ACCESS TYSONS RISE & RIDE CONTEST 2018
NO PURCHASE NECESSARY VOID WHERE PROHIBITED BY LAW
1. HOW TO ENTER/PARTICIPATE: The ACCESS TYSONS RISE & RIDE CONTEST 2018 (the “Contest”) takes place beginning July 2, 2018 (Eastern Time – all times set forth in these Official Rules are Eastern Time) and ending on July 31, 2018 (the “Contest Period”).
The Contest is sponsored by MACW Property Management, LLC (“Sponsor”), 1961 Chain Bridge Rd., Suite 305, Tysons Corner, VA 22102.
To participate in the Contest, during the Contest Period, attend cycling classes at Vortex Indoor Cycling (“Vortex”) before 9 AM on any weekday in July 2018 (excluding July 4, 2018). For each such class, the participant shall receive a “Point” in the Contest.
Vortex Indoor Cycling is located at 7902 Tysons One Plaza, Plaza Level, Tysons Corner, VA 22102. Class availability is limited and subject to change at Vortex’s discretion. Registration is on a first-come-first-serve basis. Only one ride per day will be counted towards this Contest.
Registration for a class requires registration on the Vortex website and acceptance of Vortex’s terms and conditions, which may include a waiver and release. Each participant’s name and email address is required for registration. Classes involve strenuous physical activity and participants should consult with their physician to determine whether they are able to participate. Sponsor has no responsibility with respect to the classes or registration for the same. Vortex reserves the right to prohibit participation by any individual and Sponsor is not responsible for Vortex’s decisions.
Sponsor is not responsible for the cost of the qualifying classes; the cost of any qualifying classes is the responsibility of the participant.
As a free alternative method of entry, each weekday during the Contest Period (except July 4, 2018), individuals may complete a form at the Management Office at Tysons Corner Center (the “Center”), at 1961 Chain Bridge Rd., Suite 305, Tysons Corner, VA 22102, certifying that they used an alternative means to commute to work that day. Qualifying alternative means to commute: carpooling, biking, public transit, and other commutes except driving alone. For each day that someone certifies that they have used alternative means to commute to Work, they shall also receive a “Point” in the Contest. Participants must certify same-day alternative means of commute during Center Hours. Participants using this method of entry shall need to provide their name, phone number, and email address.
Limit of one (1) Point per day, regardless of method of entry/participation.
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.
These Official Rules shall be available at the Tysons Corner Center’s (the “Center”) Management Office, during the Contest Period.
2. ELIGIBILITY: Participants who are eighteen (18) years of age or older at the time of their first class are eligible to enter. Employees, officers, directors (and their immediate family members and members of their same households) and agents and representatives of (i) VITA, (ii) Tysons Corner Center, (ii) Sponsor, or (iii) The Macerich Company or The Macerich Partnership, L.P. or any of their respective parents, affiliates, subsidiary companies and contractors (collectively, “Macerich”) or (iv) Vortex are not eligible to participate.
3. CONTEST LIMITS: There is a limit of only one (1) point per person during the Contest Period. If it is discovered that any person has attempted to use (or attempt to use) multiple names, identities to enter the Contest, then (in Sponsor’s sole and absolute discretion) he/she may be disqualified from the Contest and all of his/her Points are subject to disqualification by Sponsor. Any Points will be voided if (in Sponsor’s sole and absolute discretion) it is not submitted and received during the Contest Period. Use (or attempted use) of any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Contest is prohibited and is grounds for disqualification by Sponsor. All entrants are subject to verification for compliance with these Official Rules. Sponsor reserves the right, in its sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor – including, without limitation, government issued photo identification and proof of address) to participate in this Contest and/or proof of compliance (in a form acceptable to Sponsor) with these Official Rules. Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Sponsor, in its sole discretion, reserves the right to disqualify any person tampering with the entry/participation process or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law.
4. PRIZES/ODDS OF WINNING: The individual with the most points at the end of the Contest Period shall be the winner. If there is a tie, Sponsor shall administer a random drawing to of those individuals to determine the winner.
The winner shall receive $250 in American Express® Gift Cards (may be awarded as one (1) $250 Gift Card, or multiple gift cards with a cumulative value of $250). The approximate retail value of the Prize is $100.
Odds of winning the Prize depend on the number of eligible participants in the Contest and each participant’s level of participation. No substitution or cash equivalent of the Prize (or portion thereof) is permitted except at the sole discretion of Sponsor, who reserves the right to substitute a Prize (or portion thereof) with one of comparable or greater value. A Prize is nontransferable. Sponsor further disclaims any decisions by the prize suppliers in honoring the Prize. A lost or stolen Prize will not be replaced. All trademarks are property of their respective owners. The Prize is subject to the restrictions and limitations noted in these Official Rules, on the Prize, and as set forth by the Prize supplier, and the winner must abide by all such limitations and restrictions applicable to the Prize, including any minimum purchases, blackout dates, expiration dates or fees.
5. WINNER NOTIFICATION: The winner (the “Potential Winner”) will be notified via email (at the address provided to Vortex during class registration or provided on the alternative means of commute certification) on August 2, 2018 (the “Winning Notification”). The Potential Winner will need to verify eligibility and compliance with these Official Rules within forty-eight (48) hours of the Winning Notification. The Potential Winner may need to provide Sponsor with contact information (first name, last name, address, phone number and/or email address) and/or answer any initial questions to determine eligibility. In the event the Potential Winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the Potential Winner may be disqualified and an alternate winner may be selected. To the extent applicable, if the Winning Notification returns as undeliverable, or if Potential Winner fails to respond within the prescribed time, such will result in disqualification. Sponsor is not responsible for communication problems of any kind. Sponsor is under no obligation to select an alternate winner. Sponsor’s decisions as to the administration and operation of the Contest (or any component thereof) and the selection of the qualified winner is final and binding in all matters related to the Contest (or any component thereof).
6. GENERAL CONDITIONS: The Prize will only be awarded to a verified winner. Upon verification of eligibility and satisfaction of all other requirements, the winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (“Affidavit/Release”) and provide valid photo identification (i.e., driver’s license, passport) before receiving his or her Prize. The winner may pick up his or her Prize at the Tysons Corner Center Management Office during Center hours and must present a valid ID at such time. The winner must pick up the Prize no later than August 31, 2018. If any Potential Winner fails or refuses to sign and return the Affidavit/Release prior to receiving the Prize, the Potential Winner may be disqualified and an alternate winner may be selected. The winner is solely responsible for all taxes as it relates to his or her Prize, including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to tender of the Prize, including a W-9 tax form and a copy of social security card (relates to any prize equal to or exceeding $600 in value). An IRS Form 1099 reporting the value of the Prize as earned income will be issued as appropriate.
7. ACCEPTANCE OF PRIZE: Except where prohibited by law, by accepting his or her Prize, the participant/winner grants Sponsor, Macerich, prize suppliers and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively, the “Sponsor Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed, in connection with the websites, Contest and/or any Contest-related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration. The Potential Winner may be announced via email to Sponsor’s marketing email list and on Facebook, Instagram, and Twitter by first name and last name initial (e.g., “Jane D.”)
8. OFFICIAL RULES: This Contest is subject to these Official Rules which will be available at the Tysons Corner Center Management Office during the Contest Period. By entering the Contest (or any component thereof), entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Contest, or the Contest itself, and agree to be bound by these Official Rules and by all decisions of the Sponsor, whose decision is binding and final in all respects.
9. DISCLAIMERS: Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered entries; or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/Websites/use net accessibility or availability, traffic congestion, or unauthorized human intervention or access to the websites, as applicable. Proof of entering information on online or of deposit into U.S. mail, as applicable, is not considered proof of delivery or receipt. Sponsor Entities are not responsible for any incorrect or inaccurate information. If by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than the advertised number of prizes will be awarded. Sponsor reserves the right to cancel, terminate, suspend or modify any contest, sweepstakes, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of Sponsor.
10. RELEASE: By participating, entrants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against the Sponsor Entities, Vortex, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Contest, all participating merchants and their designated agents and any other person or entity associated with such entities and/or this Contest, administrator, advertising and promotional agencies, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsors’ Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsors’ Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsors’ Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Contest or any Contest-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.
11. WINNERS LIST/RULES: The name of the winners of the may be obtained after August 2, 2018, by sending a self-addressed, stamped envelope, to be received before September 7, 2018, to: ACCESS TYSONS VORTEX RISE & RIDE CONTEST 2018 – Winners, MACW Property Management, LLC, c/o Tysons Corner Center, 1961 Chain Bridge Rd., Tysons Corner, VA 22102, Attn: Property Manager.
For a copy of these Official Rules, please send a self-addressed, stamped envelope, to be received before September 7, 2018, to: ACCESS TYSONS VORTEX RISE & RIDE CONTEST 2018 – Official Rules, MACW Property Management, LLC, c/o Tysons Corner Center, 1961 Chain Bridge Rd., Tysons Corner, VA 22102, Attn: Property Manager.
12. GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Contest shall be governed by the laws of the State of Virginia, United States (without giving effect to any conflict of law provisions thereof). By participating in this Contest, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this Contest, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the County of Fairfax, State of Virginia having competent jurisdiction, which Court shall apply the laws of the State of Virginia without giving effect to any conflict of law provisions thereof.
Your Privacy Rights
We may make changes to this Policy from time to time and any such changes will become effective immediately upon posting on www.macerich.com. Any changes to this Policy will be available at the customer service facility and/or mall office at our centers and/or on this web page. By continuing to use the Site, or by otherwise submitting any information to Macerich, after any such Policy change, you are consenting to the Policy, as amended.
The core of our Policy is this: Macerich will not knowingly release, sell, rent or trade your personal information to any third party without your permission, except (i) to our merchants and/or business partners, (ii) if we believe in good faith that the law requires it or in response to a request from a law enforcement agency or authority or any regulatory authority, (iii) to protect the safety of employees, users and/or the public at large, and (iv) to protect our own rights and properties. We may also transfer your personal information to a third party in the event of a corporate transaction or restructuring (e.g., a sale, merger or other transfer of assets) without your permission. Macerich considers “personal information” to include, without limitation, name, e-mail address, home or mailing address, phone number, birth date, anniversary date, gender, and other personally identifiable information you may provide to Macerich via the Site or otherwise (“Personal Information”).
What Information We Collect, How We Use It and With Whom We May Share It
Macerich collects only Personal Information that is submitted on a voluntary basis from individuals 13 years of age or older. For those individuals under 13 years of age, parental or guardian consent is required. In order to take advantage of some of our features, programs or events you may need to register and/or provide Personal Information before you can participate.
In addition, you may choose to send us a request for information via our Request Information Form on the Site. Via the Request Information Form, we request that you provide to us your first and last name, title, organization name, investor type, mailing address, phone number, facsimile number, email address and any information you choose to provide in the text of your message.
We will use this Personal Information to respond to an inquiry from you or address a request submitted by you (including contacting you directly to request additional information to process your inquiry or request), and/or to send you e-mails, newsletters or other communications and to inform you about sales, specials, programs, events, promotions, services, products or other opportunities that might interest you.
We may share your Personal Information with our merchants and/or business partners so that they are able to contact you and make you aware of similar events and opportunities. You should note that we do not control these operators or their policies with respect to use of Personal Information, and that if you do not wish to receive communications from them, you should contact them directly. Further, we will disclose information we maintain, including Personal Information, when we believe in good faith that the law requires it or in response to a request from a law enforcement agency or authority or any regulatory authority.
We also collect certain other, non-personal information, such as your IP address, browser type, operating system, mobile carrier, Internet Service Provider, and browsing patterns on our website, and receive the URLs of sites from which you arrive and leave our Site, which we may use or disclose in any manner. This data may be used to analyze trends, administer the Site, track the user’s movement on the Site in the aggregate and gather broad demographic information for aggregate use by us and third parties.
In addition, your Personal Information and/or non-personal information may be used to display targeted advertisements on the Site based on such information. By way of example, Macerich uses Google Display Advertising data to improve the experience of our Site for our users. These display features enable Google to collect data about our users via Google advertising cookies, anonymous identifiers and other data collected through Google’s standard analytics implementation. We respect your privacy and, if you wish, you may opt out of Google’s tracking features at any time via https://tools.google.com/dlpage/gaoptout/.
Macerich, its merchants and business partners, like many companies, may also use locational beacons, also called web bugs and clear GIFs, or other similar tracking technologies to help monitor activity on their websites. Unlike cookies, web beacons and other similar tracking technologies we may use on our Site do not store information on your computer.
Use of Other Mobile Data Technology in Macerich Mall Properties
Though not a feature of our Site, Macerich may also use in Macerich’s mall properties locational beacons that transmit a signal to mobile device with a mobile application, which may result in your receiving messages or other content targeted to you, with a goal of improving your shopping experience. These web beacons may collect a unique identifier for your mobile device and non-personally identifiable location-based data, including entry onto a Macerich property and time stamps of your journey within the property as permitted by applicable law (i.e. the time you reach a beacon and how long you are in a mall). If and to the extent you have consented to such collection by our service provider, in accordance with their terms and conditions, the service provider may also collect other types of non-personally identifiable information from you.
Via video cameras positioned throughout a Macerich mall property, we may also photograph you and analyze such photographs to determine your path through our property and/or to assess demographic data related to you, such as your age or gender. We may use such information for marketing, strategic and security purposes. Due to the nature of such technology, you are unable to opt out of being photographed or videotaped while on any Macerich mall property.
Further, we may employ in the Macerich malls other mobile data technology to track your path of travel, assess the duration of time you are on our property, count the total numbers of shoppers by hour, by entrance and other zones within the property, and detect whether you are a repeat visitor and the frequency of your visits. Specifically, if you are carrying a smartphone or other mobile device onto one of our properties, we may determine and then track the location of such device by observing Wi-Fi or Bluetooth signals broadcast from the device and logging the unique number assigned to such device when it was manufactured (known as a “MAC address”), together with the time, signal strength and location of the observing sensor. This may be accomplished using Wi-Fi access points from any guest Wi-Fi we may offer at the property, regardless of whether you use such Wi-Fi, and/or via Wi-Fi sensors provided by a Macerich service provider. We use such information for marketing, strategic and security purposes.
To avoid any collection of data by means of such mobile device detection technology, you (i) should ensure all mobile devices you may be carrying are fully powered off at all times while on our property AND (ii) opt not to use any guest Wi-Fi service we may make available at the property.
Please note we do not intentionally direct collection of data, via any beacons, video cameras or other mobile data technology described in this section, toward children under the age of 13. To the extent images of children we believe to be under 13 are captured by our video cameras, Macerich does not retain such images. Please note, however, that we do collect IP addresses as noted above, without regard to age.
Requests for Changes to Use of Personal Information
You always have the option to change your mind about receiving communications from us, or to review, change or update any of your Personal Information, and to review our disclosures of your Personal Information by e-mailing us at DataCustSvc@macerich.com or contacting the customer service facility and/or mall office at the applicable center directly, and submitting the appropriate changes.
While Macerich maintains internal controls, including firewalls and other security features, to control unauthorized access to Personal Information, we cannot guarantee our ability to prevent unauthorized access.
Any sweepstakes, contests or other promotions, including rewards programs and text messaging programs (collectively, “Promotions”) that may be offered via the Site or otherwise will be governed by a separate set of rules or terms and conditions that, in addition to describing such Promotion, may have eligibility requirements, restrictions, terms and conditions governing the Promotion, use of submissions you make, and disclosures about how your Personal Information may be used. It is your responsibility to read such rules or terms and conditions to determine whether or not you are eligible and want to participate, register and/or enter, according to each Promotion’s rules or terms and conditions. By participating in any Promotion, you will become subject to those official rules or terms and conditions, and you agree to comply with and abide by such rules or terms and conditions, and the decisions of the sponsor(s) identified therein, if applicable, which shall be final and binding in all respects.
If you link to a third-party site from the Site, any information you submit or reveal on that site is not subject to this Policy. You should review the privacy policies of each site you visit. Macerich does not control any third-party site or their privacy practices, and Macerich is not responsible for the content or practices of any sites that may be linked to Macerich’s Site.
Protecting children is important to Macerich. The Site is not intended for use by children under 13 years of age, and we do not knowingly collect Personal Information from such children. By using the Site, you represent that you are at least 13 years of age.
If you are a parent or guardian who believes we have inadvertently collected your child’s Personal Information, you may contact us to request the removal of such child’s Personal Information from our database at any time by e-mailing us at DataCustSvc@macerich.com or contacting the customer service facility and/or mall office at the applicable center directly. Please note, however, that Personal Information inadvertently collected about a child may remain in back-up storage for some period of time after a request for deletion of that child’s account. This may be the case even though no information about that account remains in our active user databases.
Your California Privacy Rights
How to Contact Us
If you have any questions about this Policy, our privacy protection practices, or your dealings with us, please feel free to contact us by sending an e-mail to DataCustSvc@macerich.com or contact the customer service facility and/or mall office at the applicable center directly.
Last Updated: January 1, 2018
Copyright © 2018 The Macerich Company