ACCESS TYSONS CAPITAL BIKESHARE CONTEST 2019 OFFICIAL RULES
ACCESS TYSONS CAPITAL BIKESHARE CONTEST
2019 Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED.
THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED BY, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM, FACEBOOK, OR TWITTER.
“CENTER” OR “MALL” means Tysons Corner Center
“CENTER ADDRESS” means 1961 Chain Bridge Rd. Suit 105 McLean, VA 22102
“SPONSOR” means MACW Property Management, LLC
“CONTEST PERIOD” means 12:00:00 a.m. Eastern Time (“EST”) on October 21, 2019 and ends at 11:59:59 p.m. EST on October 31, 2019
“PHOTOGRAPH DESCRIPTION” means an image of (i) the participant, or (ii) the participant and the participant’s guest (that has approved use of the photograph) with a Capital Bikeshare bike
“CONTEST TAG @” means @AccessTysons
“PRIZE” means One Annual Capital Bikeshare Membership. Terms and conditions apply.
“PRIZE VALUE” means approximate retail value is $85
*No Purchase Necessary. Void Where Prohibited. Open to legal residents of the 50 United States and D.C., who are 18 years of age or older at the time of entry. Starts 10/28/19 and ends 11/1/19. Winners will be notified by 11/8/19. Limit 1 entry per picture. Odds of being selected as eligible to win depends on the total number of eligible entries received. All trademarks are property of their respective owners. This promotion is in no way sponsored, endorsed by, administered by, or associated with Twitter®. Capital Bikeshare Annual Membership is subject to terms and conditions. Official Rules available at Tysons Corner Center Management Office. Sponsored by MACW Property Management, LLC, 1961 Chain Bridge Rd., Tysons Corner, VA 22102.
CONTEST DESCRIPTION: These Official Rules govern entry and participation in the Center’s Twitter Event Contest (the “Contest”), presented and administered by “Sponsor”. The Contest will take place during the Contest Period. The Contest provides entrants with the opportunity to submit the Submission (as defined below) to Sponsor. Five (5) winners will be selected from among the entries, as more fully described below. This Contest is void where prohibited. All federal, state and local rules and regulations apply.
ELIGIBILITY: Only legal U.S. residents of the fifty (50) United States and the District of Columbia who are eighteen (18) years of age or older and who have reached the age of majority in their state of residence as of the time of entry are eligible to enter. Officers, directors and employees (and their immediate family members and members of their same households) and agents and representatives of (i) the Center, Sponsor, The Macerich Company or The Macerich Partnership, L.P. or (ii) any of their respective parents, affiliates and subsidiary companies (collectively, “Macerich” or “Contest Entities”) and employees, officers, directors, agents and representatives of (i) the merchants of the Center, and (ii) any advertising or promotional agencies that do business with Macerich are NOT eligible to enter the Contest or win a prize. HOW TO ENTER: To enter the Contest, entrants must:
(1) Tweet a picture of yourself with a Capital Bikeshare AND
(2) Tag @AccessTysons in your post AND
(3) One entry per picture (the “Submission”).
By entering the Contest, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor, which shall be final and binding in all respects. Each entrant must have a Twitter account; obtaining a Twitter account is free of charge. Submissions must be received by the end of the Contest Period. No substitution, revision or reposting of any Submission will be accepted under any circumstances once the original Submission is submitted for consideration.
SUBMISSION RESTRICTIONS: Any Submission that, in Sponsor’s good faith judgment, violates the following “Submission Restrictions” will be disqualified. Submissions may not contain, as determined by Sponsor in its sole discretion, any content that:
(1) Contains any obscene, pornographic, libelous, hate speech or otherwise objectionable or inappropriate content;
(2) Promotes alcohol, illegal drugs, tobacco, firearms, weapons, or the use of any of the foregoing;
(3) Promotes any activities that may appear unsafe or dangerous;
(4) Defames, misrepresents or contains disparaging remarks about Sponsor or its products, or other people, products or companies;
(5) Promotes any particular political party, agenda or message;
(6) Communicates messages or images inconsistent with the positive image and/or goodwill with which Sponsor wishes to associate;
(7) Contains any personal identification, such as personal names, street or email addresses, or phone numbers other than the Sponsor or the Contest Object;
(8) Violates or encourages the violation of any law, rule or regulation;
(9) Contains copyrighted materials owned by any individual or entity other than Sponsor.
PRIZE: The Prize will be equal to the Prize Value. No substitutions or cash equivalents of the Prize (or portion thereof) is permitted except at the sole discretion of Sponsor who reserves the right to substitute the prize (or portion thereof) with one of comparable or greater value at its sole discretion.
WINNER SELECTION: Five (5) winners will be selected by Sponsor via random drawing from among all eligible entries received during the Contest Period based on the following above ELIGIBILITY.
Each entrant agrees to be bound by and not challenge the final decisions of Sponsor. In the event a winning entry is discovered to be invalid for any reason whatsoever or the person who submitted the winning entry is found ineligible or the person who submitted the winning entry fails to comply with these Official Rules prior to delivery of the prize, the prize may be forfeited and awarded to an alternate winner. No more than the advertised number of prizes will be awarded. No minimum number of entries is required to determine a winner.
ODDS: Odds of winning are based on the number of eligible entries. Sponsor cannot accurately predict the number of entrants who will participate in the Contest.
NOTICE TO WINNERS: The winner will be announced on or about the end of the Contest Period. Attempts to notify potential winners will be made by Twitter message. The potential winner must then contact Sponsor using the contact information provided in the notification of winning. Winners may be required to provide to Sponsor their first name, last name, mailing address, telephone number and/or email address in order to claim any prize. Sponsor is not responsible for communication problems of any kind. If, despite reasonable efforts, a potential winner does not respond within twenty-four (24) hours of the first notification attempt (or such shorter time as exigencies may require), or if the prize or prize notification is returned as unclaimed or undeliverable to such potential winner, such potential winner will forfeit any prize and an alternate winner may be selected.
ENTRANT’S GRANT OF RIGHTS: For good and valuable consideration, the receipt and legal sufficiency of which is hereby acknowledged, each entrant into the Contest hereby irrevocably grants Sponsor, its successors and assigns, a non-exclusive license to reproduce, publicly perform, stream, exploit and otherwise use the Submission for any reason whatsoever in any and all media now known or hereafter devised, throughout the universe in perpetuity, without further notice to, consent by, or payment to entrant. Without in any way limiting the foregoing, Sponsor shall have the right, in its sole discretion, to edit, composite, morph, scan, duplicate, alter, and make derivative works of the Submission for any reason or purpose which Sponsor deems necessary or desirable, and each entrant irrevocably waives any and all so-called moral rights they may have therein. Sponsor has complete discretion to remove any Submission from Sponsor’s website, Twitter page, Facebook page and/or any other publication (“Sponsor Publications”) for any reason and at any time. Sponsor shall have the right to freely assign its rights hereunder, in whole or in part, to any person or entity. Sponsor shall retain the rights granted in each Submission even if the Submission is disqualified or fails to meet the Submission Requirements.
PUBLICITY RELEASE: By participating in the Contest, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Contest, each entrant irrevocably grants the Contest Entities and their respective successors, assigns, and licensees, the right to use such entrant’s name, likeness, image, and biographical information in any and all media for any purpose, including, without limitation, advertising and publicity purposes, as well as in connection with the Contest and hereby releases the Contest Entities from any liability with respect thereto.
CONDITIONS OF ENTRY:
(1) General: Entry in a Contest does not constitute entry into any other contest, promotion, or sweepstakes. Proof of submission is not considered proof of delivery to or receipt of such entry, and Sponsor shall have no liability for any Submission that is lost, intercepted or not received by the Sponsor. Tampering with the entry process or the operation of the Contest, including but not limited to the use of any device to automate the entry process other than as contemplated by these Official Rules, is prohibited and any Submissions deemed by Sponsor, in its sole discretion, to have been submitted in this manner will be declared invalid and disqualified. In the event a dispute regarding the identity of the individual who actually submitted a Submission cannot be resolved to Sponsor’s satisfaction, the affected Submission will be declared invalid and disqualified. The Contest Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet or other network users or by any of the equipment or programming associated with or utilized in the Contest or by any technical or human error which may occur in the processing of the entries in the Contest. The Contest Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries.
(4) Representations and Warranties; Indemnification: Each person who enters this Contest represents and warrants as follows: (i) the Submission is the entrant’s own original, previously unpublished, and previously unproduced work; (ii) the Submission does not contain any computer virus (as applicable), is otherwise uncorrupted, is wholly original with entrant, and as of the date of submission, is not the subject of any actual or threatened litigation or claim; (iii) the Submission does not and will not violate or infringe upon the intellectual property rights or other rights of any third party; and (iv) the Submission does not and will not violate any applicable laws, and is not and will not be defamatory or libelous. Each entrant hereby agrees to indemnify and hold the Contest Entities harmless from and against any and all third party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any breach or alleged breach of any of the warranties, representations or agreements of entrant hereunder.
(5) General Prize Conditions: Capital Bikeshare membership is subject to the terms and conditions printed thereon and imposed by issuer. No cash alternative or substitution of prizes will be allowed, except Sponsor reserves the right in its sole discretion to substitute prizes of comparable value if any prize listed is unavailable, in whole or in part, for any reason. Prizes will be awarded only if the potential prize winner fully complies with these Official Rules. All prizes are provided “as is” without warranty of any kind, either express or implied, and Sponsor hereby disclaims all such warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and/or non-infringement. All portions of the prize(s) are non-assignable and non-transferable. Any prizes pictured in point-of-sale, online, television and print advertising, promotional packaging, and other Contest materials are for illustrative purposes only. All details and other restrictions of the prize(s) not specified in these Official Rules will be determined by Sponsor in its sole discretion. THE WINNER IS RESPONSIBLE FOR REPORTING AND PAYING ANY FEDERAL, STATE OR LOCAL TAXES THAT MAY APPLY TO ACCEPTING A PRIZE; SPONSOR IS NOT RESPONSIBLE FOR AND WILL NOT PAY ANY SUCH TAXES.
(6) Further Documentation. Potential winners may be required to execute a further Submission license or assignment, Affidavit of Eligibility, a Liability Release, and (where imposing such condition is legal) a Publicity Release (collectively, “Prize Claim Documents”). If any potential winner fails or refuses to sign and return all Prize Claim Documents within twenty-four (24) hours of receiving them or forty-eight (48) hours of prize notification, whichever is sooner (or such shorter time as exigencies may require), the winner may be disqualified and an alternate winner may be selected. As part of the Prize Claim Documents, a potential winner may also be required to execute a further right of publicity release to use his or her name and/or image, including, but not limited to, for advertising and promotional purposes, without further compensation.
(7) No Obligation to Use: Sponsor shall have no obligation (express or implied) to use any Submission or any materials or content created by the entrant (the “Materials”), or to otherwise exploit any Submission or Materials or, if commenced, to continue the distribution or exploitation thereof, and Sponsor may at any time abandon the use of the Submission or Materials for any reason, without notification, with or without legal justification or excuse, and contestants shall not be entitled to any damages or other relief by reason thereof.
(8) Dates and Deadlines: Because of the unique nature and scope of the Contest, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Contest.
(9) Winners List/Official Rules: To obtain any legally-required list of winners (after the conclusion of the Contest) or a copy of these Official Rules, send a self-addressed envelope with the proper postage affixed to: CENTER ADDRESS, with attention to Marketing Manager. Please specify “winners list” or “Official Rules” and the name of the Contest in your request.
(10) Nature of Relationship/Waiver of Equitable Relief: Each entrant hereby acknowledges and agrees that the relationship between the entrant and the Contest Entities is not a confidential, fiduciary, or other special relationship, and that the entrant’s decision to provide the entrant’s Submission to Sponsor for purposes of the Contest does not place the Contest Entities in a position that is any different from the position held by members of the general public with regard to elements of the entrant’s Submission. Each entrant understands and acknowledges that the Contest Entities have wide access to ideas, stories, photographs, designs, and other literary materials, and that new ideas are constantly being submitted to it or being developed by their own employees. Each entrant also acknowledges that many ideas or photographs may be competitive with, similar or identical to the Submission and/or each other in theme, idea, format or other respects. Each entrant acknowledges and agrees that such entrant will not be entitled to any compensation as a result of any Contest Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Contest Entities do not now and shall not have in the future any duty or liability, direct or indirect, vicarious, contributory, or otherwise, with respect to the infringement or protection of the copyright in and to the Submission.
(11) General Liability Release/Force Majeure: Entrants agree that the Contest Entities and Twitter (A) shall not be responsible or liable for, and are hereby released from, any and all costs, injuries, losses or damages of any kind, including, without limitation, death and bodily injury, due in whole or in part, directly or indirectly, to participation in the Contest or any Contest-related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize, and (B) have not made any warranty, representation or guarantee express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Sponsor assumes no responsibility for any damage to an entrant’s, or any other person’s, computer system which is occasioned by participating in the Contest, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Contest, to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Contest, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted. Sponsor reserves the right to modify, extend, suspend, or terminate the Contest if it determines, in its sole discretion, that the Contest is technically impaired or corrupted or that fraud or technical problems, failures, or malfunctions or other causes beyond Sponsor’s control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Contest as contemplated herein. In the event an insufficient number of eligible entries are received and/or Sponsor is prevented from awarding prizes or continuing with the Contest as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, extend, or terminate the Contest. Unless otherwise stated in these Official Rules, in the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
(12) Governing Law/Jurisdiction: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants or Sponsor in connection with the Contest shall be governed by and construed in accordance with the laws of the State of California. For the purposes of any disputes hereunder, by entering this Contest, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Contest shall be resolved individually, without resort to any form of class action, and consents to the exclusive jurisdiction and venue of the appropriate state or federal court situated in the State of California.