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Abercrombie Wedding Shop Giveaway

Terms & Conditions (the “Official Rules”)

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

SPONSOR & ADMINISTRATOR:Abercrombie & Fitch Stores, Inc., 6301 Fitch Path, New Albany, OH 43054 (“Administrator” or “A&F”) and

PRIZE PARTNER:McLaren Racing Limited, McLaren Technology Centre, Chertsey Road, Woking GU21 4YH (“Prize Partner” or “McLaren”).

ELIGIBILITY:The Abercrombie Wedding Shop Giveaway (“Sweepstakes“) is open only to legal residents of the United States, District of Columbia and at least eighteen (18) years old at the time of entry. Void in Rhode Island and where prohibited. Proof of residency and age may be required. Employees and directors and their immediate family and household members (parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouse, regardless of where they live, or persons living in same household at least three months a year, whether related or not) of Abercrombie & Fitch Stores Inc., its parent companies, subsidiaries, divisions, affiliates, contractors, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engaged in the development, design, production, execution or distribution of this Sweepstakes are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, provincial and local laws and regulations. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Entries may be void due to legal constraints as determined by Administrator’s in its sole discretion (e.g., Sweepstakes is ineligible to be offered in a given jurisdiction, or prize cannot be shipped to a given address or jurisdiction). Winning a prize is contingent upon fulfilling all requirements set forth herein and at Administrator’s sole discretion as to meeting eligibility criteria.

TIMING:The Sweepstakes begins on Thursday March 28th, 2024 at 10:00:00 AM Eastern Standard Time (“EST“) and ends Thursday, April 4th, 2024 at 11:59:59 PM EST (the “Sweepstakes Period“). Administrator’s database computer is the official time-keeping device for the Sweepstakes.

HOW TO ENTER:You must have a Tik Tok account to participate. If you do not have a Tik Tok account, it is free to create one. During the Sweepstakes Period, Participants must: (1) identify the Sweepstakes Post on Abercrombie’s official Tik Tok handle (@abercrombie); (2) like the Sweepstakes Post; and (3) tag three friends in the comments of the Sweepstakes Post with a palm tree emoji (“Entry“). Limit one (1) Entry per person. See Winner Selection & Notification/Verification below for more details. All potential winners are subject to verification before any prize will be awarded. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Tik Tok.

Irrelevant or inappropriate Entries you post will not be accepted or considered for the Sweepstakes. Use of any automated system to enter is prohibited and will result in disqualification. Administrator has the sole discretion on decisions to remove content it deems is in violation of the “Posting Guidelines“ listed below. Entries you post may be open to public commentary, which participant acknowledges is not under the Administrator’s direct control. Administrator shall not be responsible for any public commentary made in connection with an Entry. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected Entries, all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle used to enter will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.

Except in Canada, by entering, you may be signed up to receive marketing e-mails from Abercrombie & Fitch. You may opt out at any time from receiving marketing e-mails by following the instructions in the e-mails sent to you.

WINNER SELECTION AND NOTIFICATION/VERIFICATION:On or around April 5th, 2024, (actual date of drawing subject to change), Administrator will randomly select one (1) Winner from among all eligible Entries. Odds of winning depend on the number of eligible entries received and will vary based on participation.

Each potential winner will be notified via direct message from @abercrombie’s official Tik Tok account with a request to verify his/her win. The potential winner will be required to respond to Administrator within two (2) days of when the initial notification was sent and will be required to confirm several pieces of information to verify their win. Each potential winner may be required to sign and return an affidavit (U.S.) or declaration (Canada) of eligibility and liability and/or publicity release. Each potential winner, if a U.S. taxpayer, may also be required for tax purposes to submit a W-9 tax form, and if a Canada taxpayer a W-8 BEN form. If a potential winner is deemed a minor in their place of residence, a parent or legal guardian must sign any required documents. If the potential winner does not respond to the message within two (2) days of when the initial notification message was sent, or refuses to confirm the requested information, then the potential winner may be disqualified and forfeit his/her right to the prize. If a potential winner is found to be ineligible, fails to respond or refuses to confirm the requested information, an alternate winner may be selected from the pool of eligible entries. Administrator will attempt to contact a commercially reasonable number of alternate winners per prize, and if there is still no confirmed winner after such commercially reasonable attempts have been made, the applicable prize may go unawarded. Any potential winner from Canada must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion.

PRIZES:One (1) verified winner (“Winner“) will receive one (1) Abercrombie Gift Card valued at four-hundred USD ($400.00).

Individual Approximate Retail Value (“ARV“):USD$400.00

Total ARV:USD$400.00

Each verified winner is responsible for all federal, state, provincial and local taxes and fees which may be associated with prize receipt and/or use.

No cash or other substitution, assignment or transfer of the Prize permitted, except by Administrator, who reserves the right to substitute a Prize with cash or another prize of comparable or greater value. Any such substitution is not guaranteed and is at Administrator’s sole discretion. Prizes will be awarded “as is“ with no warranty or guarantee, either express or implied, offered by Administrator other than any standard warranty from the manufacturer, if any. Prize values are estimated as of the start of the Sweepstakes Period. In the event that the actual prize value at the time of award is less than the individual ARV listed in these Official Rules, Winners will not be entitled to any cash refund for the remainder of the indicated ARV. In the event that the actual prize value at the time of award is more than the individual ARV listed in these Official Rules, the Winners shall be solely responsible for any tax consequences arising therefrom.

GENERAL RULES OF PARTICIPATION:This Sweepstakes is subject to all applicable federal, state, provincial and local laws, and is void where prohibited or restricted by law. By participating in this Sweepstakes, the entrant agrees: (a) to abide by and be bound by these Official Rules and decisions of Administrator which shall be final in all respects relating to the Sweepstakes, including without limitation the interpretation of these Official Rules; (b) to abide by and be bound by any terms of use, privacy policies, or other policies of any social media platform; (c) to the extent allowed by applicable law, the laws of the United States and the State of Ohio apply to and govern this Sweepstakes and any claims must be raised and resolved in the federal or state courts located in Columbus, OH, United States; (d) if, for any reason whatsoever, this Sweepstakes, in Administrator’s sole opinion, is not capable of running as planned, including, but not limited to, to comply with legal requirements or by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Administrator’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Administrator in its sole discretion; (e) if such cancellation, termination, modification or suspension occurs, notification will be posted on the page where the Sweepstakes is listed; (f) Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Sweepstakes, or to be acting in violation of the terms of this or any other Sweepstakes; (g) any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law; (h) Administrator is not responsible for late, incomplete, misdirected, delayed, or undelivered entries, or entries not timely received due to telephone failures, Internet or website failures and disruptions, and ISP problems; (i) submission of incomplete information may result in disqualification of entry; (j) in the event of a dispute as to any entry, the authorized account holder of the social media account used to enter will be deemed to be the participant. The "authorized account holder" of a social media account, is the natural person who registered for the profile. The potential winner may be required to show proof of being the authorized account holder, including but not limited to the proof issued by the social media platform; (k) winners are responsible for all federal, state, and local taxes and fees which may be associated with prize receipt and/or use; (l) Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; (m) For a winner list, visit @abercrombie’s official TikTok Stories. The winner list will be posted after all winner confirmations are complete.

NO LIABILITY/RELEASE:By entering, you agree, to the extent allowed by applicable law, to release, discharge, indemnify and hold harmless the Administrator and its parent, subsidiary, and affiliated companies, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties“) from and against any and all claims, expenses, and liability related in any way to your participation in or the operation of, this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any surprise, participation in any Sweepstakes-related activity, or participation in this Sweepstakes in general. IN NO EVENT WILL YOU OR ADMINISTRATOR BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. While it involves interaction with social media platforms, this Sweepstakes is in no way endorsed, administered by, or associated with any social media platform. You understand that you are providing your information to Administrator, and in some cases, the social media platforms. See the social media platforms privacy policies for information that they collect from you. Any questions, comments, or complaints regarding this Sweepstakes should be addressed to Administrator and not to social media platforms.

ENTRY CONDITIONS:Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Administrator, which are binding and final in all matters relating to this Contest and (b) abide by and be bound by any terms of use, privacy policies, or other policies of any social media platform.

GRANT OF RIGHTS:By entering, and except where prohibited by law, you (or your parent/guardian if you are under the age of majority in your jurisdiction) grant to Administrator (and any of its agents, affiliates or subsidiaries) the irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the Entry in any form or media now or hereafter known for any and all purposes deemed by Administrator in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposting the Entry online (e.g., on our brand websites and social media pages), and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Entry. You understand that your Entry may be edited in the sole discretion of Administrator. You represent and warrant that the Entry will not contain any third party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant Administrator all relevant licenses and permissions to use the material as contemplated herein. You agree not to take any legal action against, and release and discharge, Administrator, and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the Entry as contemplated herein.

POSTING GUIDELINES:Failure to comply with the following Guidelines will cause your Post, which could include photographs, videos, comments or other material to be rejected and pulled from A&F pages on social media and may result in you being permanently banned from posting on A&F pages on social media. The following Posts and subject matter will be rejected and result in immediate disqualification from A&F pages on social media: Personal Attacks: Personal attacks will not be tolerated. Disrespecting, insulting or attacking other users or Posts will not be permitted. It's okay for users to challenge an opinion or view but ensure that it is done respectfully. Behavior/comments that may result in others feeling threatened or specifically targeted or abused will not be allowed; Discrimination: Discrimination or prejudice based upon race, ethnicity, sex, religion, disability status, migrant worker status, communicable disease carrier status, or marital status or pregnancy/nursing period status, and any other category protected by law will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed; Pornographic Material: Pornographic material and/or references to it are not allowed in Posts, and Posts containing such will be removed; Violence: Anything inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed; Hatred: Constructive debate is allowed, but hatred towards anyone will not be tolerated; Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and or interests. Libel will not be permitted; SPAM: Anything that disrupts the normal flow of chat. Examples: garbled or nonsense sentences, duplication of words and numbers. Cannot use the community in connection with surveys, sweepstakes, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Posting under multiple nicknames is not allowed; Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs, or anything deemed to distress the parents or guardians of users or anything deemed to be socially unacceptable in Administrator’s sole discretion; Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including Drugs, Prostitution, Fraud, Stalking, Extortion, and Terrorism.

PUBLICITY:Except where prohibited or restricted by law, a winner’s acceptance of a prize constitutes the winner’s agreement and consent for Administrator and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Administrator, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Administrator, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

DATA:Any personal information you submit by participating in this Sweepstakes shall be used only in a manner consistent with these Official Rules and with Administrator’s privacy policy (US and/or Canada privacy policy: https://www.abercrombie.com/shop/CustomerService?pageName=privacy&storeId=10051&textKey=LEGAL_PRIVACY_POLICY&catalogId=10901&langId=-1.) provided that, for residents of Canada, any personal information you may submit in connection with the Sweepstakes will be collected, used and disclosed only for the purposes of administering the Sweepstakes, prize fulfillment, as you otherwise expressly consent, or as required by law, and by entering the Sweepstakes, you consent to such collection, use and disclosure.

WINNER LIST:For a winner list, visit @abercrombie’s official TikTok Stories. The winner list will be posted after the winner selection and confirmation is complete.

DISPUTE RESOLUTION: Please read this section – carefully – it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.

  1. Definitions.
    • “Dispute” means any claim or controversy between you and A&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” will be given the broadest possible meaning permitted by law. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision.
  2. Informal Dispute Resolution Process.
    • Should you and A&F (each a “party,” and collectively, the “parties”) have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
    • The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal Dispute resolution process
    • In connection with any Dispute, you or A&F must first send written notice to the other party, providing: your name and contact information (address, telephone number, and email address) if you are sending the notice, or A&F’s contact information if A&F is sending the notice; sufficient information for you or A&F to identify any transaction at issue; and a detailed description of and explanation for (1) the Dispute; (2) the nature and basis of any claim; and (3) the nature, basis, and calculation of the relief sought. Your notice to A&F must be personally signed by you (and your attorney if you are represented). A&F’s notice to you will be personally signed by an A&F representative (and A&F’s attorney if we are represented). Your notice to A&F must be sent by email to disputeresolution@anfcorp.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F’s notice to you will be sent to you based on the most recent contact information that you have provided to A&F. You and A&F agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference if A&F requests one in connection with your notice (at which you agree to appear along with your attorney if you are represented) or if you request one in connection with A&F's notice (at which A&F agrees to send a representative along with our attorney if we are represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this informal process.
    • If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal Dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
    • This informal Dispute resolution process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, you and A&F agree to the further Dispute resolution provisions below.
  3. Mutual Arbitration Provision.
    • Any Dispute between you and A&F that is not resolved as set forth above shall be resolved through binding individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. If you and A&F are unable to resolve the Dispute through the mandatory informal Dispute resolution process, you and A&F unconditionally agree that, except as set forth below, all Disputes between you and A&F will be resolved entirely through binding individual arbitration, rather than in court, which include, without limitation, such Disputes arising out of or relating to any aspect of the relationship between you and A&F, your access or use of the A&F Website or any products or services offered by or purchased from A&F through the A&F Website or stores, and A&F's advertising, marketing, and communications.
    • The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    • This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Dispute Resolution section. You and A&F agree that we intend that this Dispute Resolution section satisfies the “writing” requirement of the FAA.
    • This Mutual Arbitration provision shall survive termination of this Agreement. BY AGREEING TO THESE TERMS, EACH PARTY GIVES UP ITS RIGHT TO BRING AND PROSECUTE ANY DISPUTES IN A COURT OF LAW OR BEFORE A JURY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
  4. Right to Enjoin Intellectual Property Misuse.
    • As set forth above, notwithstanding anything in this arbitration provision to the contrary, either you or A&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
  5. Procedures for Arbitration.
    • Arbitrations shall be heard and determined by a single arbitrator and be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and A&F will work together in good faith to agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and A&F agree otherwise, any in-person arbitration hearing will take place in the county where you reside.
    • To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or A&F must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. If you or A&F are represented by an attorney in connection with your or A&F’s arbitration demand, you and A&F agree that any arbitration demand must also be signed by your or our attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11. Your demand for arbitration must be sent to: Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F’s demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to A&F.
    • Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
    • The arbitration may be conducted by telephone, video, based on written submissions, or in-person in the county where you live or at another mutually agreed location. If requested, you shall personally appear (with your counsel if you are represented) or A&F shall have a representative (with counsel if A&F is represented) personally appear at any in-person, video, or telephonic hearing. Notwithstanding anything to the contrary, A&F will pay all fees and costs that A&F is required by law to pay.
    • The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
  6. Waiver of Jury Trials.
    • Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and A&F waive the right to a jury trial to the maximum extent permitted by law.
  7. Waiver of Class Actions.
    • AS SET FORTH ABOVE, A&F AND YOU EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, A&F AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Dispute Resolution section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this Dispute Resolution section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions
  8. Governing Law and Forum.
    • This Agreement will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the FAA and the laws of the State of Ohio, without regard to its conflicts of law provisions. To the maximum extent permitted by law, to the extent any matter proceeds in court, except for small claims court, including any disputes over the enforceability of these Terms that are for a court to decide, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Ohio
  9. Survival.
    • This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.

Abercrombie Wedding Shop Giveaway

Terms & Conditions (the “Official Rules”)

NO PURCHASE OR PAYMENT IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED.

SPONSOR & ADMINISTRATOR:Abercrombie & Fitch Stores, Inc., 6301 Fitch Path, New Albany, OH 43054 (“Administrator” or “A&F”) and

PRIZE PARTNER:McLaren Racing Limited, McLaren Technology Centre, Chertsey Road, Woking GU21 4YH (“Prize Partner” or “McLaren”).

ELIGIBILITY:The Abercrombie Wedding Shop Giveaway (“Sweepstakes“) is open only to legal residents of the United States, District of Columbia and at least eighteen (18) years old at the time of entry. Void in Rhode Island and where prohibited. Proof of residency and age may be required. Employees and directors and their immediate family and household members (parents, stepparents, children, stepchildren, siblings, stepsiblings, or spouse, regardless of where they live, or persons living in same household at least three months a year, whether related or not) of Abercrombie & Fitch Stores Inc., its parent companies, subsidiaries, divisions, affiliates, contractors, distributors, sales representatives, retailers, advertising and promotion agencies, and any others engaged in the development, design, production, execution or distribution of this Sweepstakes are not eligible to enter or win. The Sweepstakes is subject to all applicable federal, state, provincial and local laws and regulations. Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to these Official Rules and Administrator’s decisions, which are final and binding in all matters related to the Sweepstakes. Entries may be void due to legal constraints as determined by Administrator’s in its sole discretion (e.g., Sweepstakes is ineligible to be offered in a given jurisdiction, or prize cannot be shipped to a given address or jurisdiction). Winning a prize is contingent upon fulfilling all requirements set forth herein and at Administrator’s sole discretion as to meeting eligibility criteria.

TIMING:The Sweepstakes begins on Thursday March 28th, 2024 at 10:00:00 AM Eastern Standard Time (“EST“) and ends Thursday, April 4th, 2024 at 11:59:59 PM EST (the “Sweepstakes Period“). Administrator’s database computer is the official time-keeping device for the Sweepstakes.

HOW TO ENTER:You must have a Tik Tok account to participate. If you do not have a Tik Tok account, it is free to create one. During the Sweepstakes Period, Participants must: (1) identify the Sweepstakes Post on Abercrombie’s official Tik Tok handle (@abercrombie); (2) like the Sweepstakes Post; and (3) tag three friends in the comments of the Sweepstakes Post with a palm tree emoji (“Entry“). Limit one (1) Entry per person. See Winner Selection & Notification/Verification below for more details. All potential winners are subject to verification before any prize will be awarded. This Sweepstakes is in no way sponsored, endorsed, or administered by, or associated with Tik Tok.

Irrelevant or inappropriate Entries you post will not be accepted or considered for the Sweepstakes. Use of any automated system to enter is prohibited and will result in disqualification. Administrator has the sole discretion on decisions to remove content it deems is in violation of the “Posting Guidelines“ listed below. Entries you post may be open to public commentary, which participant acknowledges is not under the Administrator’s direct control. Administrator shall not be responsible for any public commentary made in connection with an Entry. Administrator is not responsible for lost, late, incomplete, invalid, unintelligible, or misdirected Entries, all of which will be ineligible to win a prize. In the event of a dispute as to any entrant, the authorized account holder of the email address or social media handle used to enter will be deemed to be the entrant. Potential winner may be required to show proof of being the authorized account holder to be awarded the prize.

Except in Canada, by entering, you may be signed up to receive marketing e-mails from Abercrombie & Fitch. You may opt out at any time from receiving marketing e-mails by following the instructions in the e-mails sent to you.

WINNER SELECTION AND NOTIFICATION/VERIFICATION:On or around April 5th, 2024, (actual date of drawing subject to change), Administrator will randomly select one (1) Winner from among all eligible Entries. Odds of winning depend on the number of eligible entries received and will vary based on participation.

Each potential winner will be notified via direct message from @abercrombie’s official Tik Tok account with a request to verify his/her win. The potential winner will be required to respond to Administrator within two (2) days of when the initial notification was sent and will be required to confirm several pieces of information to verify their win. Each potential winner may be required to sign and return an affidavit (U.S.) or declaration (Canada) of eligibility and liability and/or publicity release. Each potential winner, if a U.S. taxpayer, may also be required for tax purposes to submit a W-9 tax form, and if a Canada taxpayer a W-8 BEN form. If a potential winner is deemed a minor in their place of residence, a parent or legal guardian must sign any required documents. If the potential winner does not respond to the message within two (2) days of when the initial notification message was sent, or refuses to confirm the requested information, then the potential winner may be disqualified and forfeit his/her right to the prize. If a potential winner is found to be ineligible, fails to respond or refuses to confirm the requested information, an alternate winner may be selected from the pool of eligible entries. Administrator will attempt to contact a commercially reasonable number of alternate winners per prize, and if there is still no confirmed winner after such commercially reasonable attempts have been made, the applicable prize may go unawarded. Any potential winner from Canada must answer a time-limited mathematical skill-testing question without assistance of any kind, whether mechanical or otherwise, to be administered by telephone at a time specified by Sponsor. Failure to answer skill-testing question correctly in the time provided will result in disqualification and selection of an alternate winner, at Sponsor’s sole discretion.

PRIZES:One (1) verified winner (“Winner“) will receive one (1) Abercrombie Gift Card valued at four-hundred USD ($400.00).

Individual Approximate Retail Value (“ARV“):USD$400.00

Total ARV:USD$400.00

Each verified winner is responsible for all federal, state, provincial and local taxes and fees which may be associated with prize receipt and/or use.

No cash or other substitution, assignment or transfer of the Prize permitted, except by Administrator, who reserves the right to substitute a Prize with cash or another prize of comparable or greater value. Any such substitution is not guaranteed and is at Administrator’s sole discretion. Prizes will be awarded “as is“ with no warranty or guarantee, either express or implied, offered by Administrator other than any standard warranty from the manufacturer, if any. Prize values are estimated as of the start of the Sweepstakes Period. In the event that the actual prize value at the time of award is less than the individual ARV listed in these Official Rules, Winners will not be entitled to any cash refund for the remainder of the indicated ARV. In the event that the actual prize value at the time of award is more than the individual ARV listed in these Official Rules, the Winners shall be solely responsible for any tax consequences arising therefrom.

GENERAL RULES OF PARTICIPATION:This Sweepstakes is subject to all applicable federal, state, provincial and local laws, and is void where prohibited or restricted by law. By participating in this Sweepstakes, the entrant agrees: (a) to abide by and be bound by these Official Rules and decisions of Administrator which shall be final in all respects relating to the Sweepstakes, including without limitation the interpretation of these Official Rules; (b) to abide by and be bound by any terms of use, privacy policies, or other policies of any social media platform; (c) to the extent allowed by applicable law, the laws of the United States and the State of Ohio apply to and govern this Sweepstakes and any claims must be raised and resolved in the federal or state courts located in Columbus, OH, United States; (d) if, for any reason whatsoever, this Sweepstakes, in Administrator’s sole opinion, is not capable of running as planned, including, but not limited to, to comply with legal requirements or by reason of infection by computer virus, tampering, fraud, technical failures, or any other cause which, in the Administrator’s sole judgment, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to cancel, terminate, modify or suspend this Sweepstakes and limit entries to those submitted prior to the action taken, or to proceed in such a manner as may be deemed fair and equitable by Administrator in its sole discretion; (e) if such cancellation, termination, modification or suspension occurs, notification will be posted on the page where the Sweepstakes is listed; (f) Administrator reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the operation of the Sweepstakes, or to be acting in violation of the terms of this or any other Sweepstakes; (g) any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Administrator reserves the right to seek damages from any such person to the fullest extent permitted by law; (h) Administrator is not responsible for late, incomplete, misdirected, delayed, or undelivered entries, or entries not timely received due to telephone failures, Internet or website failures and disruptions, and ISP problems; (i) submission of incomplete information may result in disqualification of entry; (j) in the event of a dispute as to any entry, the authorized account holder of the social media account used to enter will be deemed to be the participant. The "authorized account holder" of a social media account, is the natural person who registered for the profile. The potential winner may be required to show proof of being the authorized account holder, including but not limited to the proof issued by the social media platform; (k) winners are responsible for all federal, state, and local taxes and fees which may be associated with prize receipt and/or use; (l) Administrator’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision; (m) For a winner list, visit @abercrombie’s official TikTok Stories. The winner list will be posted after all winner confirmations are complete.

NO LIABILITY/RELEASE:By entering, you agree, to the extent allowed by applicable law, to release, discharge, indemnify and hold harmless the Administrator and its parent, subsidiary, and affiliated companies, and any other person and organization responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties“) from and against any and all claims, expenses, and liability related in any way to your participation in or the operation of, this Sweepstakes as well as any other claims, damages or liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any surprise, participation in any Sweepstakes-related activity, or participation in this Sweepstakes in general. IN NO EVENT WILL YOU OR ADMINISTRATOR BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. While it involves interaction with social media platforms, this Sweepstakes is in no way endorsed, administered by, or associated with any social media platform. You understand that you are providing your information to Administrator, and in some cases, the social media platforms. See the social media platforms privacy policies for information that they collect from you. Any questions, comments, or complaints regarding this Sweepstakes should be addressed to Administrator and not to social media platforms.

ENTRY CONDITIONS:Each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of Administrator, which are binding and final in all matters relating to this Contest and (b) abide by and be bound by any terms of use, privacy policies, or other policies of any social media platform.

GRANT OF RIGHTS:By entering, and except where prohibited by law, you (or your parent/guardian if you are under the age of majority in your jurisdiction) grant to Administrator (and any of its agents, affiliates or subsidiaries) the irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, assignable, and unlimited right and permission, but not the obligation, to (1) utilize, reproduce, exploit, alter, edit, modify, distribute, publish, exhibit, digitize, broadcast, display, publicly perform, and prepare derivative works of the Entry in any form or media now or hereafter known for any and all purposes deemed by Administrator in its sole discretion to be reasonable and prudent uses for the purpose of furthering its valid business objectives, including but not limited to reposting the Entry online (e.g., on our brand websites and social media pages), and (2) use your name, online handle, and profile/avatar picture in connection with, or to reference the fact of, your Entry. You understand that your Entry may be edited in the sole discretion of Administrator. You represent and warrant that the Entry will not contain any third party trademarked or copyrighted material, or material that is subject to other third-party proprietary rights, unless you have permission from the rightful owner of such material or you are otherwise legally entitled to post the material and to grant Administrator all relevant licenses and permissions to use the material as contemplated herein. You agree not to take any legal action against, and release and discharge, Administrator, and its directors, officers, employees, agents and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the Entry as contemplated herein.

POSTING GUIDELINES:Failure to comply with the following Guidelines will cause your Post, which could include photographs, videos, comments or other material to be rejected and pulled from A&F pages on social media and may result in you being permanently banned from posting on A&F pages on social media. The following Posts and subject matter will be rejected and result in immediate disqualification from A&F pages on social media: Personal Attacks: Personal attacks will not be tolerated. Disrespecting, insulting or attacking other users or Posts will not be permitted. It's okay for users to challenge an opinion or view but ensure that it is done respectfully. Behavior/comments that may result in others feeling threatened or specifically targeted or abused will not be allowed; Discrimination: Discrimination or prejudice based upon race, ethnicity, sex, religion, disability status, migrant worker status, communicable disease carrier status, or marital status or pregnancy/nursing period status, and any other category protected by law will not be tolerated. Any prejudicial statements, behaviors, comments or remarks will cause the Post to be immediately disqualified and removed; Pornographic Material: Pornographic material and/or references to it are not allowed in Posts, and Posts containing such will be removed; Violence: Anything inciting or directly referring to violence, past violence or the threat of violence is prohibited and will be removed; Hatred: Constructive debate is allowed, but hatred towards anyone will not be tolerated; Libelous Statements: Libel is a statement or comment about a person or organization that cannot be proved to be true and may be considered damaging to their reputation and or interests. Libel will not be permitted; SPAM: Anything that disrupts the normal flow of chat. Examples: garbled or nonsense sentences, duplication of words and numbers. Cannot use the community in connection with surveys, sweepstakes, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise). Posting under multiple nicknames is not allowed; Slang or References to Upsetting/Distressing Subjects: Slang referring to upsetting or distressing subjects will not be permitted and will be immediately removed. Such references include drug use, sexual acts of an indecent nature (and anything considered to be explicitly sexual in nature), references to religion, political beliefs, or anything deemed to distress the parents or guardians of users or anything deemed to be socially unacceptable in Administrator’s sole discretion; Criminal or Immoral Activity: Any mention of or reference to criminal or immoral activity will not be permitted, including Drugs, Prostitution, Fraud, Stalking, Extortion, and Terrorism.

PUBLICITY:Except where prohibited or restricted by law, a winner’s acceptance of a prize constitutes the winner’s agreement and consent for Administrator and any of its designees to use and/or publish winner’s full name, city and state of residence, photographs or other likenesses, pictures, portraits, video, voice, testimonials, biographical information (in whole or in part), and/or statements made by winner regarding the Sweepstakes or Administrator, worldwide and in perpetuity for any and all purposes, including, but not limited to, advertising, trade and/or promotion on behalf of Administrator, in any and all forms of media, now known or hereafter devised, including, but not limited to, print, TV, radio, electronic, cable, or World Wide Web, without further limitation, restriction, compensation, notice, review, or approval.

DATA:Any personal information you submit by participating in this Sweepstakes shall be used only in a manner consistent with these Official Rules and with Administrator’s privacy policy (US and/or Canada privacy policy: https://www.abercrombie.com/shop/CustomerService?pageName=privacy&storeId=10051&textKey=LEGAL_PRIVACY_POLICY&catalogId=10901&langId=-1.) provided that, for residents of Canada, any personal information you may submit in connection with the Sweepstakes will be collected, used and disclosed only for the purposes of administering the Sweepstakes, prize fulfillment, as you otherwise expressly consent, or as required by law, and by entering the Sweepstakes, you consent to such collection, use and disclosure.

WINNER LIST:For a winner list, visit @abercrombie’s official TikTok Stories. The winner list will be posted after the winner selection and confirmation is complete.

DISPUTE RESOLUTION: Please read this section – carefully – it may significantly affect your legal rights. It contains procedures for mandatory pre-dispute resolution, binding arbitration, and a jury trial and class action waiver.

  1. Definitions.
    • “Dispute” means any claim or controversy between you and A&F, including but not limited to any: (1) claims for relief or theories of liability, whether based in contract, tort, fraud, misrepresentation, statute or otherwise, or that relate to the existence of this Agreement; (2) claims that arose before this or any Agreement; (3) claims that may arise in the future, including claims that may arise after the cancelation or expiration of this Agreement; and (4) claims that are the subject of a putative class action in which no class has been certified. “Dispute” will be given the broadest possible meaning permitted by law. “Dispute” does not, however, include any issues arising from or relating to the arbitrability of any Disputes under this provision or the scope, validity, or enforceability of this arbitration provision.
  2. Informal Dispute Resolution Process.
    • Should you and A&F (each a “party,” and collectively, the “parties”) have a Dispute, the parties agree that they will make a good faith effort to resolve it informally. Compliance with this informal dispute resolution process is a condition precedent to commencing any formal Dispute resolution proceeding in arbitration, small claims court, or otherwise.
    • The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal Dispute resolution process
    • In connection with any Dispute, you or A&F must first send written notice to the other party, providing: your name and contact information (address, telephone number, and email address) if you are sending the notice, or A&F’s contact information if A&F is sending the notice; sufficient information for you or A&F to identify any transaction at issue; and a detailed description of and explanation for (1) the Dispute; (2) the nature and basis of any claim; and (3) the nature, basis, and calculation of the relief sought. Your notice to A&F must be personally signed by you (and your attorney if you are represented). A&F’s notice to you will be personally signed by an A&F representative (and A&F’s attorney if we are represented). Your notice to A&F must be sent by email to disputeresolution@anfcorp.com or by mail to Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F’s notice to you will be sent to you based on the most recent contact information that you have provided to A&F. You and A&F agree to negotiate in good faith about the Dispute, including through an informal and individualized telephone settlement conference if A&F requests one in connection with your notice (at which you agree to appear along with your attorney if you are represented) or if you request one in connection with A&F's notice (at which A&F agrees to send a representative along with our attorney if we are represented). The parties agree to participate in good faith in this conference, which will be held at a time convenient for both parties, and throughout this informal process.
    • If the sufficiency of a notice or compliance with this informal Dispute resolution process is at issue, it may be decided by a court at either party’s election, and any formal Dispute resolution proceeding shall be stayed pending resolution of the issue. A court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration.
    • This informal Dispute resolution process should lead to the resolution of the Dispute, but if for some reason it is not resolved within sixty (60) days after receipt of the information required above, which can be extended by agreement of the parties, you and A&F agree to the further Dispute resolution provisions below.
  3. Mutual Arbitration Provision.
    • Any Dispute between you and A&F that is not resolved as set forth above shall be resolved through binding individual arbitration or small claims court. In arbitration, there is no judge or jury and there is less discovery and appellate review than in court. If you and A&F are unable to resolve the Dispute through the mandatory informal Dispute resolution process, you and A&F unconditionally agree that, except as set forth below, all Disputes between you and A&F will be resolved entirely through binding individual arbitration, rather than in court, which include, without limitation, such Disputes arising out of or relating to any aspect of the relationship between you and A&F, your access or use of the A&F Website or any products or services offered by or purchased from A&F through the A&F Website or stores, and A&F's advertising, marketing, and communications.
    • The sole exceptions to the foregoing requirement to arbitrate are that: (1) either party may elect to have individual claims heard in small claims court if those claims otherwise qualify for small claims court and as long as the matter remains in such court and is not removed or appealed to a court of general jurisdiction and advances only on an individual (non-class, non-representative basis); and (2) each party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
    • This Dispute Resolution section evidences a transaction in interstate commerce, and thus the Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Dispute Resolution section. You and A&F agree that we intend that this Dispute Resolution section satisfies the “writing” requirement of the FAA.
    • This Mutual Arbitration provision shall survive termination of this Agreement. BY AGREEING TO THESE TERMS, EACH PARTY GIVES UP ITS RIGHT TO BRING AND PROSECUTE ANY DISPUTES IN A COURT OF LAW OR BEFORE A JURY EXCEPT AS EXPRESSLY PROVIDED HEREIN. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS OR REPRESENTATIVE ACTIONS.
  4. Right to Enjoin Intellectual Property Misuse.
    • As set forth above, notwithstanding anything in this arbitration provision to the contrary, either you or A&F may bring suit in court to enjoin infringement or otherwise enforce intellectual property rights.
  5. Procedures for Arbitration.
    • Arbitrations shall be heard and determined by a single arbitrator and be administered by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (collectively the “AAA Rules”) as modified by the version of this arbitration provision that is in effect when notice of a Dispute is given. The AAA Rules can be obtained from the AAA by visiting its website (www.adr.org). If there is a conflict between this arbitration provision and the rest of this Agreement, this arbitration provision will govern. If there is a conflict between this arbitration provision and the AAA Rules, this arbitration provision will govern. If the AAA is unavailable or unwilling to administer an arbitration in accordance with this arbitration provision, you and A&F will work together in good faith to agree on (or if necessary petition a court of appropriate jurisdiction to appoint) an arbitration organization that will do so. Unless you and A&F agree otherwise, any in-person arbitration hearing will take place in the county where you reside.
    • To begin an arbitration proceeding, after satisfying the condition precedent identified above, you or A&F must (1) send a verified and personally signed demand for arbitration that describes (a) the nature and basis of the claims, and (b) the nature and basis of the relief sought, including a detailed calculation for it; (2) send the signed certification of completion of the process set forth in the Informal Dispute Resolution Process section; and (3) contact the AAA or the applicable court-appointed arbitration administrator and follow the appropriate procedures to commence the arbitration. If you or A&F are represented by an attorney in connection with your or A&F’s arbitration demand, you and A&F agree that any arbitration demand must also be signed by your or our attorney. By signing the arbitration demand, the attorney certifies to the best of their information, knowledge, and belief, formed after a reasonable inquiry that: (1) the arbitration demand is not being presented for any improper purpose, such as to harass, cause unnecessary delay, or needlessly increase the cost of dispute resolution; (2) the claims or other legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law; and (3) the factual contentions have evidentiary support or, if specifically so identified, will likely have evidentiary support after reasonable opportunity for further investigation or discovery. The arbitrator shall be authorized to impose any sanctions available under Federal Rule of Civil Procedure 11. Your demand for arbitration must be sent to: Abercrombie & Fitch, 6301 Fitch Path, New Albany, OH 43054, Attention: Legal Department. A&F’s demand for arbitration to you will be sent to you based on the most recent contact information that you have provided to A&F.
    • Payment of all filing, administration and arbitrator fees will be governed by the applicable AAA rules. The parties shall be responsible for their own attorneys’ fees and costs in arbitration, unless they are authorized by law, or the arbitrator determines that a claim was frivolous or brought for an improper purpose or in bad faith (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)). In addition, the provisions of Federal Rule of Civil Procedure 68 (cost-shifting) shall apply and be enforced by the arbitrator after entry of an award.
    • The arbitration may be conducted by telephone, video, based on written submissions, or in-person in the county where you live or at another mutually agreed location. If requested, you shall personally appear (with your counsel if you are represented) or A&F shall have a representative (with counsel if A&F is represented) personally appear at any in-person, video, or telephonic hearing. Notwithstanding anything to the contrary, A&F will pay all fees and costs that A&F is required by law to pay.
    • The arbitration will be conducted by a single arbitrator who will apply and be bound by this Agreement, and will determine any Dispute according to applicable law and facts based upon the record and no other basis. The arbitrator shall issue a reasoned written award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party’s individual claim. The arbitration award shall be binding only among the parties to the arbitration and shall have no preclusive effect in any other arbitration or other proceeding involving a different party.
  6. Waiver of Jury Trials.
    • Disputes in arbitrations and small claims court are resolved without a jury trial. Whether in arbitration or court, you and A&F waive the right to a jury trial to the maximum extent permitted by law.
  7. Waiver of Class Actions.
    • AS SET FORTH ABOVE, A&F AND YOU EACH AGREE TO BRING ANY DISPUTE ON AN INDIVIDUAL BASIS ONLY, AND NOT ON A CLASS, CONSOLIDATED, REPRESENTATIVE OR COLLECTIVE OR PRIVATE ATTORNEY GENERAL BASIS. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, A&F AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION AGAINST THE OTHER TO THE MAXIMUM EXTENT PERMITTED BY LAW.
    • A Dispute may not be consolidated with a claim by any person or entity that is not a party to the arbitration proceeding, and the arbitrator may not otherwise preside over any form of a class, consolidated, representative, collective, or private attorney general proceeding. If a court determines that any of the prohibitions on non-individualized relief; class, representative, and private attorney general claims; and consolidation are unenforceable with respect to a particular claim or with respect to a particular request for relief (such as a request for injunctive relief), and all appeals from that decision have been exhausted (or the decision is otherwise final), then the parties agree that that particular claim or request for relief may proceed in court but shall be stayed pending arbitration of the remaining claims. Specifically, and notwithstanding anything to the contrary in this Dispute Resolution section, the arbitrator may not issue a “public injunction” and any such “public injunction,” if permitted, may be awarded only by a federal or state court. If either party is permitted to seek a “public injunction,” all other claims and prayers for relief must be adjudicated in arbitration first and any such prayer or claim for a “public injunction” in federal or state court stayed until the arbitration is completed, after which the federal or state court can adjudicate the party’s claim or prayer for “public injunctive relief.” In doing so, the federal or state court is bound under principles of claim or issue preclusion by the decision of the arbitrator. Notwithstanding any other provision of this Dispute Resolution section, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions
  8. Governing Law and Forum.
    • This Agreement will be governed by and construed in accordance with, and any Dispute will be resolved in accordance with the FAA and the laws of the State of Ohio, without regard to its conflicts of law provisions. To the maximum extent permitted by law, to the extent any matter proceeds in court, except for small claims court, including any disputes over the enforceability of these Terms that are for a court to decide, you consent to the exclusive jurisdiction of the federal and state courts located in the State of Ohio
  9. Survival.
    • This Dispute Resolution section shall survive the cancellation or expiration of the Agreement.