ACCESS TYSONS WALKTOBER GIVEAWAY 2020 Official Rules
NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCE OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS GIVEAWAY IS IN NO WAY SPONSORED, ENDORSED BY, ADMINISTERED BY, OR ASSOCIATED WITH LULULEMON.
“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
“GIVEAWAY PERIOD” means 12:00:00 a.m. Eastern Time (“EST”) on October 6, 2020 and ends at 11:59:59 p.m. EST on October 13, 2020
“PRIZE” means one (1) lululemon gift card. Terms and conditions apply.
“PRIZE VALUE” means approximate retail value of $200
*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 October 6, 2020 and ends October 13, 2020. Winner will be notified by October 15, 2020. Limit 1 entry per email 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 lululemon, Under Armour, Apple, Fitbit, or any other fitness tracker. One winner will receive a lululemon gift card valued at $200. Fitness tracker membership and gift card are subject to terms and conditions. Official Rules available at http://www.accesstysons.com/news or the Tysons Corner Center Management Office. Sponsored by MACW Property Management, LLC, 1961 Chain Bridge Rd., Tysons Corner, VA 22102.
GIVEAWAY DESCRIPTION: These Official Rules govern entry and participation in the Center’s Giveaway (the “Giveaway”), presented and administered by “Sponsor”. The Giveaway will take place during the Giveaway Period. The Giveaway 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 Giveaway 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 “Giveaway 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 Giveaway or win a prize. HOW TO ENTER: To enter the Giveaway, entrants must:
1. Walk a total of 5.2 miles and track your walk(s) using Under Armour’s Map My Walk App or a fitness tracker (e.g., Apple Watch, Fitbit) starting Tuesday, October 6, 2020. If walking isn’t possible, you can be active as you can in whatever ways you enjoy.
2. Take screenshots of your walking mileage each day.
3. Email your screenshots to the Access Tysons team, firstname.lastname@example.org, once you reach a total of 5.2 miles, by Tuesday, October 13, 2020.
By entering the Giveaway, 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. Submissions must be received by the end of the Giveaway 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 Giveaway. If the identity of an entrant is disputed, the authorized email account holder at the time of entry will be deemed to be the entrant. A selected entrant may be required to provide proof that he/she is the authorized account holder of the email account associated with the selected entry. All entries must be submitted from a valid email 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 Giveaway 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 all eligible entries received during the Giveaway 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. 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 Giveaway.
NOTICE TO WINNER: The winner will be selected and announced on or about the end of the Giveaway Period in a random drawing from all eligible and qualified entries received in accordance with these Official Rules during the Giveaway Period. Attempts to notify potential winner will be made by email message. The potential winner must then contact Sponsor using the contact information provided in the notification of winning. Winner 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 Giveaway 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 Giveaway, in addition to any other grants which may be granted in any other agreement entered into between Sponsor and any entrant in the Giveaway, each entrant irrevocably grants the Giveaway 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 Giveaway and hereby releases the Giveaway Entities from any liability with respect thereto.
CONDITIONS OF ENTRY:
(1) General: Entry in a Giveaway 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 Giveaway, 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 Giveaway 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 Giveaway or by any technical or human error which may occur in the processing of the entries in the Giveaway. The Giveaway 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 Giveaway 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 Giveaway 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:
The lululemon gift card 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 Giveaway 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 winner 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 Giveaway, 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 Giveaway.
(9) Winners List/Official Rules: To obtain any legally-required list of winners (after the conclusion of the Giveaway) 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 Giveaway 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 Giveaway 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 Giveaway does not place the Giveaway 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 Giveaway 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 Giveaway Entity’s use of any such similar or identical material. Each entrant acknowledges and agrees that the Giveaway 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 Giveaway Entities 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 Giveaway or any Giveaway-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 Giveaway, 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 Giveaway, 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 Giveaway, 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 Giveaway if it determines, in its sole discretion, that the Giveaway 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 Giveaway 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 Giveaway 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 Giveaway. 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 Giveaway 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 Giveaway, each entrant agrees that any and all disputes, claims, and causes of action arising out of or in any way related to this Giveaway 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.