Terms & Conditions: Bath and Body Works Alerts

This initiative is being sponsored by 5th International US, Inc. (5th Finger) (the "Initiative").

Initiative Period: July 6th, 2009 - ongoing.

How does it work? You text “BBW” to the shortcode and receive back approximately 1 message per week with an update or alert about Bath and Body Works.  The message content that comes back will either be a text message or an image file, depending on carrier, handset, and message.  Mostly it will be a text message. Visit www.5thfinger.com/tc/bbw for more information.

Participant Requirements You must have a wireless device of your own capable of 2-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.

Participant Opt-Out or Help To opt out of future messages at any time, text STOP to 588229 (LUVBBW) or reply STOP to any text message, email info@5thfinger.com, or call 18007565005.

Notices

Costs: You will be charged the standard text messaging fee charged by your wireless carrier for each message you send or receive, in accordance with the terms of your cellular subscription plan. Other carrier-specific rates may apply, depending on your individual wireless pricing plan, in accordance with your wireless customer agreement. You are responsible for all applicable taxes. Consult your wireless service provider regarding their pricing plans. Other charges may apply.

Participating Wireless Carriers: Alltel, AT&T, Boost, Cellular One, Nextel, Sprint, T-Mobile, Verizon Wireless, and Virgin Mobile USA.

The service is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier.

Rights

Releases; No Warranties; Reservations

By participating, you agree to release and hold harmless 5th Finger and Participating Wireless Carriers ("Released Parties") and their respective representatives, agents, successors, assigns, employees, officers and directors, from any and all liability, for loss, harm, damage, injury, cost or expense whatsoever including without limitation, property damage, personal injury and/or death which may occur in connection with this Initiative, and for any claims based on violation of law or infringement or violation of any rights of any person or entity, including, without limitation, violation of publicity rights, defamation, invasion of privacy. Released Parties are not responsible for any printing, typographical, mechanical or other errors in associated promotional materials in connection with this Initiative. Participating Wireless Carriers and/or each of their respective subsidiaries, affiliates, shareholders, officers, directors, agents, representatives and employees are not responsible for this Initiative, and none of them will have any liability or responsibility for any claim arising in connection with participation in this Initiative.

The Released Parties make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished by third parties in connection with this Initiative. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, ALL SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE RELEASED PARTIES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSES AND/OR NON-INFRINGEMENT.

Released Parties are not responsible for technical, hardware, software, electronic, network, telephone or other communications malfunctions, errors or failures of any kind, errors in transmission, traffic congestion, lost or unavailable network connections, telephone connections, wireless phone connections, web site, Internet, or ISP availability, unauthorized human intervention, traffic congestion, incomplete or inaccurate capture of entry information (regardless of cause) or failed, incomplete, garbled, jumbled or delayed transmissions which may limit or restrict your ability to send a message, including any injury or damage to your or any other person's wireless device relating to or resulting from participating in this Initiative.