TERMS AND CONDITIONS
NO PURCHASE NECESSARY
VOID WHERE PROHIBITED BY LAW
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING
1. SWEEPSTAKES: The Spreading Holiday Cheer Gift Card Giveaway 2017 (the “Sweepstakes”) shall take place on November 24, 2017, during the applicable Center’s hours (“Sweepstakes Period”; “Center” is defined below). The Sweepstakes will be conducted during the Sweepstakes Period during the Center’s hours of operation, which vary depending on the holiday hours of the Center. The holiday hours may be obtained at Guest Services, Concierge, or the Management Office at the Center (whichever is applicable). Each day during the Sweepstakes Period, participants will have a chance to win a Visa® Gift Card, Bath & Body Works® Gift Card, Toys R Us® Gift Card, IHOP® Gift Card, Fandango® Gift Card or Macy’s® Gift Card ranging in value from $25 to $500 (each, a “Gift Card”; collectively, the “Gift Cards”).
The Centers are listed on Exhibit A, attached hereto and incorporated herein by this reference (individually, each a “Center”; collectively, the “Centers”).
2. SPONSOR. The sponsoring entities are listed on Exhibit A, each being the sole sponsor for the Sweepstakes for its respective Center (collectively referred to as “Sponsor”). The collective mailing address for Sponsor shall be c/o Macerich, 401 Wilshire Blvd, Suite 701, Santa Monica, CA 90401.
3. HOW TO ENTER: All persons visiting the Center during the Sweepstakes Period may be entered into the Sweepstakes, subject to the eligibility requirements provided herein. No submission of an entry form or any purchase is required to participate in this Sweepstakes. If the participant has committed or commits any act or becomes involved in any situation or occurrence which brings the participant into public disrepute, contempt, scandal or ridicule or which shocks, insults or offends the people of the community or any class or group thereof or reflects unfavorably on the Center, Sponsor or its products/services, the participant may be disqualified by Sponsor in its sole discretion. Sponsor’s clock is the official clock of the Sweepstakes.
4. ELIGIBILITY: Participants must be at least eighteen (18) years of age or older as of November 24, 2017 to be eligible. Employees, officers, directors (and their immediate family members and members of their same households) and agents and representatives of (i) Sponsor, (ii) the applicable Center, or (iii) The Macerich Company or The Macerich Partnership, L.P. or any of their respective parents, affiliates and subsidiary companies (collectively, “Macerich”) and employees, officers, directors, agents and representatives of (i) the merchants of the applicable Center, (ii) prize supplier(s), or (iii) any advertising or promotion agencies that do business with Macerich are not eligible to win.
5. SWEEPSTAKES LIMITS: Participants must be present at the Center during the Sweepstakes Period to be entered in for a chance to win. Any other attempt to enter is void. There is a limit of only one (1) Gift Card per household during the Sweepstakes Period. If it is discovered that any person has attempted to: (i) obtain more than one (1) Gift Card during the Sweepstakes Period, and/or (ii) use (or attempt to use) multiple names or identities; then, (in Sponsor’s sole and absolute discretion) he/she may be disqualified from the Sweepstakes. All participants are subject to verification for compliance with these Terms and Conditions and the age requirement. 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) to participate in this Sweepstakes and/or proof of compliance (in a form acceptable to Sponsor) with these Terms and Conditions. Failure to provide such proof to the satisfaction of Sponsor and/or failure to follow the instruction, procedures and/or these Terms and Conditions may result in disqualification. There is a limit of one (1) prize per person for all sweepstakes, contests, competitions and promotions conducted by a Center in the same calendar year.
6. PRIZE/ODDS OF WINNING: Up to one hundred (100) participants will be randomly selected per Center during the entire Sweepstakes Period (each, a “Winner”; collectively, the “Winners”) to receive one (1) Gift Card having one of the following denominations: $25, $50, $100, or $500 (each having the same approximate retail value as its denomination). The number of Gift Cards of each denomination in total available for this Sweepstakes is listed below.
Gift Card Amount Quantity
$25 Gift Card Fifty (50)
$50 Gift Card Twenty Four (24)
$100 Gift Card Twenty-Five (25)
$500 Gift Card One (1)
The Gift Card amount cannot be selected; Gift Cards will be distributed at random, and cannot be exchanged and/or replaced. Except as required by law, the Gift Cards cannot be reloaded, resold, transferred for value, redeemed for cash, or applied to any other account. No substitution or cash equivalent of the Gift Card (or portion thereof) is permitted except at the sole discretion of Sponsor, who reserves the right to substitute the Gift Card (or portion thereof) with one of comparable or greater value. The Gift Card is nontransferable. The Winner agrees to accept his or her Gift Card “as is.” A lost or stolen Gift Card will not be replaced by the Center. Some of the Gift Cards have been provided by the following companies: (a) Visa (the “Visa Gift Cards”), (b) Bath & Body Works, (c) Macy’s, (d) Toys R Us, (e) IHOP, and (f) Fandango. See Cardholder Agreement for details, terms, conditions and (if applicable) fees. Product may not be available in all states. The Visa Gift Cards are issued by Sunrise Banks, N.A.; St. Paul, MN 55103, Member FDIC, pursuant to a license from Visa U.S.A. Inc. All trademarks are property of their respective owners. Visa Gift Cards may be used only at merchants in the U.S. and District of Columbia everywhere Visa debit cards are accepted. Gift Cards are subject to the restrictions and limitations noted in these Terms and Conditions, on the Gift Card, and/or included with the Gift Card, and the Winner must abide by all such limitations and restrictions applicable to the Gift Card. Odds of winning the Gift Card depend on the number of eligible participants.
By accepting a Gift Card, a participant acknowledge that he/she will become subject to these Terms and Conditions and agree to unconditionally accept and to comply with and abide by such rules and the decisions of the Sponsor (as hereinafter defined), if applicable, which shall be final and binding in all respects.
Additional prizes may be distributed at random with Gift Cards. These prizes are supplied to Sponsor by Coca-Cola® and may include tickets to movie theaters or theme parks, or MLB® team regular season game tickets. These prizes may not be available at all Centers. Any such prizes shall be included in the term “Gift Card” as used herein. Notwithstanding anything to the contrary, the prizes supplied by Coca-Cola may be subject to their own terms, conditions, limitations, expiration dates, and blackout dates (see individual prizes for details) and have the following approximate retail value:
Coca-Cola-Supplied Prize Approximate Retail Value
2-Pack of AMC Movie Tickets $10 per ticket ($20 per pack)
4-Pack of Six Flags-Holiday in the Park Tickets $68 per ticket ($272 per pack)
4-Pack of MLB® Regular Season Game Tickets $40 per ticket ($160 per pack)
7. WINNER SELECTION: Winners must provide proof of his/her age to prove his/her eligibility (valid photo identification, i.e., driver’s license, passport) and may need to provide Sponsor with contact information (first name, last name, phone number). In the event a Winner is found to be ineligible, or if he/she cannot or does not comply with these Terms and Conditions, the Winner may be disqualified and an alternate winner may be selected. Sponsor is under no obligation to select an alternate winner. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the qualified winner are final and binding in all matters related to the Sweepstakes.
8. GENERAL CONDITIONS: Each Winner is solely responsible for all taxes as it relates to his or her Gift Card, including applicable sales and income taxes. Winners may be required to immediately execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Affidavit/Release”) and provide valid photo identification (i.e., driver’s license, passport) before receiving his or her Gift Card. If any Winner fails or refuses to sign the Affidavit/Release prior to receiving the Gift Card, the Winner may be disqualified and an alternate winner may be selected. The Gift Card shall be made available (subject to the previous sentence) at the time the winner is selected and must present a valid ID at such time. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the Gift Card, 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 Gift Cards as earned income will be issued as appropriate.
9. ACCEPTANCE OF PRIZE. Except where prohibited by law, by accepting his or her Gift Card, the 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, Sweepstakes and/or any Sweepstakes-related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration.
10. TERMS AND CONDITIONS: This Sweepstakes is subject to these Terms and Conditions which will be available at Guest Services, the Concierge or the Center Management Office at the Center (whichever is applicable) during the Sweepstakes Period. By participating, participants agree to waive any right to claim any ambiguity or error in these Terms and Conditions of the Sweepstakes, or the Sweepstakes itself, and unconditionally accept and agree to comply with and abide by these Terms and Conditions and all decisions of Sponsor, whose decision shall be final and binding in all respects. Sponsor, in its sole discretion, reserves the right to disqualify any person who is in violation of these Terms and Conditions. Such a person will be prosecuted to the fullest extent of the law. Sponsor further reserves the right to cancel, terminate, suspend or modify any sweepstakes, game or drawing not capable of completion as planned, including because of any causes beyond the control of Sponsor.
11. RELEASE: By participating, participants 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, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Sweepstakes, all participating merchants and their designated agents and any other person or entity associated with such entities and/or this Sweepstakes, 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 Sweepstakes or any Sweepstakes-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Participants hereby further agree that Sponsors’ Companies are not responsible or liable for, and that participants 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 Sweepstakes or any Sweepstakes-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Participants 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.
12. DISCLAIMERS: No more than the advertised number of prizes will be awarded. Sponsor reserves the right to cancel, terminate, suspend or modify any 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.
13. WINNERS LIST/RULES: The name of the winners may be obtained after November 24, 2017, by sending a self-addressed, stamped envelope, to be received before December 24, 2017, to: Spreading Holiday Cheer Gift Card Giveaway 2017 – Winners List; c/o Tysons Corner Center, 1961 Chain Bridge Rd., Tysons Corner, VA 22102, Attn: Cristina Urban.
For a copy of these Terms and Conditions, please send a self-addressed, stamped envelope, to be received before December 24, 2017, to: Spreading Holiday Cheer Gift Card Giveaway 2017 – Terms and Conditions; c/o Tysons Corner Center, 1961 Chain Bridge Rd., Tysons Corner, VA 22102, Attn: Cristina Urban.
14. GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Sweepstakes shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between participant(s) and Sponsor, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Los Angeles, California having competent jurisdiction, which Court shall apply the laws of the State of California 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.
For example, in order to participate in our Corporate Gift Card program, we ask that you complete our Visa Gift Card Corporate Pre-Order Form. If you choose to complete this form, you may provide to us your first and last name, company name, mailing address, telephone number, email address, information regarding how the gift cards will be used, type of payment method and gift card value(s) for which you are interested.
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: June 30, 2017
Copyright © 2017 The Macerich Company
CENTERS AND SPONSOR
# Center Sponsor Address
1. Chandler Fashion Center ~ TWC Chandler LLC 3111 W Chandler Blvd, Chandler, AZ 85226
2. Danbury Fair Mall ~ Danbury Mall, LLC 7 Backus Avenue, Danbury, CT 06810
3. Deptford Mall ~ Macerich Deptford LLC 1750 Deptford Center Rd, Deptford, NJ 08096
4. Fashion Outlets of Chicago ~ Fashion Outlets of Chicago LLC 5220 Fashion Outlets Way, Rosemont, IL 60018
5. FlatIron Crossing ~ FlatIron Property Holding, L.L.C. One West FlatIron Crossing Dr., Broomfield, CO 80021
6. Freehold Raceway Mall ~ Freemall Associates, LLC 3710 U.S. 9, Freehold, NJ 07728
7. Fresno Fashion Fair ~ Macerich Fresno LP 645 East Shaw Avenue, Fresno, CA 93710
8. Lakewood Center ~ Macerich Lakewood LP 500 Lakewood Center Mall, Lakewood, CA 90712
9. Los Cerritos Center ~ Macerich Cerritos, LLC 239 Los Cerritos Center, Cerritos, CA 90703
10. The Oaks ~ Macerich Oaks LP 350 West Hillcrest Drive, Thousand Oaks, CA 91360
11. Queens Center ~ Queens Center SPE LLC 90-15 Queens Blvd, Elmhurst, NY 11373
12. Scottsdale Fashion Square ~ Scottsdale Fashion Square LLC 7014 East Camelback, Scottsdale, AZ 85251
13. Tysons Corner Center ~ Tysons Corner Holdings LLC 1961 Chain Bridge Rd, Tysons Corner, CA 22102
14. Vintage Faire Mall ~ Macerich Vintage Faire LP 3401 Dale Rd., Suite 483, Modesto, CA 95356
15. Washington Square ~ Mall PPR Washington Square LLC 9585 SW Washington Square Rd., Portland, OR 97223