TJX REWARDS ACCESS NEW MEMBER HANDBAG SWEEPSTAKES
Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING.
PROMOTION DESCRIPTION:
The TJX Rewards Access New Member Handbag Sweepstakes (the “Promotion”) begins on or about April 1, 2017 at 12:00:00 a.m. Eastern Time (“ET”) and ends on or about March 31, 2018 at 11:59:59 p.m. ET (the “Promotion Period”). The Promotion consists of twelve (12) independent sweepstakes (each a “Monthly Sweepstakes”), one during each month of the Promotion Period (each such time period, a “Monthly Sweepstakes Period”) as more fully set forth below. After each Monthly Sweepstakes Period, one (1) winner for that Monthly Sweepstakes will be randomly selected from all of the eligible entries submitted during that Monthly Sweepstakes Period (each, a “Drawing”), for a total of up to twelve (12) winners in the Promotion, as more fully described below. Entries in one Monthly Sweepstakes will not be included in any other Monthly Sweepstakes. 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 The TJX Companies, Inc., 770 Cochituate Road, Framingham, MA 01701 (“Sponsor”), which shall be final and binding in all respects. Neither Synchrony Bank nor any of its affiliates is a sponsor of the Sweepstakes.
The TJX Rewards Access New Member Handbag Sweepstakes (the “Promotion”) begins on or about April 1, 2017 at 12:00:00 a.m. Eastern Time (“ET”) and ends on or about March 31, 2018 at 11:59:59 p.m. ET (the “Promotion Period”). The Promotion consists of twelve (12) independent sweepstakes (each a “Monthly Sweepstakes”), one during each month of the Promotion Period (each such time period, a “Monthly Sweepstakes Period”) as more fully set forth below. After each Monthly Sweepstakes Period, one (1) winner for that Monthly Sweepstakes will be randomly selected from all of the eligible entries submitted during that Monthly Sweepstakes Period (each, a “Drawing”), for a total of up to twelve (12) winners in the Promotion, as more fully described below. Entries in one Monthly Sweepstakes will not be included in any other Monthly Sweepstakes. 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 The TJX Companies, Inc., 770 Cochituate Road, Framingham, MA 01701 (“Sponsor”), which shall be final and binding in all respects. Neither Synchrony Bank nor any of its affiliates is a sponsor of the Sweepstakes.
ELIGIBILITY:
Only legal U.S. residents of the fifty (50) United States, the District of Columbia and, Puerto Rico who are eighteen (18) years of age or older, who have reached the age of majority in their state of residence as of the time of entry, and who are new registered members of the TJX Rewards Access Program because they either 1) have picked up a TJX Rewards Access Card at a T.J.Maxx, Marshalls or HomeGoods store but either have not registered their TJX Rewards Access card at www.tjxaccess.com (the “Website”) as of their date of entry, or have not completed their member profile at the Website as of their date of entry; 2) have registered for a digital TJX Rewards Access card on the Website within one of the Monthly Sweepstakes Periods; or 3) have a TJX Rewards Credit Card and have provided their email address in connection with the TJX Rewards Credit Card within one of the Monthly Sweepstakes Periods, are eligible to enter. 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 (i.e., parent, child, sibling, or spouse) and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.
Only legal U.S. residents of the fifty (50) United States, the District of Columbia and, Puerto Rico who are eighteen (18) years of age or older, who have reached the age of majority in their state of residence as of the time of entry, and who are new registered members of the TJX Rewards Access Program because they either 1) have picked up a TJX Rewards Access Card at a T.J.Maxx, Marshalls or HomeGoods store but either have not registered their TJX Rewards Access card at www.tjxaccess.com (the “Website”) as of their date of entry, or have not completed their member profile at the Website as of their date of entry; 2) have registered for a digital TJX Rewards Access card on the Website within one of the Monthly Sweepstakes Periods; or 3) have a TJX Rewards Credit Card and have provided their email address in connection with the TJX Rewards Credit Card within one of the Monthly Sweepstakes Periods, are eligible to enter. 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 (i.e., parent, child, sibling, or spouse) and/or people living in the same household are NOT eligible to enter the Sweepstakes or win a prize. This Sweepstakes is void where prohibited.
HOW TO ENTER: There are five ways to enter the Promotion:
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After Obtaining a TJX Rewards Access Card at a participating T.J.Maxx, Marshalls or HomeGoods store:
1. If you have already provided your email address at checkout or completed your registration form and submitted it to a store associate: If you have already provided your email address at checkout or completed the TJX Rewards Access Program registration form on the loyalty card carrier and submitted it to a store associate at a T.J.Maxx, Marshalls or HomeGoods store, you will receive an email inviting you to complete your profile on the Website. Once you have followed the link from the email, completed the required fields, and clicked “Register Now” you will receive one entry into the applicable Monthly Sweepstakes;
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2. If you have not completed the registration form in-store and instead chose to register online: If you obtained a TJX Rewards Access Card in-store but have not completed the registration form on the loyalty card carrier and submitted it to a store associate, visit the Website at www.tjxaccess.com and follow the links to “Join Now.” Once you have entered the loyalty number from your card, completed the required fields on the “Register Your Card” page and clicked the “Register Now” button, you will receive one entry into the applicable Monthly Sweepstakes;
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After Registering for a Digital TJX Rewards Access Card on the Website:
3. Once you have completed registration for a digital TJX Rewards Access card by visiting the Website and submitting the required information, you will receive one entry into the applicable Monthly Sweepstakes;
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After Providing Your Email Address in Connection with your TJX Rewards Credit Card:
4. If you signed up for a TJX Rewards Credit Card account, provided your email with your application, and checked the box to receive email communications from Synchrony Bank and The TJX Companies, Inc., upon approval of your account, you will receive one entry into the applicable Monthly Sweepstakes; or
- 5. If you have a TJX Rewards Credit Card and have not yet provided your email address or signed up to receive emails from The TJX Companies, Inc., provide your email address by either:
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- a. clicking the “Sign Up for Email” link at www.tjxrewards.com/ and submitting the required information on the form; or
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b. completing registration for the TJX Rewards Access loyalty program by clicking the “Get More Benefits” link on the
Website (www.tjxaccess.com) and submitting the required information on the form.
- Upon submission of either form, you will receive one entry into the applicable Monthly Sweepstakes.
LIMIT ONE (1) ENTRY PER PERSON, regardless of method of entry.
Non-winning entries in one Monthly Sweepstakes will not be entered in any subsequent Monthly Sweepstakes.
Each Monthly Sweepstakes Period will start and end as follows:
Start: 04/01/2017 at 12:00:00 a.m. ET
End: 04/30/2017 at 11:59:59 p.m. ET
Start: 05/01/2017 at 12:00:00 a.m. ET
End: 05/31/2017 at 11:59:59 p.m. ET
Start: 06/01/2017 at 12:00:00 a.m. ET
End: 06/30/2017 at 11:59:59 p.m. ET
Start: 07/01/2017 at 12:00:00 a.m. ET
End: 07/31/2017 at 11:59:59 p.m. ET
Start: 08/01/2017 at 12:00:00 a.m. ET
End: 08/31/2017 at 11:59:59 p.m. ET
Start: 09/01/2017 at 12:00:00 a.m. ET
End: 09/30/2017 at 11:59:59 p.m. ET
Start: 10/01/2017 at 12:00:00 a.m. ET
End: 10/31/2017 at 11:59:59 p.m. ET
Start: 11/01/2017 at 12:00:00 a.m. ET
End: 11/30/2017 at 11:59:59 p.m. ET
Start: 12/01/2017 at 12:00:00 a.m. ET
End: 12/31/2017 at 11:59:59 p.m. ET
Start: 1/01/2018 at 12:00:00 a.m. ET
End: 1/31/2018 at 11:59:59 p.m. ET
Start: 2/01/2018 at 12:00:00 a.m. ET
End: 2/28/2018 at 11:59:59 p.m. ET
Start: 3/01/2018 at 12:00:00 a.m. ET
End: 3/31/2018 at 11:59:59 p.m. ET
Each Monthly Sweepstakes Period will start and end as follows:
Start: 04/01/2017 at 12:00:00 a.m. ET
End: 04/30/2017 at 11:59:59 p.m. ET
Start: 05/01/2017 at 12:00:00 a.m. ET
End: 05/31/2017 at 11:59:59 p.m. ET
Start: 06/01/2017 at 12:00:00 a.m. ET
End: 06/30/2017 at 11:59:59 p.m. ET
Start: 07/01/2017 at 12:00:00 a.m. ET
End: 07/31/2017 at 11:59:59 p.m. ET
Start: 08/01/2017 at 12:00:00 a.m. ET
End: 08/31/2017 at 11:59:59 p.m. ET
Start: 09/01/2017 at 12:00:00 a.m. ET
End: 09/30/2017 at 11:59:59 p.m. ET
Start: 10/01/2017 at 12:00:00 a.m. ET
End: 10/31/2017 at 11:59:59 p.m. ET
Start: 11/01/2017 at 12:00:00 a.m. ET
End: 11/30/2017 at 11:59:59 p.m. ET
Start: 12/01/2017 at 12:00:00 a.m. ET
End: 12/31/2017 at 11:59:59 p.m. ET
Start: 1/01/2018 at 12:00:00 a.m. ET
End: 1/31/2018 at 11:59:59 p.m. ET
Start: 2/01/2018 at 12:00:00 a.m. ET
End: 2/28/2018 at 11:59:59 p.m. ET
Start: 3/01/2018 at 12:00:00 a.m. ET
End: 3/31/2018 at 11:59:59 p.m. ET
GENERAL ENTRY CONDITIONS:
All entries must be received by the end of the applicable Monthly Sweepstakes Period in order to participate in the Promotion. The Website’s database clock will be the official time keeper for this Promotion. All required information on the “Register Your Card” form must be completed to enter and to be eligible to win. Proof of entering entry information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise disclosed in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with the online privacy policy available at http://www.tjxaccess.com/Program/privacy. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process other than as contemplated by these Official Rules, is prohibited and any entry deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be declared invalid and disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entrycannot 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 Internet or other network users 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.
All entries must be received by the end of the applicable Monthly Sweepstakes Period in order to participate in the Promotion. The Website’s database clock will be the official time keeper for this Promotion. All required information on the “Register Your Card” form must be completed to enter and to be eligible to win. Proof of entering entry information at the Website is not considered proof of delivery to or receipt by Sponsor of such entry. Except as otherwise disclosed in these Official Rules, and to the extent entrants may otherwise elect at the time of entry, personal information collected in connection with the Promotion will be used in accordance with the online privacy policy available at http://www.tjxaccess.com/Program/privacy. Any communication or information transmitted to Sponsor by electronic mail or otherwise is and will be treated as non-confidential and nonproprietary. Furthermore, Sponsor shall have no liability for any entry that is lost, intercepted or not received by the Sponsor. Tampering with the entry process or the operation of the Promotion, including but not limited to the use of any device to automate the entry process other than as contemplated by these Official Rules, is prohibited and any entry deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be declared invalid and disqualified. In the event a dispute regarding the identity of the individual who actually submitted an entrycannot 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 Internet or other network users 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.
WINNER SELECTION:
On or about one (1) week after the close of each Monthly Sweepstakes Period, Sponsor (or its designee) will conduct one (1) Drawing to select one (1) winner from all eligible entries received during the applicable Monthly Sweepstakes Period. Each potential prize winner will be notified by e-mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential prize winner does not respond within three (3) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor (or its designee) may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
On or about one (1) week after the close of each Monthly Sweepstakes Period, Sponsor (or its designee) will conduct one (1) Drawing to select one (1) winner from all eligible entries received during the applicable Monthly Sweepstakes Period. Each potential prize winner will be notified by e-mail using the contact information provided at the time of entry. Sponsor shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. Time is of the essence in awarding the prize. If, despite reasonable efforts, a potential prize winner does not respond within three (3) days of the first notification attempt, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential prize winner, such potential prize winner will forfeit the applicable prize and an alternate prize winner may be selected. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the applicable prize for any reason prior to award, such potential prize winner will be disqualified and an alternate winner may be selected. Sponsor (or its designee) may successively attempt to contact up to two (2) potential prize winners of in accordance with such procedure, and if there is still no confirmed prize winner after such attempts have been made, if any, the applicable prize may go unawarded.
PRIZES/ODDS:
One (1) prize is available for each Monthly Sweepstakes, for a total of up to twelve (12) prizes in the Promotion. Each prize is one (1) handbag to be determined at Sponsor’s sole discretion (approximate retail value: $75-$150). An entrant may only win one (1) prize total in the Promotion. A non-winning entry in one Monthly Sweepstakes will not be entered in any subsequent Monthly Sweepstakes. Actual odds of winning each prize depend on the number of eligible entries received in the applicable Monthly Sweepstakes. No more than the advertised number of prizes will be awarded.
One (1) prize is available for each Monthly Sweepstakes, for a total of up to twelve (12) prizes in the Promotion. Each prize is one (1) handbag to be determined at Sponsor’s sole discretion (approximate retail value: $75-$150). An entrant may only win one (1) prize total in the Promotion. A non-winning entry in one Monthly Sweepstakes will not be entered in any subsequent Monthly Sweepstakes. Actual odds of winning each prize depend on the number of eligible entries received in the applicable Monthly Sweepstakes. No more than the advertised number of prizes will be awarded.
GENERAL PRIZE CONDITIONS:
Each entrant is only permitted to win one (1) prize. Product prizes may not be returned to T.J.Maxx, Marshalls or HomeGoods stores or eCommerce sites. 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. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. 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.
Each entrant is only permitted to win one (1) prize. Product prizes may not be returned to T.J.Maxx, Marshalls or HomeGoods stores or eCommerce sites. 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. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY INCOME TAXES OR OTHER TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES. 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.
FURTHER DOCUMENTATION:
Potential winners may be required to execute a Declaration of Eligibility, a Liability Release, 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 twenty-four (24) hours of receiving them or forty-eight (48) hours of prize notification, whichever is sooner, (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.
Potential winners may be required to execute a Declaration of Eligibility, a Liability Release, 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 twenty-four (24) hours of receiving them or forty-eight (48) hours of prize notification, whichever is sooner, (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.
GENERAL LIABILITY RELEASE/FORCE MAJEURE:
Entrants agree that the Promotion Entities and Synchrony Bank and its affiliates (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; 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, or 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 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 in a random drawing 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.
Entrants agree that the Promotion Entities and Synchrony Bank and its affiliates (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; 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, or 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 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 in a random drawing 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.
PUBLICITY RELEASE:
By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Entities from any liability with respect thereto.
By participating in the Promotion, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Promotion, each entrant irrevocably grants the Promotion Entities and their respective successors, assigns, and licensees, the right to use such entrant's name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Promotion and hereby releases the Promotion Entities from any liability with respect thereto.
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 MASSACHUSETTS 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 THE STATE OF MASSACHUSETTS.
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 MASSACHUSETTS 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 THE STATE OF MASSACHUSETTS.
ARBITRATION PROVISION:
By participating in this Promotion, each entrant agrees: (i) that any and all disputes the 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, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s 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; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
By participating in this Promotion, each entrant agrees: (i) that any and all disputes the 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, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in Massachusetts; (iv) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable entrant may have entered into in connection with the Promotion; (v) the arbitrator shall apply Massachusetts law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only entrant’s 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; (vii) the arbitrator shall not have the power to award punitive damages against the entrant or Sponsor; (viii) in the event that the administrative fees and deposits that must be paid to initiate arbitration against Sponsor exceed $125 USD, and entrant is unable (or not required under the rules of JAMS) to pay any fees and deposits that exceed this amount, Sponsor agrees to pay them and/or forward them on entrant’s behalf, subject to ultimate allocation by the arbitrator; (ix) if the entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com.
WINNERS 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: TJX Rewards Access New Member Handbag Sweepstakes, c/o Marketing Department; 770 Cochituate Road, Framingham, MA 01701. Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.
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: TJX Rewards Access New Member Handbag Sweepstakes, c/o Marketing Department; 770 Cochituate Road, Framingham, MA 01701. Please specify "winners list" or "Official Rules" and the name of the Promotion in your request.
