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This Privacy Policy describes how Five Below, Inc. (“Five Below,” “we,” “our,” or “us”) collects, uses, shares, or otherwise processes information about you, including why we process your Personal Information and your choices with respect to your Personal Information. This Privacy Policy applies to your use of our website and mobile application (“App”) and all features, content, and other services that we own, control, and make available through our website or App (collectively, the “Service”) regardless of how you access the Service.
By using the Service, you agree to our activities as described in this Privacy Policy (and in any additional privacy statements that may be applicable to the Service),and consent to our Terms of Use https://www.fivebelow.com/terms. If you do not agree, please discontinue your use of the Service.
“Personal Information” is information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, to you. Personal Information does not include information that is publicly available, de-identified, or aggregated. We collect your Personal Information in multiple ways, including when you directly provide it to us and by using certain technologies that collect it through our website and App.
We collect Personal Information you provide to us via the Service. For example, we collect Personal Information when you register for an account, purchase products (including when you check out as a guest), sign up for our emails or text messages, complete a survey, interact with us on social media, participate in an online promotion, apply for a job, and contact customer relations.
We, and our “Partners” – the vendors, service providers, and other third parties we choose to work with – may collect certain information about you when you use the Service (“Usage Information”). This Usage Information may include your IP address; device identifier; advertising identifier; browser type; operating system details; and information about your use of the Service, such as the time and duration of your visit and how you arrived at and used our Service.
The methods that we and our Partners may use to collect Usage Information include cookies, web beacons (also known as tracking pixels), embedded scripts, and other tracking technologies (collectively, “Tracking Technologies”) to collect information about your interactions with our Service or the emails we send you, including information about your browsing and purchasing behavior. These Tracking Technologies may include:
Cookies vary in how long they last. “Session cookies” terminate shortly after you terminate your internet session. “Persistent cookies” are stored on your device until a set expiration date. We use both session cookies and persistent cookies on our website.
You may be able to set your browser to block or refuse cookies, but some portions of our Service may not work properly if you refuse cookies. Also, disabling cookies may disable opt-out preferences you may have entered on our website as we use cookies to identify devices that have opted out.
Our Tracking Technologies and your choices about them are further explained in “Analytics Services, Advertising, and Online Tracking” at Section 6 and “Your Choices” at Section 7 below, so that you can better understand these technologies and make meaningful decisions about how you want them used to collect your Usage Information.
Our Service may access and collect your geolocation information to facilitate our provision of the Service, such as to provide you with information about stores near you or in connection with product delivery. We also may use information about the location of the device you are using to help us understand how our Service is being used and to deliver more relevant advertising. For most mobile devices and computers, you are able to block access to your location through your device or web-browser settings. If you download or use our App, and you agree to share your location information with us and to receive push notifications from us, we will be able to use your location information to send you customized notices, offers, and coupons.
We may also obtain Personal Information about you from other sources and combine that with information we collect directly about you. For example, we may obtain your Personal Information when someone purchases a gift for you or refers our Services to you. Under some circumstances, we may obtain Personal Information from other businesses that sell or otherwise make available such information. When submitting information to another company, website, app, or service, you are subject to their terms of use and privacy policies.
We may use your Personal Information for any purposes consistent with our statements in this Privacy Policy or as allowed by applicable law, including the following examples:
Any of the categories of Personal Information we collect may be disclosed to our Partners in connection with their work on our behalf relating to any of the purposes for which we collect Personal Information. The purposes for which we disclose your Personal Information include:
We may offer sweepstakes, contests, surveys, and other promotions (each, a “Promotion”), including jointly sponsored Promotions, which may require submitting Personal Information. If you voluntarily choose to enter a Promotion, your Personal Information may be disclosed to others, such as for administrative purposes and as required by law (for example, for inclusion on a winners list). In addition, by entering, you agree to the official rules that govern that Promotion and may, except where prohibited by applicable law, allow us, the sponsor(s), or others to use your name, voice, or likeness in advertising or marketing materials.
Our Service may include hyperlinks to websites, platforms, applications, or other services operated by other parties (“Unaffiliated Service(s)”). These Unaffiliated Services may use their own Tracking Technologies to collect information about you and may solicit Personal Information from you.
Certain features of our Service permit you to interact with social media networks operated by other parties, for example “liking” or “following” us or our products or logging into our Service using your Facebook or Google account (“Social Features”). 'If you choose to “like” or share content or post information using Social Features, that information may be publicly displayed, and the party operating the social media platform may receive information about you and your use of our Service. Similarly, if you interact with us through Social Features, we may have access to information about you from the social media platform. In addition, we may track when you like us, follow us, or share our content through Facebook, Twitter, or other social media platforms.
Please note that if you mention Five Below, or comment about or in response to us, in your post on a social media platform, that platform may allow us to publish your post. The information processed by Unaffiliated Services remains subject to their privacy practices. You should review their terms, policies, and settings of these platforms to learn more about their data practices and adjust your own settings accordingly.
We may use certain third-party web analytics services to help us understand and analyze how visitors use our Service and to serve advertisements on our behalf across the Internet. We may use this information to analyze and track user data, better understand users’ online activities, determine the popularity of certain content or products, and deliver advertising targeted to user interests. Some information about your use of our Service and other websites and services may be collected using Tracking Technologies across time, services, and devices and used to deliver relevant ads to you on our Service or on other websites and services (“Interest-Based Ads”). In addition, we may participate in online advertising networks and exchanges that display relevant ads to our users on and off our Service based on their interests as reflected in profiles we and others create from collected information.
Your browser settings may allow you to transmit a “Do Not Track” signal automatically when you visit various websites or use online services. Like many websites, our Service is not designed to respond to “Do Not Track” signals received from browsers.
You may correct or update Personal Information you have submitted to us by contacting us at privacy@fivebelow.com. . We will make a good faith effort to make the changes in Five Below’s active databases as soon as practicable).
You may be able to enable or disable certain permissions and features by adjusting the permissions on your device. For example, you can opt out of push notifications or of sharing your location information by adjusting your mobile device settings. Changing your device settings may affect your ability to access or use certain features of our App.
If you no longer want to provide us information through our App, you should uninstall the App from your device(s). Note that deleting our App will not delete your user account or any Personal Information we previously collected, nor does it affect our collection of your Personal Information elsewhere (for example, on our website).
If you would like to delete your account, please click here webform, and select “Delete My Account in the App and my Five Below Account.” On an iOS device, you may also initiate an account deletion request from within the App by clicking “help,” then select “account deletion.”
Commercial browser settings may allow you to disable, remove, or block certain Tracking Technologies. Browsers offer different features and options, so you will need to set them separately. Please be aware that if you disable or remove Tracking Technologies some parts of our Service may not work and, when you revisit the Service, your ability to limit browser-based Tracking Technologies will be subject to your browser settings and limitations at the time of your visit to the Service.
Five Below may use Google Analytics or other chosen Partners for analytics services. We have implemented Google Analytics Advertising Features, such as advertising reporting and personalization. We and our Partners may use first-party cookies or identifiers as well as third-party cookies or identifiers to analyze how our visitors use our Service and to understand user behaviors or preferences. For example, we may use information about how visitors search for and find products to better organize and present product offerings in our stores or online. We leverage these analytics to obtain data about Service traffic and interactions, identify trends, and obtain statistics so that we can improve our Service and better market our products.
For more information about how Google Analytics uses the data it collects, visit http://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit https://tools.google.com/dlpage/gaoptout or download the Google Analytics Opt-Out Browser Add-On. To find out more about how third-party analytics services manage the privacy of information in conjunction with delivering Interest-Based Ads online and how to opt out of information collection by these networks, visit http://www.youradchoices.com and http://www.networkadvertising.org.
Advertising cookies collect information to help better tailor ads to your interests. You may choose whether to receive certain Interest-Based Ads by submitting opt-outs. Some of our Partners that perform advertising-related services may participate in the Digital Advertising Alliance’s (DAA) Self-Regulatory Program for Online Behavioral Advertising. To learn more about DAA and how you can exercise certain choices regarding Interest-Based Ads, visit http://www.aboutads.info/choices/. Some of these companies may also be members of the Network Advertising Initiative (NAI). To learn more about the NAI and opt-out choices for their members, see http://www.networkadvertising.org/choices. We are not responsible for the effectiveness of any third-party opt-out choices or programs, the accuracy of any statements regarding how the opt-outs work, or how others manage their opt-out processes.
In addition, we may serve ads that are targeted to reach users on other services who are also identified as users of our Service. This is done by matching common factors between our databases and the databases of Unaffiliated Services. We are not responsible for the practices of these Unaffiliated Services or for their failure to comply with opt-out instructions or to provide us with notice of your opt-out choices made using their services.
You may opt out of receiving promotional emails from us at any time by clicking on the unsubscribe link in our emails or by sending an email to us here with the word UNSUBSCRIBE in the subject field of the email. Please note that your opt-out is limited to the email address used and will not affect subsequent subscriptions or non-promotional communications, such as administrative and service announcements or information about your purchases.
If you are a resident of California, Colorado, Connecticut, Utah, or Virginia, please review our Supplemental US State Privacy Notice for more information about your privacy rights. Nevada law allows residents to opt out of the sale of certain Personal Information, called “covered information.” Five Below does not sell covered information as defined under Nevada law, and we have no plans to change that practice. If you want to be notified if we begin selling Nevada covered information, please contact us as provided below.
Our Service is not intended for children to use, and we do not knowingly collect Personal Information from children. If we learn that we have received Personal Information from a child, we will delete the information in accordance with applicable law.
Five Below is based in the United States. If you are accessing the Service outside of the United States, please be aware that Personal Information collected through the Service may be transferred to, processed in, and stored in the United States. By using the Service and providing your Personal Information, you acknowledge that your Personal Information may be transferred to and processed in jurisdictions other than your own. Data protection laws in the United States are likely to be different from those of your country of residence, and may not provide the same level of protection.
We take suitable measures in accordance with recommended industry standards and best practices to help protect your Personal Information from loss, theft, misuse, and unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet is not completely secure, and we cannot guarantee the security of your information collected through the Service.
We retain your Personal Information for no longer than is necessary to achieve the purposes for which the Personal Information was collected, or as may otherwise be permitted or required under applicable law. To determine an appropriate retention period, we consider the scope and sensitivity of the Personal Information; the potential risk of harm from unauthorized access to, use, or disclosure of the information; the purposes for which we process the information; whether we can achieve our purposes through other means; our business needs; and applicable legal requirements. Unless otherwise required by applicable law, at the end of the retention period, we will either anonymize or securely destroy your Personal Information.
We will revise and reissue this Privacy Policy when our practices change. Your continued use of the Service indicates your consent to the privacy policy posted at the time of your use and our practices described. You are encouraged to review our privacy policy regularly.
We aim to be transparent about our privacy practices and our processing of your Personal Information. For any questions about this Privacy Policy, please contact us by email at privacy@fivebelow.com or by postal mail at Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).
**Effective Date: July 15, 2020. These Terms of Use (“Terms”) set forth a legally binding agreement between you and Five Below, Inc. (“Five Below”, “we”, “our”, or “us”), and govern your use of any website or other online service location (including any affiliated sub-domain and mobile applications and sites) that posts a link to these Terms, and all features, content, and other services that we own, control and make available through such website, or online service location (collectively, the “Service”). By using the Service, you accept these Terms, and consent to the collection, use, and sharing of your data and other activities as described in our Privacy Policy. In some instances, both these Terms and separate terms will apply to your use of the Service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless they expressly state otherwise. To download or print our Terms, click here. You can click on the following table of contents headings to link to the applicable sections of these Terms:
(b) Content. The Service contains: (i) materials and other items relating to Five Below and its products and services, and similar items from our licensors and other third parties, including all layout, information, databases, articles, posts, text, data, files, images, scripts, designs, graphics, instructions, illustrations, photographs, sounds, pictures, videos, advertising copy, URLs, technology, software, interactive features, the “look and feel” of the Service, and the compilation, assembly, and arrangement of the materials of the Service and any and all copyrightable material; (ii) trademarks, logos, trade names, trade dress, service marks, and trade identities of various parties, including those of Five Below; and (iii) other forms of intellectual property (all of the foregoing, collectively “Content”). All right, title, and interest in and to the Service and the Content is the property of Five Below or our licensors or certain other third parties, and is protected by U.S. and international copyright, trademark, trade dress, patent and/or other intellectual property and unfair competition rights and laws to the fullest extent possible.
(c) Limited License. Subject to your strict compliance with these Terms and the Additional Terms, Five Below grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download, display, view, use, play the Content on a personal computer, browser, laptop, tablet, mobile phone or other Internet-enabled device (each, a “Device”) and/or print one copy of the Content as it is displayed to you, in each case for your personal, non-commercial use only. The foregoing limited license (i) does not give you any ownership of, or any other intellectual property interest in, any Content, and (ii) may be immediately suspended or terminated for any reason, in Five Below’s sole discretion, and without advance notice or liability.Your unauthorized use of the Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
ii. App Store Sourced Application With respect to any application accessed through or downloaded from the Apple App Store (“App Store Sourced Application”), you agree that you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system software) ; and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service. Five Below reserves all rights in and to the application not expressly granted to you under these Terms and the Additional Terms. You acknowledge and agree that (i) these Terms and the Additional Terms are valid between you and Five Below only, and not Apple, and (ii) Five Below, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will, where applicable, refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Five Below and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Five Below. You acknowledge that, as between Five Below and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation. You acknowledge that, in the event of any third party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Five Below and Apple, Five Below, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms and the Additional Terms. You acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries relating to your license of the App Store Sourced Application, and that, upon your acceptance of these Terms and the Additional Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce the rights under these Terms and the Additional Terms as related to your license of the App Store Sourced Application against you as a third party beneficiary thereof. Without limiting any other provisions of these Terms and the Additional Terms, you must comply with all applicable third party terms of agreement when using the App Store Sourced Application.
(d) Restrictions. You agree to comply with all local, state, federal, national, foreign, supranational, and international laws, statutes, ordinances, regulations, treaties, directives, and agreements that apply to your use of the Service and Content.You further agree that you will not: (i) use the Service or Content for any political or commercial purpose; (ii) engage in any activity in connection with the Service or Content that is unlawful, harmful, offensive, obscene, violent, threatening, harassing, abusive, or otherwise objectionable to Five Below; (iii) harvest any information from the Service; (iv) reverse engineer or modify the Service; (v) interfere with the proper operation of or any security measure used by the Service; (vi) infringe any intellectual property or other right of any third party; (vii) use the Content in a manner that suggests an unauthorized association or is beyond the scope of the limited license granted to you; or (viii) otherwise violate these Terms or any applicable Additional Terms.
(e) Children and Minors. You are only permitted to open an account or engage in transactions with us (e.g., purchase products) if you are of the age of majority in the place where you reside. Minors over the age of 13 years of age may browse all parts of the Service under the supervision of a parent or guardian who is deemed the user and responsible for their minor’s use of the Service. The Service is intended for a general audience and are not directed to children under thirteen (13) years of age, except that there may from time to time be specially “All Ages” or “Kids” designated portions of the Service that will be subject to different privacy practices. For more information, and for how parents can report a child under thirteen's (13) submission of personal information to us, see the “Children’s Privacy” section of our Privacy Policy.
(f) Availability and Termination. Five Below may immediately suspend or terminate the availability of the Service and Content, in whole or in part, to any individual user or all users, for any reason, in Five Below’s sole discretion, and without advance notice or liability.Upon suspension or termination of your access to the Service, or upon notice from Five Below, all rights granted to you under these Terms or any Additional Terms will cease immediately, and you agree that you will immediately discontinue use of the Service. The provisions of these Terms and any applicable Additional Terms, which by their nature should survive your suspension or termination, including sections on Service Use (except for the limited license), Submissions, Copyright Infringement and DMCA Policy, Customer Support, Third-Parties, Service Features, Product Specifications and Risk of Loss, Dispute Resolution, Disclaimer of Representations and Warranties, Limitations of Our Liability, Waiver of Injunctive or Other Equitable Relief, Indemnification, Updates to Terms, and General Provisions,will survive.
(g) Reservation of All Rights. All rights not expressly granted to you are reserved by Five Below and its licensors and other third parties. No right or license may be construed, under any legal theory, by implication, estoppel, industry custom, or otherwise. Any unauthorized use of any Content or the Service for any purpose is prohibited.
(b) Product Specifications and Terms of Sale. Product specifications, pricing, availability and other content on the Service may not be complete, accurate, reliable, current, or error-free.In the event of any errors, Five Below has the right to refuse or cancel any orders in its sole discretion. In addition, an order placed by you is an offer to purchase that is only accepted by us when we proceed to confirm the order is correct and acceptable and ship the product. Any confirmation of your order prior to shipment is merely a confirmation of receipt of your offer to purchase and prior to shipment we can refuse an order.If we charged your account prior to acceptance or cancellation, we will issue a credit to your account in the amount of the charge. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. If a product you ordered is not available for shipment within thirty (30) days of your order, we will cancel your order and refund your purchase amount, unless we elect to make it available to you on “back order” terms and you accept those terms. Five Below strives to depict as accurately as possible the colors of the products shown on the Service; however, Five Below cannot and does not guarantee that your monitor’s display of any color or other visual representation of a product will be accurate. If a product you purchased from Five Below is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging, subject to our return policies. We reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, on particular products and promotions and on orders that use the same billing or shipping address. Other Additional Terms may apply.
(c) Shipping Policies and Risk of Loss. For information regarding our shipping policies and fees, please see our Shipping Information, as may be modified by applicable Additional Terms (e.g., special free shipping offers). All items purchased from the Service are made pursuant to a shipment contract.This means that the risk of loss and title for such items pass to you upon delivery to the carrier. Applicable Additional Terms may apply. (d) Returns & Exchanges. If you are not fully satisfied with your purchase, you may return it in accordance with our Return & Exchange Policy. For information regarding our return policies, please see our Return & Exchange Policy, as may be modified by applicable Additional Terms (e.g., terms for close outs and product-specific offer terms).
(b) E-mail Messages. You can opt out of receiving promotional e-mails from us by following the instructions as provided in e-mails to click on the unsubscribe link or by sending an e-mail to us here with the word UNSUBSCRIBE in the subject field of the e-mail.This will not affect subsequent subscriptions and if your opt out is limited to certain types of e-mails the opt out will be so limited. We reserve the right to send you e-mails relating to your account or use of the Service, such as administrative and service announcements and these transactional account messages may be unaffected if you choose to opt out from receiving our promotional e-mail.
(c) Sweepstakes, Contest and Promotions. Any sweepstakes, contests or other promotions (any, a “Promotion”) that may be offered via the Site may be governed by a separate set of rules or other Additional Terms that may have eligibility requirements, such as certain age or geographic area restrictions, terms and conditions governing the Promotion, use of Submissions, and disclosures about how your personal information may be used. It is your responsibility to read these Additional Terms to determine whether or not you want to and are eligible to participate, register and/or enter, and to determine the applicable terms and conditions of the Promotion. By participating in a Promotion, you will be subject to the Promotion’s official rules and other applicable Additional Terms, and you agree to comply therewith and the decisions of the identified sponsor(s) and judge(s). Return to Navigation
(b) Severability; Interpretation; Assignment. If any provision of these Terms, or any Additional Terms, is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms or the Additional Terms, and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms or the applicable Additional Terms. You hereby waive any applicable statutory and common law that may permit a contract to be construed against its drafter. The summaries of provisions and section headings are provided for convenience only and shall not limit the full Terms. Five Below may assign its rights and obligations under these Terms and any applicable Additional Terms, in whole or in part, to any party at any time without any notice.These Terms and any applicable Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Five Below.
(c) Complete Agreement; No Waiver. These Terms, and any applicable Additional Terms, reflect our complete agreement regarding the Service and supersede any prior agreements, representations, warranties, assurances or discussion related to the Service.Except as expressly set forth in these Terms or any applicable Additional Terms, (i) no failure or delay by you or Five Below in exercising any of rights, powers, or remedies will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any applicable Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced.
(d) International Issues. Five Below controls and operates the Service from the U.S.A., and Five Below makes no representation that the Service is appropriate or available for use beyond the U.S.A.You agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms or to any sale of goods carried out as a result of your use of the Service.Software related to or made available by the Service may be subject to export controls of the U.S.A, and, except as authorized by law, you agree and warrant not to export or re-export the software to any county, or to any person, entity, or end-user subject to U.S. export controls or sanctions.
(e) Investigations; Cooperation with Law Enforcement. Five Below reserves the right to investigate and prosecute any suspected breaches of these Terms or the Service. As permitted by applicable law, Five Below may disclose any information as necessary to satisfy any law, regulation, legal process or governmental request.
(f) California Consumer Rights and Notices. California residents can obtain information on our privacy practices, including how we comply with the California Online Privacy Protection Act and the California Shine the Light Act in our Privacy Policy. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center of the Consumer Information Division of the Department of Consumer Affairs by mail at: 1625 North Market Boulevard, Suite N 112, Sacramento, California, 95834, or by telephone at (800) 952-5210.Their website is located at: http://www.dca.ca.gov. Any California residents under the age of eighteen (18) who have registered to use the Service, and who have posted content or information on the Service, can request that such information be removed from the Service by contacting us here making such a request, stating that they personally posted such content or information and detailing where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view or anonymize it so the minor cannot be individually identified. This removal process cannot ensure complete or comprehensive removal. For instance, third-parties may have republished the post and archived copies of it may be stored by search engines and others that we do not control.
(g) Forward Looking Statements. Any forward-looking statements contained on the Web Site are intended to be made pursuant to the safe harbor provisions of the Private Securities Litigation Reform Act of 1995. The words “believes,” “expects” and “anticipates” and other similar expressions which are predictions of or indicate future events and trends and which do not relate solely to historical matters identify forward-looking statements. Such forward-looking statements are subject to risk and uncertainties, which could cause actual results, performance, or achievements of Five Below to differ materially from anticipated future results, performance or achievements expressed or implied by such forward-looking statements. Users are cautioned not to place undue reliance on these forward-looking statements. Some of the risks and uncertainties which may cause the actual results to differ from those projected by such forward looking statements are discussed under the heading “Risk Factors” in our Annual Report on Form 10-K which may be accessed on the internet at www.sec.gov or through the Service. Many of these uncertainties and risks are difficult to predict and beyond management’s control. Forward-looking statements are not guarantees of future performance, results or events. Five Below assumes no obligation to update or supplement forward-looking statements that become untrue because of subsequent events.
Five Below, Inc. and Five Below Merchandising Inc. support the goals of the California Transparency in Supply Chains Act of 2010 and strive to be examples of good human rights and labor practices throughout our business activities. Our partners around the globe make it possible for us to develop and create trend right, WOW product for our customers. As we do not own our manufacturing facilities, we take care in the selection of our vendors, and our process intends to screen out any that don't share our values.
Our business practices have been governed by integrity, honesty, fair dealing and full compliance with all applicable laws.
International Labor Organization research shows that there are at least 20million victims of forced labour across different industries worldwide and that women and children are particularly vulnerable. This disclosure for the California Transparency in Supply Chains Act (SB-657) outlines the steps we’re taking to prevent human trafficking and modern day slavery in our supply chain, ensuring our vendors meet internationally recognized standards and our vendor requirements.
Although the issue is not new, legislation in California has provided the opportunity for an industry-wide conversation about the steps brands are taking to eliminate human rights violations in their supply chains.
We are committed to upholding ethical sourcing practices globally, to protect the lives, freedom and well-being of all individuals who take part in manufacturing our products. Our vendor requirements outline zero tolerance policies, including forced and bonded labour. We require that all work must be completed on a voluntary and legal basis. This means that employees must be free to move and/or resign from their role, be free to leave at the end of their shift or under extenuating circumstances, and employers must not engage in illegal practices that restrict their employees’ freedom of movement.
We work with industry organizations, stakeholder groups and other brands to evaluate and address risks of human trafficking and slavery. Compliance with our vendor requirements is a pre-condition to start and maintain a business relationship with us. All manufacturing partners are required to uphold our vendor requirements. Facility audits are done by our third party auditing partners.
To ensure that our vendors uphold our requirements, we have the right to conduct announced and unannounced audits, as well as follow-up visits and verification. Visits and audits are an opportunity for us to strengthen our relationship, enhance transparency, and work together on preventive actions.
During an audit and any follow up visit, auditors meet with management; tour the site, review documents and interview employees.
Our vendor requirements apply to every vendor partnership that we form, and vendors must sign a certificate of compliance before beginning a relationship with us. In our vendor requirements, we also have a zero tolerance policy toward unapproved subcontractors, facilities and homework, and vendors who are not open, transparent and cooperative; this allows us to know who is producing our product, and how it’s being produced. All of our manufacturing partners must abide by the laws of the country in which they are doing business.
If forced or bonded labour are found during a facility audit, we will not conduct business with the vendor and we require that they correct the problem immediately. If one of our existing vendors were found to be complicit in any form of forced or bonded labour, we would require the vendor to address and correct the problem immediately, and we would launch an investigation into the issue. Our approach to manufacturing is to establish and maintain long-term partners that share our values and, where applicable, help develop preventive action plans to address and correct issues that arise. In extreme cases of systemic non-compliance or violation of our zero tolerance policies, we reserve the right terminate the business partnership.
We work to protect the integrity of our supply chain by educating our vendors, auditors, and our internal teams about human trafficking and slavery. We engage with industry organizations and other brands to stay abreast of the latest developments, issues and regulations.
We welcome your feedback on our disclosure and our efforts to prevent human trafficking and slavery; please email us at customer.relations@fivebelow.com.
Five Below, Inc. (“Five Below,” “we,” “our,” or “us”) cares about your privacy. This Supplemental U.S. State Privacy Notice (“Notice”) is provided for residents of California, Colorado, Connecticut, Utah, and Virginia (each a “Covered State”) and supplements other Five Below privacy policies and notices. This Notice describes our collection, use, and disclosure of Personal Information about residents of Covered States who interact with us as consumers (“Consumers”) and California residents who interact with us in the course of their work for another company (“California B2B Contacts”), as well as their rights under Covered State privacy laws. In the event of a conflict between any other policy, statement, or notice and this Notice, this Notice will prevail as to Covered State Consumers and California B2B Contacts.
“Personal Information” means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you. Personal Information does not include information that is publicly available, de-identified, or aggregated.
Within the past year, we collected and used Personal Information about Covered State Consumers and California B2B Contacts as described in the table below. Note that the Personal Information we collect about you may vary depending on the nature of your interactions with us and may not include all of the examples listed below.
Category of PI | Categories of Sources | Purposes for Collection |
---|---|---|
Identifiers, and personal records, including name, title, alias, account name, signature, address, telephone number, email address, Internet Protocol (IP) address, bank account number, payment card details, or other financial information. This category includes information described in Cal. Civ. Code § 1798.80(e). Commercial Information, including purchase history, products or services purchased, obtained or considered, and other purchasing or consuming histories or tendencies, promotional information such as customer reviews and responses to surveys, competitions, and sweepstakes. |
Directly from you (e.g., when you complete a form, obtain products or services from us, or communicate with us by email, phone, mail, text, etc.) Through Tracking Technologies on our website or mobile apps From other individuals (e.g., when friends or family place a gift order) From our service providers (such as marketing, analytics, communications, and fulfillment companies, and others that help us to run our business) From advertising networks From social networks From data brokers |
To fulfill orders, deliver your purchases, and otherwise provide our Services to you To provide refunds To provide customer service and support To communicate with you To support and enhance our marketing To provide you with relevant product recommendations and updates To show you relevant ads while you browse the internet or use social media To improve our products, services, business, website, and apps To detect and prevent fraud against you and/or us |
Protected Classification Characteristics, including age, race, ethnic origin, gender identity and gender expression. Some of the information included in this category is classified as sensitive under state privacy laws. | Directly from you From other individuals (e.g., when friends or family place a gift order) From our service providers (e.g., survey administrators) From data brokers |
To better understand our customers in order to improve our products, services, business, website, and apps Where reasonably required to provide our Services to you (for example, your age if you request a piercing) To satisfy legal requirements To detect and prevent fraud against you and/or us |
Internet or Other Electronic Network Activity Information, , including browsing history, search history, information regarding interactions with our website, apps, or advertisements, social media account information | Through Tracking Technologies on our website or mobile apps From advertising networks From social networks From data brokers From our service providers (such as marketing, analytics, communications, and fulfillment companies, and others that help us to run our business) |
To operate our website and apps To fulfill orders, deliver your purchases, and otherwise provide our Services to you To provide you with relevant product recommendations and updates To show you relevant ads while you browse the internet or use social media To improve our website and apps, set default options, and provide you with a better shopping experience To support and enhance our marketing To learn how we can improve our products and services To protect the security of our website and apps To detect and prevent fraud against you and/or us To help you find one of our stores |
Geolocation Data, including physical location inferred from your device location or IP address. Some of the location data we collect includes precise geolocation (within a radius of 1,850 feet), which is considered sensitive under some state privacy laws. | Through Tracking Technologies on our website or mobile apps From advertising networks From social networks From data brokers From our service providers (such as marketing, analytics, communications, and fulfillment companies, and others that help us to run our business) |
To help you find one of our stores To fulfill orders deliver your purchases, and otherwise provide our Services to you To improve our website and apps, set default options, and provide you with a better shopping experience To support and enhance our marketing To learn how we can improve our products and services To protect the security of our website and apps To detect and prevent fraud against you and/or us |
Audio, electronic, visual, thermal, olfactory, or similar information | Directly from you when you visit our physical locations, call us, or interact with us by videoconferencing From our service providers (e.g., customer service vendors, store security contractors) | To provide customer service and support To learn how we can improve our products, services, business, website, and apps To provide training to our staff Store security To detect and prevent fraud against you and/or us |
Inferences , about preferences, characteristics, predispositions, behavior, or attitudes | Drawn from other categories of Personal Information we collect From our service providers (such as marketing, analytics, communications, and fulfillment companies, and others that help us to run our business) From data Brokers |
To provide you with appropriate products, recommendations, and updates To help you find relevant products more quickly To show you relevant ads while you browse the internet or use social media To improve our products, services, business, website, and apps To protect the security of our website and apps To detect and prevent fraud against you and/or us |
We may also use, and disclose Personal Information as required by law, regulation or court order; to respond to governmental and/or law enforcement requests; to identify, contact or bring legal action against someone who may be causing injury to or interfering with our (or others’) rights or property; to support any actual or threatened claim, defense or declaration in a case or before any jurisdictional and/or administrative authority, arbitration or mediation panel; or for other purposes described in any other privacy notice or with your consent. Additionally, we may use and disclose personal information to third parties in connection with a sale, assignment, merger, reorganization, or other corporate transaction relating to all or part of our business.
We keep the categories of Personal Information described above for as long as necessary for the purposes described in this Notice or otherwise authorized by law. This generally means holding the information for as long as one of the following apply:
Where Personal Information is used for more than one purpose, we will retain it until the purpose with the latest period expires.
The chart below shows the categories of Personal Information we disclose for business or commercial purposes to our service providers and contractors (including vendors that provide delivery and fulfillment services, financial services, technical support, advertising, public relations, media and marketing services, promotions, campaigns and contest-related services, call center and customer support services, e-commerce and other web-related services such as web hosting and web monitoring services, and event-related services).
Category of Personal Information | Purposes for Disclosure |
---|---|
Identifiers Personal records Commercial information Inferences |
Services performed on our behalf relating to:
Ensuring security and integrity of personal information Short-term, transient use, including, but not limited to, non-personalized advertising Undertaking internal research for technological development and demonstration Undertaking activities to verify or maintain the quality or safety of our Services To comply with applicable laws and regulations For safety and security Detecting, protecting against, or addressing malicious, deceptive, fraudulent, or illegal activity |
Protected classification characteristics | Services performed on our behalf relating to Services you request that reasonably require the processing of this type of information (for example, your age if you request a piercing) To provide refunds To better understand our customers in order to improve our products, services, business, website, and apps |
Internet or other electronic network activity information Geolocation data |
Services performed on our behalf relating to:
Ensuring security and integrity of personal information Short-term, transient use, including, but not limited to, non-personalized advertising Undertaking internal research for technological development and demonstration Undertaking activities to verify or maintain the quality or safety of our Services To comply with applicable laws and regulations For safety and security Detecting, protecting against, or addressing malicious, deceptive, fraudulent, or illegal activity |
Audio, electronic, visual, thermal, olfactory, or similar information | Services performed on our behalf relating to:
Undertaking internal research for technological development and demonstration Undertaking activities to verify or maintain the quality or safety of our Services To comply with applicable laws and regulations For safety and security Detecting, protecting against, or addressing malicious, deceptive, fraudulent, or illegal activity |
Although we do not sell Personal Information in exchange for money, some of the ways in which we share Personal Information for targeted advertising or analytics may be considered “sales” or “sharing” under some US state privacy laws. The chart below shows the categories of Personal Information we share for purposes of targeted/cross-context behavioral advertising, or otherwise “sell,” for non-monetary consideration. We do not have actual knowledge that we sell or share the Personal Information of people under 16 years of age.
Category of Personal Information | Categories of Recipients | Purposes for Selling / Sharing |
---|---|---|
Identifiers | Third-party advertising networks, social networks, and data brokers Data analytics providers |
To show you relevant ads while you browse the internet or use social media To support and enhance our marketing |
Internet or other electronic network activity information Commercial Information Geolocation data Inferences |
Third-party advertising networks and social networks Data analytics providers |
To show you relevant ads while you browse the internet or use social media To support and enhance our marketing |
Your California privacy rights are described below. To make a request, complete an online form on our website by clicking here (or call us at 1 (888) 914-9661 PIN: 103 569). Please note that when submitting a request to know, request to delete, or request to correct, you may be asked to provide information to verify your identity before action is taken. Typically, we ask you to provide 2-3 pieces of Personal Information that we will match against our records to verify your identity. You may designate an authorized agent to make a request on your behalf using our Authorized Agent submission form or toll-free number. An authorized agent must submit proof to us that they are authorized by you to act on your behalf, and you will still need to verify your identity directly with us before your request can be processed.
Right to Know.You have the right to know what Personal Information we have collected about you, which includes:
Right to Delete. You have the right to request that we delete Personal Information we collected from you, subject to certain exceptions. Where we use deidentification to satisfy a deletion request, we commit to maintaining and using the information in deidentified form and will not attempt to reidentify the information.
Right to Correct. If you believe that Personal Information we maintain about you is inaccurate, you have the right to request that we correct that information.
Right to Opt Out of Sales and Sharing of Personal Information. You have the right to opt out of the sale of your Personal Information, and to request that we do not share your Personal Information for cross-context behavioral advertising. To opt-out, please click on the “Your Privacy Choices” link in the footer of our website. If you choose to use the Global Privacy Control (GPC) browser signal, you will only be opted out of sales or sharing of Personal Information taking place through online tracking technologies, and will need to turn it on for each browser you use. To submit a request to opt out of offline sales and sharing, please use our webform .
Right to Limit Use and Disclosure of Sensitive Personal Information. We do not use or disclose Sensitive Personal Information for purposes to which the right to limit use and disclosure applies under the CCPA.
Right to Non-Discrimination for the Exercise of Your Privacy Rights. If you choose to exercise any of your privacy rights under the CCPA, you also have the right not to receive discriminatory treatment by us.
California job applicants can find additional disclosures in our California Applicant Privacy Notice. If you are a Five Below employee, please see our California Employee Privacy Notice for additional disclosures.
If you are a Consumer who is a resident of a Covered State other than California, you have the right to submit certain requests relating to your Personal Information as described below. To exercise any of these rights, please submit a request through our webform . Please note that we will need to authenticate your identity before your request can be processed. For authentication, you will be asked to provide 2-3 pieces of Personal Data that we will match against our records.
Access and Data Portability. You can confirm whether we are processing your Personal Information, access your Personal Information, and obtain a copy of Personal Information you provided to us in a portable format.
Correction. You may request that we correct inaccuracies in your Personal Information, taking into account the nature of the Personal Information and our purposes for processing it.
Deletion. You may request that we delete your Personal Information, subject to certain exceptions.
Right to Opt Out.You can opt out of the following uses of your Personal Information: (a) targeted advertising; (b) the sale of Personal Information; and (c) profiling in furtherance of decisions that produce legal or similarly significant effects. We do not use your Personal Information in ways that qualify as profiling under applicable state privacy law or sell Personal Information for money. To opt out of targeted advertising or sale of Personal Information through online tracking technologies, please click on the “Your Privacy Choices” link in the footer of our website. To submit a request to opt out of offline sales of Personal Information, please use our webform.
Right to Appeal. Sometimes we are unable to process requests relating to your Personal Information, in which case, your request will be denied. If you are a resident of a Covered State whose privacy rights request has previously been denied by us and you believe we denied it in error, you may appeal for reconsideration of your request using our webform .
For any questions about how we handle your Personal Information, or if you need to access this Notice in an alternative format due to a disability, please email us at privacy@fivebelow.com or call us at 888-914-9661 PIN: 103 569. You also may write to us at: Five Below, Inc., 701 Market Street, Suite 100, Philadelphia, PA 19106 (Attn: Compliance Department).
we’re excited to welcome you back into our stores! all stores are open! most store hours are sunday-thursday 11am-7pm and friday-saturday 10am-8pm. to ensure your safety, sometimes we do need to close for extra cleaning. plz check our store locator before making your trip.
when you visit, rest easier knowing we’re taking steps to keep you and our wow crew safe:
our wow crew follows rigorous cleaning routines using disinfectant, focusing particularly on high-touch surfaces like shopping baskets, registers and door handles.
“five is always cool but 6 feet apart is best.” we’ve rearranged our stores a bit to provide everyone room to keep a safe social distance. our new in-store signage will remind everyone to let go & have fun (and give each other some space).
our stores have all the recommended ppe items to keep us safe. items like gloves, masks and face shields are available for our crew members (and many have opted to sport their own fun, reusable masks!). we’ve taught the wow crew how to properly use, clean and dispose of their safety gear.
we’ve got hand sanitizers in several designated areas, including right near the registers for customers to use after completing their purchase.
we’ve scaled our hours back to allow the wow crew extra time to thoroughly clean our stores and restock the products our customers need.
we operate all over the country. we’re keeping up on federal, state and local laws to ensure we’re following guidelines on how best to keep our customers and wow crew safe.
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The Bugha 7 Sweepstakes (the "Promotion") begins at 9:00:01 AM Eastern Time (“ET”) on November 11, 2020 and ends at 9:00:00 PM ET on December 2, 2020 (the “Promotion Period”). The Promotion contains a game of chance (“Sweepstakes”). The computer clock of the Sponsor (defined below) is the official time-keeping device in the Promotion.
This Sweepstakes is in no way sponsored, endorsed, or administered by Twitter, Inc. (“Twitter”) or TikTok. All questions, comments or complaints regarding the Sweepstakes should be directed to the Sponsor at the address listed below and not to Twitter or TikTok.
This promotion uses the Instagram™ and is not endorsed or certified by Instagram or Instagram, Inc. All Instagram™ logos and trademarks displayed on this promotion are property of Instagram, Inc.
ELIGIBILITY: The Promotion is open only to legal residents of the 50 United States (excluding Puerto Rico) and the District of Columbia, who are 13 years of age or older as of date of entry (Grand Prize Winner shall be 13-17 years of age only as outlined in Section 5). Employees, officers and directors of Five Below, Inc. (“Sponsor”), Vayner Sports, Realtime Media LLC (“Administrator”) and their respective parent companies, affiliates, subsidiaries, advertising, contest, fulfillment and marketing agencies, (collectively, “Promotion Parties”) their immediate families (parent, child, sibling & spouse and their respective spouses, regardless of where they reside) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Promotion. By participating, you agree to these Official Rules and to the decisions of the Sponsor, which are final and binding in all respects. Void in any state not listed above and where prohibited by law, rule or regulation. All federal, state and local laws and regulations apply.
HOW TO ENTER THE PROMOTION: Use the Instagram, Twitter, or TikTok applications (each an “Application”) on your mobile device to upload one (1) photo of each collected Bugha card (seven (7) unique cards available). Bugha collector cards can be found in each Bugha gaming product, only available at Five Below. The caption of each submitted photo must include the hashtags #Bugha7” and “#Sweepstakes” as well as the mention @fivebelow. Instagram, Twitter, or TikTok account must be made public. Collectively the Instagram, Twitter, or TikTok unique photo, associated hashtags, and mention is your “Entry”. Limit of 7 Entries per person, regardless of method of entry. In the event of a dispute as to any Application account, the authorized account holder of used to register at the Application will be deemed to be the participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Each participant selected as a potential winner may be required to show proof of being the authorized account holder as part of the winner validation process.
TWITTER RETWEETS: Users will receive an additional entry for retweets of any post that includes the promotion hashtags (#Bugha7” and “#Sweepstakes”) on Twitter and the user includes the promotion hashtags (#Bugha7” and “#Sweepstakes”) when retweeting. Limit of up to 7 additional Sweepstakes Entries per person for the length of the Promotion Period.
ALTERNATE MEANS OF ENTRY: To enter without purchase, hand-print your full name, full mailing address, email address, phone number, and birth date on a plain 3x5 inch paper. Mail your completed entry to Realtime Media, Attn: Bugha 7 Sweepstakes Entry, 200 Four Falls Corporate Center, Suite 130, Conshohocken, PA 19428. Each entry must be mailed separately in a hand-addressed, stamped envelope. No photocopied or mechanically reproduced entries will be accepted. No responsibility is assumed for lost, late, incomplete, illegible, misdirected or postage-due entries. No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer or data transmission errors, malfunctions or difficulties of any kind or (ii) any incorrect data contained in any sweepstakes entry. Mail-in entries must be postmarked no later than December 2, 2020 and received by December 7, 2020 to be eligible for the drawing. All entries become the property of Sponsor and will not be returned or acknowledged. Limit of one (1) entry per person, per email address, per phone number, per mailing address throughout the Promotion Period.
SWEEPSTAKES DRAWING/ODDS: On or about December 8, 2020, the Administrator will conduct a random drawing from all eligible Entries received within the Promotion Period and select One (1) Grand Prize winner and Five (5) Runner Up Winners. Odds of winning a Promotion prize depend on the number of eligible Entries received.
WINNER NOTIFICATION: The potential prize winners will be notified via direct message to the social media account used to enter the Promotion within three (3) business days of winner selection or as soon as reasonably practicable. Potential winners will have five (5) days to respond to winning notification before forfeiting their prize. Any winner of a prize package valued at $600 or more will be sent an Affidavit of Eligibility/Liability Release via email. All forms must be completed, signed, and returned to Administrator within five (5) days of date of issuance. Potential winner becomes the “Winner” only after verification of eligibility by Sponsor. If such potential winner cannot be contacted within a reasonable time period, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit that prize and an alternate winner will be selected from among all remaining entries for that drawing. If a Runners Up Winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either may be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents. In the event of the Grand Prize, the parent or legal guardian of winner may be required to ratify and sign all Prize Claim Documents.
PRIZES/PRIZE RESTRICTIONS: One (1) Grand Prize and Five (5) Runner Up Prizes will be awarded during the Promotion.
GRAND PRIZE (1)*: Full Five Below Exclusive Bugha Gaming Collection which includes: • One (1) ELITE GAMING HEADSET • One (1) ELITE GAMING KEYBOARD • One (1) ELITE GAMING SUBWOOF SPKR • One (1) ELITE GAMING MOUSE • One (1) ELITE GAMING HP STAND • One (1) ELITE GAMING MOUSEPAD • One (1) ELITE GAMING MICROPHONE • One (1) Gaming Chair: Premium Respawn Gaming Chair” with high back & full 360-degrees of swivel • One (1) $100 Five Below gift card (to be redeemed in store only, cannot be redeemed online) • Play and learn with the best! 30-min one-on-one VIP gameplay with Bugha aka “Kyle Giersdorf! o Winner shall be 13-17 years of age
*Grand Prize Winner shall be 13-17 years of age only
The Approximate Retail Value (“ARV”) of the Grand Prize is $395.00 + VIP experience: one-on-one gameplay with Bugha!
RUNNER UP PRIZES (5)*: • Full Five Below Exclusive Bugha Gaming Collection which includes: o One (1) ELITE GAMING HEADSET o One (1) ELITE GAMING KEYBOARD o One (1) ELITE GAMING SUBWOOF SPKR o One (1) ELITE GAMING MOUSE o One (1) ELITE GAMING HP STAND o One (1) ELITE GAMING MOUSEPAD o One (1) ELITE GAMING MICROPHONE • One (1) Premium Respawn Gaming Chair” with high back & full 360-degrees of swivel
*Runner Up Prize Winners shall be 13 years of age or older
The Approximate Retail Value (“ARV”) of each Runner Up Prize is $295.00
The total ARV of all prizes is $1,870.00
PRIZE RESTRICTIONS: Limit of one (1) Promotion Prize per person/per household. All Promotion prizes will be fulfilled approximately four (4) to six (6) weeks after the Promotion has ended. Prizes will be awarded only upon winner redemption, confirmation, verification and final approval by Sponsor. No substitution, transfer of any prize or cash alternative permitted, except by Sponsor who reserves the right, in its sole discretion, to substitute a prize of equal or greater value, if prize, or portion of prize, becomes unavailable. Promotion Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes.
PRIZES ARE AWARDED “AS IS” WITH NO GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED BY THE PROMOTION PARTIES. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE WINNERS’ SOLE RESPONSIBILITY. GENERAL: Each winner hereby expressly grants to the Promotion Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark or other intellectual property rights in such Advertising shall be owned by Sponsor and/or its licensors, and each winning participant hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such winning recipient’s name, likeness or voice under contract, tort or any other theory of law. The Promotion Parties do not assume any responsibility for any disruption in the Promotion Parties, including but not limited to the failure or interruption of an Application or Facebook or any internet service provider. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Promotion materials and the terms and conditions of these Official Rules, these Official Rules shall prevail, govern, and control. In no event will more prizes be awarded than those listed in Rule #5. All federal, state, and local laws and regulations apply. All decisions as to these Official Rules and interpretations thereof are exclusively within the sole discretion of the Promotion Parties and may be changed from time to time without notice. The Promotion Parties reserve the right to cancel or modify the Promotion at any time without notice. A potential winner may be requested to provide the Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning Entry. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed ineligible. Entries generated by a script, macro or other automated means will be disqualified. Entries that are incomplete, garbled, or corrupted are void and will not be accepted. The Promotion Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by participants or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; (3) technical or human error which may occur in the administration of the Sweepstakes or the processing of Sweepstakes submissions, including, but not limited to, malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (4), late, lost, undeliverable, or damaged mail; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from participant’s participation in the Sweepstakes or receipt or use of any prize or while traveling to or from any prize-related activity. Winner also further acknowledges that the Promotion Parties have neither made, nor are in any manner responsible or liable for, any warranty, representation or guarantee, expressed or implied, in fact or in law relative to any prize or this Sweepstakes including but not limited to quality, condition or fitness for a particular purpose. If for any reason a participant’s submission is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, participant’s sole remedy is another submission and thereby another entry into the Sweepstakes. No more than the stated number of prizes will be awarded. 6. CONDUCT: By participating in this Promotion, you agree to be bound by these Official Rules and the decisions of the Promotion Parties, which shall be final, binding and non-appealable in all respects. Failure to comply with these Official Rules may result in disqualification. The Promotion Parties reserve the right at their sole discretion to disqualify any individual found to be tampering with the participation process or the operation of the Promotion, or to be acting in any manner deemed by the Promotion Parties to be in violation of the Official Rules, or to be acting in any manner deemed by the Promotion Parties to be unsportsmanlike or disruptive, or with intent to annoy, abuse, threaten or harass any other person and void all associated Entries and/or registrations. CAUTION: ANY ATTEMPT BY A USER, YOU OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, THE PROMOTION PARTIES RESERVE THE RIGHT TO SEEK DAMAGES AND OTHER REMEDIES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
LIMITATIONS OF LIABILITY: The Promotion Parties assume no responsibility or liability for (a) lost, late, stolen, undelivered, inaccurate, incomplete, delayed, misdirected, damaged or garbled registrations, Entries, URLs, or emails; (b) any incorrect or inaccurate Entry information, or for any faulty or failed electronic data transmissions; (c) any unauthorized access to, or theft, destruction or alteration of Entries or registrations at any point in the operation of this Promotion; (d) any technical malfunction, failure, error, omission, interruption, deletion, defect, delay in operation or communications line failure, regardless of cause, with regard to any equipment, systems, networks, lines, cable, satellites, servers, computers or providers utilized in any aspect of the operation of the Promotion; (e) inaccessibility or unavailability of the Internet or the Web Site or any combination thereof or for computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Promotion, including, without limitation, errors or difficulties which may occur in connection with the administration of the Promotion, the processing of Entries, social networking posts, or registrations, the announcement of the prizes, or in any other Promotion-related materials; or (f) any injury or damage to participants or to any other person's computer which may be related to or resulting from any attempt to participate in the Promotion. If, for any reason, the Promotion (or any part thereof) is not capable of running as planned for reasons which may include, without limitation, infection by computer virus, tampering, unauthorized intervention, fraud, technical failures, or any other causes which may corrupt or affect the administration, security, fairness, integrity or proper conduct of this Promotion, then the Promotion Parties reserve the right at their sole discretion to cancel, terminate, modify or suspend the Promotion in whole or in part. If terminated, the Promotion Parties will award the prizes from among all non-suspect, eligible Entries received for the Promotion up to the time of such action.
RELEASES: All participants, as a condition of participation in this Promotion, agree to release, hold harmless and indemnify the Promotion Parties from and against any and all liability, claims, damages, or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained, in whole or in part, directly or indirectly, in connection with (i) participation in any aspect of the Promotion, (ii) the receipt, ownership or use of the prize awarded, including any travel associated with any prize, (iii) participant’s registration material on any related website, or (iv) any typographical or other error in these Official Rules.
CHOICE OF LAW AND JURISDICTION: Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of entrants or winners, Sponsor, and administrator in connection with this Promotion, shall be governed by, and construed in accordance with, the laws of the Commonwealth of Pennsylvania, without giving effect to any choice of law or conflict of law rules or provisions (whether of the Commonwealth of Pennsylvania or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the Commonwealth of Pennsylvania. Any action seeking legal or equitable relief arising out of or relating to the Promotion or these Official Rules shall be brought only in the courts of the Commonwealth of Pennsylvania. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
PRIVACY: Except as noted in these Official Rules, information collected for this Promotion is used only for the purpose of Promotion administration and winner notification and will not be re-used, sold or shared in any manner by the Promotion Parties or any third parties unless you have elected to receive additional information or promotional material from the Sponsor, or a third party. By participating in the Promotion, participant agrees to all of the terms and conditions of the Sponsor’s Privacy Policy, which is available at https://www.fivebelow.com/privacy. In the event of any discrepancy between the Sponsor’s Privacy Policy and these Official Rules, these Official Rules shall control and govern.
TAX INFORMATION: All federal, state, local, and other taxes on prizes and any other costs and expenses associated with prize acceptance and use not specified herein as being provided, are the sole responsibility of the applicable winner. A 1099 tax form (preceded by a W9 Form) will be issued to the all Runner Up and Grand Prize Winners.
WINNERS LIST: To receive the list of winners of prizes, send a #10 self-addressed, stamped envelope for receipt by December 31, 2020 to: Bugha 7 Sweepstakes Winners List Request, c/o Realtime Media, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428.
SPONSOR: Five Below, Inc. 701 Market Street, Philadelphia, PA 19106
ADMINISTRATOR: Realtime Media LLC, 200 Four Falls Corporate Center, Suite 100, Conshohocken, PA 19428