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR USE OF WIRELESS SERVICE WILL NOT INCREASE YOUR CHANCES OF WINNING.
- ELIGIBILITY: This Sweepstakes is open only to legal residents of the fifty United States and the District of Columbia, who are 13 years of age or older at the time of entry and who are not current members of Nine West’s Mobile Messaging program. You need not be present to win. Employees (and their immediate families or those living in the same household) of JAG Footwear, Accessories & Retail Corporation (“Sponsor”) and its respective affiliates, subsidiaries, divisions, parents and related companies, suppliers, printers and advertising, promotional and judging agencies are not eligible to enter or win.
- HOW TO ENTER: Sweepstakes begins at 12:0l a.m. EDT on October 8, 2010 and ends at 11:59 p.m. EDT on October 17, 2010. You may enter this Sweepstakes via either the text messaging, on line, or mail in entry methods described below. Regardless of entry method you may enter only once. All entries must be received by 11:59 p.m. EDT of the last day of the Sweepstakes, i.e. October 17, 2010. Proof of depositing entry in mail is not considered proof of delivery or receipt. No photocopied or mechanically reproduced entries will be accepted. Illegible, incomplete and duplicate entries will be disqualified. Entries will not be accepted from post office boxes. All entries become the property of Sponsor and will not be returned.
- TEXT MESSAGE ENTRY METHOD: Beginning on October 8, 2010, you may enter the Sweepstakes by texting the keyword “SWEEPEM” from your mobile phone to the number 25179. You will be automatically enrolled in the Nine West Mobile Messaging Program and entered into the Sweepstakes. Entrants who re-enroll with an existing enrolled cell phone number will be disqualified. Limit of 1 entry per person. Text messaging method of entry requires 2-way text messaging capable phone and digital service. Text messaging is not available in all areas in the U.S. Each text message sent to or received by a service subscriber of any participating wireless carrier will incur a standard messaging charge, in accordance with that carrier’s Terms and Conditions applicable to such customer’s particular rate plan and a premium text messaging charge. Each wireless carrier’s rate plan may vary, and entrants should contact their wireless carrier for information on messaging rate plans and charges relating to your participation in this Sweepstakes.
In the event of a dispute regarding the identity of the person submitting a text message entry, the entry will be deemed submitted by the authorized account holder of the mobile phone number submitted at the time of entry. The authorized account holder is the natural person who is assigned to the mobile phone number by the organization that is responsible for assigning the mobile phone number. Potential winners may be required to show proof of being the authorized account holder. By participating in this Sweepstakes, you agree to receive a text message to your phone advising you if you won. To NOT receive this message, text the word STOP to 25179. By texting the word “STOP,” entrants will be opting themselves out of the program and, in turn, disqualifying themselves from entering the Sweepstakes via the Text Message Entry Method.
- ON-LINE ENTRY METHOD: Alternatively, you may enter the Sweepstakes via the Internet by logging on to http://ninewestmobile.hipcricket.com/NineWest_SignupProfileEandP.asp?smenu=1 and following the entry directions which include enrolling in the Nine West Mobile Messaging Program. You may be required provide some or all of the following information: your name, address, city, state, zip code, telephone number, date of birth and e-mail address. On-line entrant must be the registered subscriber of the e mail account by which the entry is made. 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 (as specified by the Internet Service Provider) used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant. Entries made by any individual or any entity other than the named entrant and/or originating at any other Internet Website, including (but not limited to) commercial sweepstakes subscription notification and/or entering service sites are void.
- MAIL-IN ENTRY METHOD: Alternatively, you may enter the Sweepstakes without enrolling the Nine West Mobile Messaging Program by hand printing the words “Nine West Mobile Messaging Text To Win” Sweepstakes, your name, address, city, state, zip code, telephone number, date of birth, and e-mail address (if applicable) on a 3”x 5” card and mailing it to: “Nine West Mobile Messaging Text To Win” Sweepstakes, 1129 Westchester Avenue, White Plans, NY 10604. Providing your e-mail address does not sign you up to receive e-mail marketing communication from Nine West. It will only be used if we cannot contact you via phone to notify you of winning the sweepstakes.
- PRIZES AND APPROXIMATE RETAIL VALUE: There will be five (5) Prizes awarded. Each Prize consists solely of a Nine West gift card with an approximate retail value of $100.00. The total approximate retail value of all prizes is $500.00. All federal, state, and local tax liabilities are the sole responsibility of the Winners. No transfer, substitution, or cash equivalent for the Prize is permitted, except by Sponsor in its sole discretion. The Gift Cards are subject to terms and conditions specified by JAG Footwear, Accessories & Retail Corporation. Such conditions may include one or more of the following: cards may not be redeemable for cash or used for payment on accounts, for the payment for prior purchases, and may be non-refundable; cards may contain expiration dates, and may be redeemable only by legal residents of the United States.
- RANDOM DRAWING: A total of five (5) Prize Winners will be selected in a random drawing from among all eligible entries, on or about October 18, 2010 by judges selected by Sponsor, whose decisions are final and binding in all matters relating to this Sweepstakes. The Prizes are guaranteed to be awarded. Only one Winner per household is permitted. The Winner will be notified by telephone, e-mail or mail service.
- PRIZE CONDITIONS: Winners will be required to execute and return an Affidavit of Eligibility and Publicity/Liability Release within seven (7) days of its receipt. Failure to return all required documents in this time period may result in the Winner being disqualified and an alternate Winner selected. If a prize notification is returned to Sponsor as undeliverable or if an entrant is found to be ineligible or declines acceptance of the Prize for any reason, an alternate Winner will be selected. By entering this Sweepstakes and/or accepting the Prize, Winner and entrant hereby consent (except where prohibited by law) to the use by Sponsor of the Winners’ and entrants’ name, age, photograph, voice, likeness and/or image, and hometown address without any further compensation for any future promotional activity related to this Sweepstakes.
- ODDS OF WINNING: Odds of winning a Prize depend on the total number of eligible entries received for the Sweepstakes and are equal regardless of method of entry.
- CONDUCT OF PARTICIPATION: By entering the Sweepstakes, entrant affirms that he or she has read and agrees to abide by the Official Sweepstakes Rules and the decisions of the judges. Sponsor reserves the right to disqualify any entrant acting in violation of the Official Rules or found tampering with the entry process or with the operation of the Sweepstakes or the website. The Sweepstakes is governed by the laws of the United States and, by entering, all Winners and entrants hereby submit to the jurisdiction and venue of the federal, state and local courts located in New York, New York. ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW.
- LIMITATIONS OF LIABILITY: Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, are not responsible for any incorrect or inaccurate entry information, theft, tampering, destruction, or unauthorized access to, or alteration of entries; printing or other errors; and any entries or mail which are late, lost, delayed, incomplete, misdirected, stolen, mutilated, illegible, postage due or any combination thereof, whether due to system errors, omissions, interruptions, deletions, defects, delays in operations or transmissions, theft or destruction or failures, faulty transmissions or other telecommunications malfunctions, entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, failed, incomplete or garbled computer or telephone transmissions, typographical or system errors, or otherwise. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event that it becomes necessary due to circumstances beyond Sponsor’s control. In the event the Sweepstakes is terminated early, a winner will be selected from all eligible entries received at the time of termination.
- RELEASE OF LIABILITY: By participating, Winner and entrants agree to release, discharge, indemnify and hold harmless Sponsor and each of its respective affiliates, subsidiaries, parent corporations, and their officers, directors, employees, representatives and agents from and against any claims made by the Winner, entrants or any other third parties related in any way to the operation of this Sweepstakes, as well as any other claims, damages or liability due to any injuries, damages or losses (whether alleged, threatened, or actual) to any person or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, misuse or use of any prize or participation in this Sweepstakes.
- WINNERS LIST: For an Official Winners List (available after December 31, 2010) or a copy of these Official Rules, send a self-addressed, stamped envelope to: “Nine West Mobile Messaging Text To Win” Sweepstakes - WINNERS - or - OFFICIAL RULES (please specify), c/o Marketing Department, 1129 Westchester Avenue, White Plans, NY 10604. All requests must be received by April 30, 2011.
- SPONSOR: JAG Footwear, Accessories & Retail Corporation, 1129 Westchester Avenue, White Plans, NY 10604.
THIS SWEEPSTAKES IS VOID OUTSIDE THE FIFTY UNITED STATES AND WHERE PROHIBITED OR RESTRICTED BY LAW.
© 2010 (JAG Footwear, Accessories & Retail Corporation). All rights reserved.