ACCESS TYSONS #WALKTYSONS SWEEPSTAKES
ACCESS TYSONS #WALKTYSONS SWEEPSTAKES
2020 Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
This Sweepstakes 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
“SWEEPSTAKES PERIOD” means 12:00:00 a.m. Eastern Time (“EST”) on May 22, 2020 and ends at 11:59:59 p.m. EST on June 1, 2020.
“SWEEPSTAKES TAG @” means @AccessTysons
“PRIZE” means one (1) Gift Card Pack comprised of three (3) gift cards, specifically $50 to Earls Kitchen and Bar, $50 to Eddie V’s Prime Seafood, and $50 to Shake Shack. Terms and conditions apply.
“PRIZE VALUE” means total value of the three gift cards is $150.00.
*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 5/22/2020 and ends 6/1/2020. Winners will be notified by 6/5/2020. Limit 1 entry per twitter account. 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®. Terms and conditions apply. Official Rules available at Tysons Corner Center Management Office and online at https://accesstysons.com/category/news/. Sponsored by MACW Property Management, LLC, 1961 Chain Bridge Rd., Tysons Corner, VA 22102.
SWEEPSTAKES DESCRIPTION: These Official Rules govern entry and participation in the Center’s Twitter Event Sweepstakes (the “Sweepstakes”), presented and administered by “Sponsor”. The Sweepstakes will take place during the Sweepstakes Period. The Sweepstakes provides entrants with the opportunity to submit the Submission (as defined below) to Sponsor. One (1) winner will be selected from among the entries, as more fully described below. This Sweepstakes 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 “Sweepstakes 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 Sweepstakes or win a prize.
HOW TO ENTER: To enter the Sweepstakes, entrants must:
- Follow @AccessTysons on Twitter.
- Find and take pictures of the items in the provided photo grid while making sure to practice physical distancing and following the current CDC Guidelines while walking around the Center.
- Each item found receives 10 points.
- If all 12 items are found, you will receive 50 bonus points.
- The maximum number of points available is 170 points.
- Entrant(s) with the most number of points at the end of the Sweepstakes Period are entered into a drawing for a chance to win.
- Tweet the pictures of the items found.
- Tag @AccessTysons in your post AND include #WalkTysons in your tweet (the “Submission”).
- One entry per twitter account.
Your tweeted photos with the required hashtag and tagging @AccessTysons shall be your one (1) “Entry” into the Sweepstakes. If there are multiple Entries by any one person per day, only the first Entry will be considered and subsequent Entries will be disqualified. By entering the Sweepstakes, 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 and is subject to Twitter’s terms and conditions, and Sponsor has no responsibility with respect to such registration or use. Submissions must be received by the end of the Sweepstakes Period. No substitution, revision or reposting of any Submission will be accepted under any circumstances once the original Submission is submitted for consideration. Sponsor’s computer is the official clock of the Sweepstakes. If the identity of an entrant is disputed, the authorized Twitter account holder at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitting Twitter account is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Twitter account associated with the selected entry. All entries must be submitted from a valid Twitter account that may be identified by reverse domain name search.
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 Sweepstakes 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: One (1) winner will be selected by Sponsor via random drawing from among the entrants with the highest number of points at the end of the Sweepstakes Period based on the 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. A lost or stolen Prize will not be replaced.
ODDS: Odds of winning the prize depend on the number of eligible entries. Sponsor cannot accurately predict the number of entrants who will participate in the Sweepstakes.
NOTICE TO WINNERS: The winner will be selected and announced on or about the end of the Sweepstakes Period in a random drawing from all eligible and qualified entries received in accordance with these Official Rules during the Sweepstakes 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 Sweepstakes 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 Sweepstakes, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Sweepstakes, each entrant irrevocably grants the Sweepstakes 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 Sweepstakes and hereby releases the Sweepstakes Entities from any liability with respect thereto.
CONDITIONS OF ENTRY:
(1) General: Entry in a Sweepstakes does not constitute entry into any other Sweepstakes, 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 Sweepstakes, 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 Sweepstakes 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 Sweepstakes or by any technical or human error which may occur in the processing of the entries in the Sweepstakes. The Sweepstakes 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 Sweepstakes 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 Sweepstakes 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: Earls Kitchen and Bar, Eddie V’s Prime Seafood, and Shake Shack gift cards are 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 Sweepstakes 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 entrants 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 Sweepstakes, 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 Sweepstakes.
(9) Winners List/Official Rules: To obtain any legally-required list of winners (after the conclusion of the Sweepstakes) 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes does not place the Sweepstakes 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 Sweepstakes 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 Sweepstakes Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Sweepstakes 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 Sweepstakes 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 Sweepstakes or any Sweepstakes-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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes, 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 Sweepstakes if it determines, in its sole discretion, that the Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes 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 Sweepstakes, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Sweepstakes 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.