Official Sweepstakes Rules

Transcription

1 Official Sweepstakes Rules NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD(S) OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING. THIS SWEEPSTAKES IS SUBJECT TO FEDERAL, STATE, AND LOCAL REGULATIONS AND LAWS AND VOID OUTSIDE THE UNITED STATES AND WHEREVER PROHIBITED OR RESTRICTED. THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED BY OR ASSOCIATED WITH MAILCHIMP. 1. SPONSOR. This Sweepstakes is sponsored by Provo Towne Centre ( Sponsor ). 2. SWEEPSTAKES PERIOD. The Sweepstakes begins on November 4, All Entries (as defined in Paragraph 5 hereof) must be received during the Sweepstakes Period. The Sponsor s computer (or that of its designee for this sweepstakes) is the official time keeping device for online Entry into the Sweepstakes. For purposes of these Official Sweepstakes Rules, all times and days are Mountain Standard Time. 3. ELIGIBILITY. The Sweepstakes is open to all legal residents of the United States of America and the District of Columbia ( Sweepstakes Territory ) who are 18 years of age or older as of the beginning of the Sweepstakes Period. Each person submitting an Entry in this Sweepstakes is an Entrant. All Entries by Entrants under 18 years of age, must be submitted by a parent or legal guardian on behalf of such Entrants. Participation in this Sweepstakes constitutes each Entrant s full and unconditional representation of their age, as well as acceptance of these Official Sweepstakes Rules and consent to be contacted by Provo Towne Centre by . Employees of the Sponsor, its parent, subsidiaries, affiliates, and all advertising agencies, printers, promotional agencies and families of each involved in this Sweepstakes are not eligible to participate or win. 4. WINNER SELECTION. Winning Entries will be selected in a random drawing, to be conducted within 24 hours after the last day of each month, from among all eligible Entries received by the Sponsor. 5. HOW TO ENTER. Only one (1) entry per person and per account will be eligible. A winning Entry (the Winner ) will be selected from all validly submitted Entries as described in Paragraph 4. Entrant may enter the Sweepstakes during the Sweepstakes period in one of three (3) ways: (a) Online: Log onto the Provo Towne Centre website and sign-up to receive s from Provo Towne Centre and follow the instructions per the website, which complies with the terms of these Official Sweepstakes Rules. If there is a dispute regarding the identity of an address user Entrant, the authorized address user with valid Utah Driver s License will be deemed the Entrant; (b) By Mail: Entrant may submit the following information typed or printed on an index card: Full name, complete address, city, state, zip code, and telephone number with area code, address, and date of birth (MM/DD/YYYY) ( Personal Data ) along with an acknowledgement that Entrant has read and agrees to comply with the Official Sweepstakes Rules. Official Sweepstakes Rules Page 1 of 9

2 The index card should be mailed in an envelope via U.S. Postal Service, postage prepaid, to Sponsor at Provo Towne Centre, 1200 Towne Center Blvd., Provo, UT, and must be received prior to the end of the Sweepstakes Period. A mail-in Entry will be treated in the same manner as an electronic Entry. (c) By Entry Form: Entrant may fill out an entry form at the property and submit it as stated on the entry form. The entry form must be received prior to the end of the Sweepstakes Period. An entry form will be treated in the same manner as an electronic entry. (d) Entry shall mean and refer to each online and mail entry. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, undelivered, or misdirected Entry information. Upon submission, all Entries (subject to your rights in the Personal Data (defined below) shall become the exclusive property of the Sponsor and will not be acknowledged or returned. 6. PERSONAL DATA. All Personal Data will be held, used and processed by the Sponsor in accordance with its Privacy Policy as posted on Sponsor s webpage at Entrants must provide all required information for their Entry to remain eligible. 7. WARRANTIES AND CONSENTS. By completing and submitting an Entry, Entrant: (a) represents and warrants that (i) Entrant has read, and agrees to be bound by the Official Sweepstakes Rules, (ii) based on the Official Sweepstakes Rules, Entrant is eligible to participate in the Sweepstakes, (iii) all of the information provided as part of Entrant s Entry is accurate, does not violate any third party s legal rights (including without limitation rights of privacy and publicity), and otherwise does not violate applicable law. 8. ODDS. The odds of becoming a Winner depend on the number of Entries received. 9. WINNER NOTIFICATION. Winners will be announced within 24 hours of the last day of each month. Each Winner will be notified via telephone and/or and will be given instructions on how to claim the prize. Three (3) attempts will be made to contact a Winner within a 7 day period. If a Winner fails to respond within the 7 day period, or if an attempt is consistently returned as undeliverable, or if the selected Winner cannot accept or receive the prize for any reason, or s/he is not in compliance with these Official Sweepstakes Rules, the prize will be forfeited and an alternate Winner may be selected at Sponsor s discretion. Each Winner has 7 days after acceptance to take delivery of their prize. Additionally, each Winner will be required to sign and return an Affidavit and Release Form (where legal and applicable) in accordance with Paragraph 10 below. 10. AFFIDAVIT OF ELIGIBILITY. Each Winner will be required to execute and return to the Sponsor an Affidavit of Eligibility and Liability/Publicity Release (the Affidavit ) (where permitted and applicable) within fourteen (14) days of notification (first attempted delivery). If a Winner is under the age of eighteen (18) years of age, but an eligible minor in his/her state of residence, the prize will be awarded to a parent/legal guardian of Winner who must execute and return any required documents as noted previously in these Official Sweepstakes Rules. By completing, signing and returning the Affidavit, a Winner (i) releases and forever discharges the Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies Official Sweepstakes Rules Page 2 of 9

3 from all claims, demands, damages, actions and causes of action arising out of participation in this Sweepstakes or to arise by use of the prize, (ii) confirms compliance with these Official Sweepstakes Rules, and (iii) gives permission to the Sponsor, at its option, to publish or otherwise use the Winner s name, address, photograph, voice and comments, without compensation, in any publicity carried out by the Sponsor or its respective advertising agencies, except where prohibited by law. 11. AWARDING OF PRIZES. All prizes in the Sweepstakes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. All prizes must be accepted as awarded. Prizes are awarded AS IS with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Each Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Prizes will be awarded only upon successful verification that all Sweepstakes requirements have been met, including, eligibility, age and other claims of/information provided by a potential Winner. Unused components of a prize shall be forfeited and have no redeemable cash value. Winners must take delivery of Prize within 7 days of notice of availability from Sponsor or the prize supplier, at a time and place specified by Sponsor or the prize supplier. Winner waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem the Prize, if any. 12. PRIZE DETAILS. (a) Prize: The one (1) Prize Winner, selected at random, will receive a $50.00 Provo Towne Centre gift card. The Approximate Retail Value ( ARV ) of the Grand Prize is $ If the actual value is less than the stated ARV in these Official Sweepstakes Rules, the difference will not be awarded in cash. 13. TAXES. Any valuation of the Prizes stated above is based on available information provided to the Sponsor. The value of the Prizes will be taxable to Winners as income. All federal, state and local taxes and any other costs and expenses associated with the acceptance and/or use of Prizes not specifically provided for in these Official Sweepstakes Rules are solely the Winner's responsibility. Winners are solely responsible for reporting and paying any and all applicable taxes. Any residents of the 50 United States that win $600 or more in Prizes will have income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form will be sent to the IRS. Any Prize awarded above the threshold shall require the Winner to provide the Sponsor with valid identification and a signed Form W-9 with a valid taxpayer identification number or social security number before any Prize will be awarded. Entrant must contact his/her own tax advisor for any questions concerning taxes. 14. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes Winners consent to Sponsor s (and its designees, successors and assigns ) use of Winner s name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and Official Sweepstakes Rules Page 3 of 9

4 country for promotional purposes in any manner or media (including, without limitation, online), worldwide, in perpetuity, and without further payment, consideration, notice, review or consent. 15. INDEMNIFICATION. By entering the Sweepstakes, ENTRANTS AND EACH WINNER AGREE TO FOREVER RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR, SPONSOR S PARENT COMPANIES, MANAGING AGENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RELATED PARTIES, AND EACH OF THE FOREGOING ENTITIES RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE RELEASED PARTIES ) FROM AND AGAINST ANY AND ALL LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT S PARTICIPATION IN THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS, OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Entrants and each Winner further covenant not to sue Sponsor or any of the other Released Parties and hereby acknowledge that neither Sponsor nor any Released Party has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Sweepstakes or the Prizes. 16. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of Entries; (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant s participation in the Sweepstakes or receipt or use or misuse of any Prize; or (6) undeliverable s. If for any reason an Entrant's Entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant s sole remedy is another Entry in the Sweepstakes at the discretion of the Sponsor. 17. DISPUTES. Entrants and each Winner agree that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Utah courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys fees; and (3) under no circumstances will an Entrant or a Winner be permitted to obtain awards for, and each Entrant and Winner hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY Official Sweepstakes Rules Page 4 of 9

5 FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO ENTRANT. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and obligations of the Entrants, the Winners and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Utah without giving effect to any choice of law or conflict of law rules (whether of the State of Utah or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Utah. 18. TERMINATION; MODIFICATION. In the event Sponsor is prevented from continuing with the Sweepstakes as a result of lack of feasibility of the Sweepstakes, compromised integrity of the Sweepstakes, infection by computer virus, unauthorized intervention, technical failures, or any other causes beyond Sponsor s control, Sponsor may, within its sole discretion, cancel, terminate, modify, or suspend the Sweepstakes. If Sponsor elects to abbreviate the Sweepstakes as a result of such an event, Sponsor may award the prizes from among all valid and eligible Entries received up to the time of such event. In no event will more prizes be awarded than stated in these Official Sweepstakes Rules. 19. GENERAL CONDITIONS. Any individual found to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Sweepstakes Rules or in an unsportsmanlike or disruptive manner, at Sponsor s sole discretion, may be disqualified and SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor s failure to enforce any term of these Official Sweepstakes Rules shall not constitute a waiver of that provision. Potential Winners may be required to provide Sponsor with proof that he/she is the authorized account holder of the address associated with the winning Entry. Proof of submitting Entries will not be deemed to be proof of receipt by Sponsor. 20. WINNERS LIST. For a list of the Winners names (available after the Sweepstakes ends) and/or a copy of these Official Sweepstakes Rules, send a hand-printed, self-addressed, stamped envelope to Provo Towne Centre, 1200 Towne Center Blvd., Provo, UT, within 14 days after the Sweepstakes ends. 21. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be contacted is: Provo Towne Centre, 1200 Towne Center Blvd., Provo, UT, Official Sweepstakes Rules Page 5 of 9

6 Affidavit of Eligibility and Liability/Publicity Release STATE OF COUNTY OF I,, being first duly sworn, state that I am of legal age in my home territory and my social security number is - -. I reside at. My telephone number is. I am submitting this Affidavit of Eligibility and Liability/Publicity Release ( Affidavit/Release ) to Provo Towne Centre ( Sponsor ), with the understanding that it will be relied upon by Provo Towne Centre in connection with my having been awarded, subject to eligibility, the Prize in the Monthly Winner (the Sweepstakes ), as such Prize is described in the Sweepstakes Official Rules (attached hereto). The Winner is referred to below as I or me. In consideration of the awarding of the Prize to me, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, I (and if I am a minor, my parent or legal guardian) hereby agree as follows: 1. I hereby represent and affirm that I have read, complied with, and will continue to comply with all the rules and regulations set forth in the Official Rules; that I am eligible to receive the Prize awarded to me in the Sweepstakes; that I am neither an employee or agent of any of the Sponsoring parties, nor the immediate family member (spouse, mother, father, sibling, son, or daughter) of the same household (whether related or not) of any such employee or agent, and that I have not participated in the Sweepstakes on behalf of any such employee or agent. Without limiting the foregoing, I represent that I satisfy all eligibility requirements (e.g., as to my age and place of residence) set forth in the official Sweepstakes rules, which I acknowledge having read and understood, and any other requirements imposed by law. 2. I understand that I am solely responsible for the payment and reporting of any and all applicable income or other taxes, fees, and any and all expenses not expressly provided for in the Official Rules, including travel, airfare, ground transportation, parking, insurance, food and beverages, incidentals, tips, telephone calls, and any and all other personal expenses and hosts costs incurred in connection with the acceptance or use of any prize. I also understand that, if my set Official Sweepstakes Rules Page 6 of 9

7 of prizes is valued at $600 or more, I will be issued an IRS 1099 MISC Form in the amount equal to the retail value of the prize(s) that I have won. 3. I hereby irrevocably grant to Provo Towne Centre and its subsidiaries and affiliates, without additional compensation, consideration, notice or permission by me, the unrestricted, absolute, perpetual, worldwide right and license to use, adapt, reproduce, distribute, display and/or publicly perform, in whole or in part, my name, address, photograph, likeness, voice, biographical and personal background information, statements, and Sweepstakes entry, in connection with the promotional or marketing activities of Sponsor and/or its subsidiaries or affiliates. 4. I ACKNOWLEDGE THAT ANY ACCEPTANCE, PARTICIPATION IN AND/OR USE OF ANY PRIZE IS SOLELY AT MY OWN RISK. THEREFORE, I, ON BEHALF OF MYSELF AND MY ASSIGNS, HEIRS, DEVISEES AND ESTATE (COLLECTIVELY, SUCCESSORS ), HEREBY UNCONDITIONALLY AND FOREVER RELEASE, DISCHARGE AND AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ITS AFFILIATES AND SUBSIDIARIES, ALONG WITH EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS (COLLECTIVELY, RELEASED PARTIES ), FROM ANY AND ALL CLAIMS, JUDGMENTS, COSTS, DAMAGES, LOSSES, EXPENSES AND LIABILITIES (WHETHER ARISING UNDER A THEORY OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY OR ANY OTHER THEORY) RELATING TO ANY CLAIM I MAY NOW OR HEREAFTER HAVE WITH RESPECT TO ANY DEATH, PERSONAL INJURY, PROPERTY DAMAGE, PECUNIARY LOSS OR OTHER LOSS, DAMAGE, COST OR EXPENSE (COLLECTIVELY, HARM ) THAT MAY BE SUFFERED BY ME OR ANY THIRD PARTY AS A RESULT OF THE SWEEPSTAKES, ANY USE BY SPONSOR OF MY NAME, VISUAL LIKENESS OR BIOGRAPHICAL DATA, OR IN CONNECTION WITH MY ACCEPTANCE, PARTICIPATION IN, USE/MISUSE OF AND/OR INABILITY TO USE ANY PRIZE AWARDED TO ME, EXCEPT IF, AND TO THE EXTENT CAUSED BY THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE RELEASED PARTIES. IF I AM A MINOR, MY PARENT OR LEGAL GUARDIAN, BY THEIR SIGNATURE BELOW, HEREBY AGREES TO INDEMNIFY AND HOLD HARMLESS SPONSOR AND ALL OTHER RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, COSTS, LOSSES, DAMAGES AND EXPENSES (INCLUDING REASONABLE ATTORNEYS FEES) INCURRED BY SPONSOR AND ANY OTHER RELEASED PARTY ARISING OUT OF OR IN CONNECTION WITH ANY RELEASED CLAIMS. I SPECIFICALLY UNDERSTAND AND AGREE THAT THIS RELEASE WILL PREVENT ME AND MY SUCCESSORS FROM BRINGING A LAWSUIT, CLAIM OR OTHER ACTION AGAINST SPONSOR OR ANY OTHER RELEASED PARTY AND FROM RECOVERING ANY MONEY DAMAGES OR OTHER LEGAL RELIEF FROM SPONSOR OR ANY OTHER RELEASED PARTY IN CONNECTION WITH ANY OF THE CLAIMS RELEASED ABOVE. Official Sweepstakes Rules Page 7 of 9

8 5. If any provision of this Agreement is found to be unenforceable in any respect by a court, it is my intention and understanding that this Agreement shall nonetheless be enforced to the maximum extent to which it is found by the court to be legally enforceable. To the extent permitted by applicable law, I hereby waive the benefit of any provisions of any statute or other law that might adversely affect the rights of Sponsor or any Released Party under this Agreement. 6. This agreement shall be governed by the laws of the State of Utah, without reference to its choice of law rules. I irrevocably consent to the exclusive jurisdiction and venue of the federal and state courts located in Utah County, Utah with respect to any claim or suit arising out of or in connection with this Agreement, the Sweepstakes, any delivery, misdelivery or nondelivery of any Prize or my acceptance, participation in, use of, or inability to use any Prize, and agree not to commence or prosecute any such claim or suit other than in the aforementioned courts. 7. I acknowledge and agree that my consent to the terms set forth above is material inducement for Sponsor to award a Prize to me and Sponsor would not do so in the absence of my consent as evidenced by my signature below. 8. I hereby represent and warrant that all statements made by me in this Affidavit are true, accurate, and complete. I agree to return immediately upon demand to Provo Towne Centre the value of the Prize that has been or may be awarded to me if any statement or representation made by me in this Affidavit is discovered or believed to be false or misleading, and I acknowledge and agree that all available legal and equitable remedies may be pursued against me in connection therewith. 9. I represent and affirm that this Affidavit does not conflict with any other commitments or obligations on my part. 10. This Agreement constitutes the entire agreement between myself and Sponsor with respect to the matters described herein, and supersedes any and all other agreements and communications, oral or written, between myself and Sponsor or any other Released Party with respect to such matters. This Agreement may not be amended or supplemented except by a writing signed by Sponsor specifically referencing this Agreement. I (my parent/legal guardian if I am from a State/territory that deems me to be a minor) have been given opportunity to review and analyze this Affidavit/Release as well as the promotions in the Official Rules for this Sweepstakes. I fully and completely understand all of the terms of this Affidavit/Release and sign it voluntarily, freely, and knowingly. Winner s Name: Date: Signature: Signature of Parent/Legal Guardian (if necessary): Official Sweepstakes Rules Page 8 of 9

9 Parent/Legal Guardian (Print Name): NOTARY PUBLIC: Sworn and subscribed to before me this day of, 20. Signature of Notary Public and Seal Official Sweepstakes Rules Page 9 of 9