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OFFICIAL RULES

CRAYOLA EXPERIENCE GRAND OPENING SWEEPSTAKES

CRAYOLA EXPERIENCE GRAND OPENING SWEEPSTAKES 2019

OFFICIAL RULES

THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED BY, ADMINISTERED BY, OR ASSOCIATED WITH INSTAGRAM®.

NO PURCHASE NECESSARY      VOID WHERE PROHIBITED BY LAW


1. HOW TO ENTER:  Crayola Experience Grand Opening Sweepstakes 2019 (the “Sweepstakes”) begins on Thursday, May 16 2019 at 12:01 am (Arizona Time – all times set forth in these Official Rules are Arizona Time) and ends on Friday, May 31, 2019 at 11:59 pm (the “Sweepstakes Period”).
 
The following centers (the “Centers”) are participating in the Sweepstakes: 
• Arrowhead Towne Center, located at 7700 W. Arrowhead Towne Center, Glendale, AZ 85308 @arrowheadtownecenter
• Biltmore Fashion Park, located at 2502 E Camelback Road, Phoenix, AZ 85016 @biltmorefashionpark
• Chandler Fashion Center, located at 3111 W. Chandler Boulevard, Chandler, AZ 85226 @chandlerfashioncenter
• Kierland Commons, located at 15205 N Kierland Blvd, Suite 150, Scottsdale, AZ 85254 @kierlandcommons
• San Tan Village, located at 2218 E Williams Field Road Suite 235, Gilbert, AZ 85295, @santan_village
• Scottsdale Fashion Square, located at 7014 East Camelback, Scottsdale, AZ 85251.  @scottsdalefashionsquare 


The sponsor of the Sweepstakes is The Macerich Partnership, L.P., c/o The Macerich Company, 401 Wilshire Blvd, Suite 700, Santa Monica, CA 90401 (the “Sponsor”).  

2. HOW TO ENTER.  You can enter the Sweepstakes by:

a.  Following at least one of the Centers on Instagram, May 31, 2019; and
b.  Comment on Instagram at one of the Centers’ Instagram accounts stated above telling us your favorite Crayola color, tag two friends and follow @VisitCEChandler (the “Post”)

By making a Post, you receive one (1) “Entry” into the Sweepstakes.  Limit one (1) Post per person per Center during the Sweepstakes Period.  

If there are more Posts by any one person per Center than permitted above, only the first Post will be considered and subsequent Entries will be disqualified.  No substitution, revision or reposting of any Entry will be accepted under any circumstances once the original Entry is submitted for consideration.  Failure to follow the instructions, procedures and/or these Official Rules shall render the Entry invalid.  All Entries must be actually received by the end of the Sweepstakes Period. Any other attempt at entry is void.  Sponsor’s computer is the official clock of the Sweepstakes.  If the identity of an entrant is disputed, the authorized Instagram 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 Instagram 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 Instagram account associated with the selected entry.  All entries must be submitted from a valid Instagram account that may be identified by reverse domain name search.  In order to be eligible, your Entry must comply with these Official Rules (as determined by Sponsor in their sole discretion), including, without limitation, the Post Guidelines provided below.

Entry requires an Instagram account. Obtaining an Instagram account is free of charge.  Registration for and use of www.instagram.com is subject to Instagram’s terms and conditions, and Sponsor has no responsibility with respect to such registration or use. 

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.  Official Rules are available at the Centers’ Management Office.

3. ELIGIBILITY:  Only legal residents of the fifty (50) United States and District of Columbia, who are thirteen (13) years of age or older at the time of Entry are eligible to enter (if under 18, with parent/legal guardian consent). Employees, officers, directors (and their immediate family members and members of their same households) and agents and representatives of (i) the Centers, (ii) Sponsor, 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 Center, (ii) prize suppliers, or (iii) any advertising or promotion agencies that do business with Macerich are not eligible to win.

4. POST GUIDELINES:  By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Sponsor, and further warrants and represents that his/her Post: 
a. does not violate any law, statute, ordinance or regulation;
b. does not violate Instagram’s Terms and Policies, including Community Standards;
c. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence; 
d. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
e. is not defamatory, trade libelous, pornographic, offensive or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:

  • Nudity;
  • Explicit, graphic or excessive sexual activity;
  • Crude, vulgar or offensive language and/or symbols;
  • Derogatory characterizations of any ethnic, racial, sexual or religious groups;
  • Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behavior or conduct;
  • Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
  • Conduct or other activities in violation of these Official Rules;
  • Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
  • Any identifiable third party products and/or trade-marks, brands or logos, unless the necessary permissions/licenses have been obtained; and
  • Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.

By participating in any component of the Sweepstakes and making a Post, each entrant: (i) grants to Sponsor and its affiliates, in perpetuity, a world-wide, non-exclusive, irrevocable, license to publish, display, reproduce, modify, edit or otherwise use his/her Post, in whole or in part, for advertising or promoting the Sweepstakes or for any other reason; (ii) waives all moral rights in and to his/her Post in favor of Sponsor and its affiliates; and (iii) agrees to release and hold harmless Instagram, Sponsor, its affiliates, subsidiaries, parent or related companies, its advertising or Sweepstakes agencies, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.  For greater certainty, Sponsor reserves the right, in its sole discretion, to remove Sponsor’s tag from any Post if it violates these Post Requirements, if a complaint is received with respect to the Post, or for any other reason. Further, the Sponsor reserves the right to message an entrant via Instagram and request he/she edit or modify his/her Post. Entrants and other individuals with questions, comments, concerns, etc. with regards to a Post are encouraged to directly contact Sponsor’s moderators via Instagram message.

5. SWEEPSTAKES LIMITS:  If it is discovered that any person has attempted to use (or attempt to use) multiple names, identities to enter the Sweepstakes, then (in Sponsor’s sole and absolute discretion) he/she may be disqualified from the Sweepstakes and all of his/her Entries are subject to disqualification by Sponsor.  Any Entry you attempt to submit will be rejected if (in Sponsor’s sole and absolute discretion) it is not submitted and received during the Sweepstakes 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 Sweepstakes is prohibited and is grounds for disqualification by Sponsor.  All entries and entrants are subject to verification for compliance with these Official Rules.  Sponsor reserves the right, in their 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 Official Rules.  Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.   Sponsor reserves the right, in its sole and absolute discretion, to disqualify any person tampering with the entry process or, as applicable, the operation of the Center’s and Sponsor’s websites, or who is otherwise in violation of these Official Rules.  Such a person will be prosecuted to the fullest extent of the law.  

6. PRIZES/ODDS OF WINNING:  Odds of winning a prize depend on the number of eligible entries received. One (1) winner will be randomly selected from all eligible Entries collected to receive the following prize (the “Prize”): this will need to be changed

a. Two Annual Passes Per Center.

The approximate retail value of the Prize is $70 per Center.   Terms and conditions may apply to the annual passes.

There is a limit of one (1) prize per person for all sweepstakes, contests, competitions and promotions conducted by the Center in the same calendar year.  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 the Prize (or portion thereof) with one of comparable or greater value. The Prize is nontransferable. The winner agrees to accept his or her Prize “AS IS.”  A lost or stolen Prize will not be replaced.  All trademarks are property of their respective owners.

7. DRAWING AND NOTIFICATION:  The winner will be selected in a random drawing from all eligible and qualified entries received in accordance with these Official Rules on Monday, June 3, 2019.  Sponsor shall administer and run the drawing.  The selected entry (the “Potential Winner”) will first be notified via Instagram Message (the “Winning Notification”) on Wednesday, June 05, 2019.  The Potential Winner must respond to the Winning Notification within Seventy-Two (72) hours using the contact information provided in the Winning Notification to verify eligibility and compliance with these Official Rules and confirm their address at which to receive their Prize, if desired. The Potential Winners 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 a 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 Sweepstakes and the selection of the qualified winner is final and binding in all matters related to the Sweepstakes.

8. 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.  A Prize Award Letter will be mailed to each winner. Winner(s) present Prize Award Letter to the Crayola Experience Chandler, located at Chandler Fashion Center, to receive physical annual passes. Delivery of the Prize Award Letter may take up to two (2) weeks after winner’s address is confirmed. 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 delivery 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.  

9. ACCEPTANCE OF PRIZE, PUBLICITY:
Except where prohibited by law, by accepting his or her Prize, 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 (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio), in connection with the 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. Winners’ first names and their last name’s initial (e.g., “Jane D.”) may be announced across any and all formats, (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio).

10. OFFICIAL RULES:  The Sweepstakes is subject to these Official Rules.  By entering the Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of Sponsor, whose decision is binding and final in all respects.

11. 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 a website or 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.

12. 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 Instagram and 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, administrator, advertising and promotional agencies, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsor 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).  Entrants hereby further agree that Sponsor Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsor 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).  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.

13. PARENT/GUARDIAN CONSENTS.  If a winner is under the age of eighteen (18) (US/DC residents), their parent or legal guardian must execute documentation to acknowledge, consent to, confirm, and approve the terms of these Official Rules and the Affidavit/Release and must submit to Sponsor such documentation at the time each respective winner submits his or her Affidavit/Release.

14. WINNERS LIST/RULES:  The name of the winners may be obtained after July 1, 2019, by sending a self-addressed, stamped envelope, to be received before August 1, 2019, to: Crayola Experience Sweepstakes - Winners, c/o Chandler Fashion Center, Chandler, AZ 85226, Attn: Marketing Manager.  

15. For a copy of the Official Rules, please send a self-addressed, stamped envelope, to be received before July 1, 2019, to: Crayola Experience Sweepstakes - Winners, c/o Chandler Fashion Center, Chandler, AZ 85226, Attn: Marketing Manager.  
.    

16. 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 Arizona (without giving effect to any conflict of law provisions thereof).  By participating in this Sweepstakes, 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 Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Maricopa County, Arizona having competent jurisdiction, which Court shall apply the laws of the State of Arizona without giving effect to any conflict of law provisions thereof.

17. PRIVACY POLICY:  Entry information collected pursuant to this Sweepstakes will be used to administer the Sweepstakes as contemplated by these Official Rules and for general marketing purposes in compliance with Sponsor’s Privacy Policy (as provided below) as applicable and to the extent permitted by law.

Your Privacy Rights
Privacy Policy for The Macerich Company and its Subsidiaries and Affiliates (“Macerich”)

Thank you for visiting our website ("Site").  This Privacy Policy applies to the websites, including the Site, that are sponsored by The Macerich Company, its affiliates and subsidiaries (collectively "Macerich" or the "Company).

Macerich is committed to treating the personal and corporate information of visitors to the Site, guests, customers, and vendors with respect and sensitivity.  By continuing to use our Site, you accept the terms of this Privacy Policy and our Terms of Use.

This Privacy Policy (together with our Terms of Use and any other policies referenced) identifies how we will collect and process any personally identifiable information, such as your name, email address, physical address and other information that we collect from you, or that you provide to us.

If you are a resident of the European Economic Area (“EEA”), this Privacy Policy also outlines additional policies applicable to our collection and processing of your personal information.  

As our services evolve and we perceive the need or desirability of using your personal data collected in other ways, we may from time to time amend this Privacy Policy.  The effective date appears at the end of this Privacy Policy.  We encourage you to check our Site frequently to review the current Privacy Policy in effect and any changes that may have been made to it.  

1. What Personal Data does the Company collect?  

We collect personal information that you enter on our Site or otherwise volunteer to us when you contact us.  You can choose not to provide certain information, but then you might not be able to take advantage of some of our features. 

For purposes of this Policy, “Personal Data” means information (whether stored electronically or in paper based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in our possession).  

Macerich collects only that Personal Data that is relevant for the purposes for which the data is requested.  You can visit our Site without telling us who you are or revealing any Personal Data.  

Information You Give Us

But in some circumstances we may ask you for and you may submit Personal Data, which may include information you give us when you contact us through our Site, or by corresponding with us by phone, e-mail, or otherwise.  We may collect Personal Data including contact information, such as name, address, email, and phone, and any other information that you may provide us.

Information We Collect About You

When you visit our Site, our web server automatically collects and stores the following information:

• Technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, referring website address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform; and

• Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our site (including date and time), pages on our Site you viewed; page response times, download errors, duration of page visits, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, and any phone number used to call our customer service number.

This information helps us improve our Site and facilitates your online experience when accessing our Site. 

Information We Receive from other Sources 

We also receive information about you from third parties who operate other Sites or services we use to provide our products and services to you.   We work closely with third parties, including, for example, business partners, promoters, affiliates, and sub-contractors in technical, payment and delivery services, advertising networks, marketing analytics providers, promotions, and search information providers.  

Cookies 

When you use our Site, we may collect information by automated means, such as through using technologies like cookies, web server logs, web beacons, and JavaScript.  For additional information regarding cookies and other ways we collect information automatically, link to our Cookie Policy.  By visiting our Site you explicitly agree to our collection and use of this data.  

2. How does the Company use Personal Data?

Information you give to us  

We will use this information:  

• to provide you with the information, products, and services that you request from us;

• to carry out our obligations arising from any contracts entered into between you and us, or between you and our promoters, affiliates, or distributors;  

• to contact you in the future to provide you with information about other goods and services we offer, or that are offered by our affiliates or third party vendors;

• to contact you in the future with newsletters and email correspondence on behalf of Macerich, our affiliates and our third party vendors;

• to notify you about changes to our service;

• to comply with applicable laws and regulations;

• to allow you to participate in our sweepstakes, contests and promotions;

• to perform data analyses (including anonymization and aggregation of Personal Data);

Information We Collect about You. We will use this information:

• to administer our site and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;

• to improve our site to ensure that content is presented in the most effective manner for you and for your computer;

• as part of our efforts to keep our site safe and secure.

Information we receive from other sources.

We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).

3. Do we share your Personal Data with any Third Parties?

We do not sell your Personal Data to any third parties.  We partner with third parties to provide some of the services and products available on our Site and at our events.  We sometimes disclose your Personal Data to those third parties, and they sometimes collect your Personal Data in the first instance and provide it to us.  All such third parties use your Personal Data only on behalf of Macerich and under the instructions of Macerich on how your information may be used and processed.  Macerich and our partners will use your Personal Data for limited purposes as specified in this Policy.  Macerich takes reasonable steps to ensure these third parties use your Personal Data only for the purposes for which they have been engaged by Macerich and that they agree to provide protections for your Personal Data that are no less protective than those set out in this Policy. 

We may also disclose your personal information to third parties in the following circumstances:

• If we sell or buy any business or assets, in which case we will disclose your Personal Data to the prospective seller or buyer of such business or assets as part of the purchase, transfer, or sale of services or assets; 

• If we sell all or substantially all of our assets to a third party, in which case personal information about our customers will be one of the transferred assets;

• If we are under a duty to disclose or share your Personal Data in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of us, our customers, or others.

Whenever we share information with third parties, we will take steps to ensure that the third parties put in place adequate measures to safeguard your Personal Data, and they will be required to use any Personal Data for only the intended purpose for which it was shared. 

4. How we store your Personal Data.

Macerich uses reasonable and appropriate measures to protect your Personal Data from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Data we collect.

We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above.  This period will vary depending on your interactions with us.  We may also keep a record of correspondence with you (for example if you have made a complaint about us or our services) for as long as is necessary to protect us from a legal claim.  

You may unsubscribe from any of our online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message we have sent to you.  We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information form us by mail for up to 60 days, and up to 10 days for e-mail.  You may also continue to receive information from those third parties to whom we have previously disclosed your Personal Data.  

Please note that when you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.

5. Access to Other Websites

Our Site may include links to and from other websites of our partner networks and affiliates.   If you follow a link to any of these websites, please note that these websites are not covered by this Privacy Policy.  We are not responsible for the privacy practices of any third parties or the content of linked sites although we do encourage you to read the applicable privacy policies and terms and conditions of such parties or websites.  This Privacy Policy only applies to how Macerich deals with your Personal Data, and it does not apply to any other company or any other company’s websites even if you access them via our Site.  Please check those websites’ policies before you submit any Personal Data to them.

6. Protecting Children’s Privacy

We are strongly committed to protecting the safety and privacy of children who visit our 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.

7. Information collected at Macerich Mall Properties

Wi-Fi Services.

Macerich may use mobile technology to locate customers in Macerich’s mall properties to improve your shopping experience and to assist our merchants in providing services to you. Among the technologies we use are locational beacons that transmit a signal to mobile device with a mobile application. If you use one of the Wi-Fi networks in our malls, we will collect personal information from you in order to log you on to the network, including your email address. We may also collect information about your use of the Wi-Fi, such as the web pages you visit, your MAC or IP address, and your location while using the Wi-Fi.  You can choose to opt out of this service at any time, but if you do, you will not have access to our Wi-Fi networks.

Video Recording

Macerich also places video cameras throughout certain Macerich mall properties.  Macerich uses these cameras to photograph shoppers and analyze the photographs to determine traffic patterns within our malls and to assess demographic data, which may include age and gender.  We use this information to optimize shopping experiences at our properties, and 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.

Location Information

We also employ in some Macerich malls other mobile data technology to track how shoppers travel through our malls, assess the duration of time they are on our property, count the total numbers of shoppers by hour, by entrance and other zones within the property, and detect whether the shopper is a repeat visitor and the frequency of his or her visits.  These technologies use signals broadcast from a smartphone or other mobile device and 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.  None of this information constitutes Personal Information.  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. 

License Plate Recording

At certain of our mall properties, Macerich photographs and records license plate numbers of shoppers who use our parking facilities.  Macerich collects that information to assist drivers in locating their automobiles; to monitor available space in parking structures; and in certain locations, to facilitate automatic or cashless parking charges.  

Merchant Activities

Macerich does not regulate how merchants with locations in a Macerich mall might collect or use your Personal Information.  For information concerning how a merchant might collect or use your Personal Information, please contact the merchant directly.

8. Your Responsibility

Although we will protect your privacy on the Site as described in this Policy, you should keep in mind that if you voluntarily disclose Personal Information online, that information may be accessible to others. This is also true if anyone else has access to your personal computer, such as an employer or family member. Additionally, this Policy is incorporated into Macerich’s Terms of Use by reference. It is your responsibility to adhere to the requirements of the Terms of Use upon any use of the Site.

9. Sweepstakes and Promotions

Macerich sometimes offers sweepstakes, contests or other promotions, as well as rewards programs and text messaging programs (collectively, “Promotions”).  These can be offered through the Site, at mall properties or by other means.  In each case, the Promotions will be governed by a separate set of rules or terms and conditions that, in addition to describing the 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.

10. Additional Policies In Compliance with the EEA Privacy Laws

In addition to the other policies described in this Privacy Policy, residents of the European Union or the EEA are afforded the following additional rights and protections as required by the General Data Privacy Regulation (“GDPR”).  The additional rights and protections set forth in this section of this Policy apply only to residents of the European Union or the EEA.   

10.1 GDPR Definitions

The following additional definitions apply to this Section of the Privacy Policy:

“Controller” means the Company which is the organization that determines the purposes for which, and the manner in which, any Personal Data is Processed and used in its business.

“Processor” means any Person Processing Personal Data.

“Person” means a natural person, corporation, association, organization, partnership, or other legal entity.

“Processing” is any activity that involves use of the Personal Data. It includes, without limitation, obtaining, recording or holding the Personal Data, or carrying out any operation or set of operations on the Personal Data including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring Personal Data to third parties.

10.2 The legal basis for processing your Personal Data

In order to comply with the GDPR, we are required to set out the legal basis for the processing of your Personal Data.  In accordance with the purposes for which we collect and use your Personal Data, as set out above, the legal basis for processing your Personal Data will typically be one of the following: 

• our own legitimate business interests, or the legitimate business interests of our third party partners, promoters, affiliates, distributors, suppliers, vendors, and subcontractors, such as, for example, providing direct marketing to our customers of our products and services that we think would be of interest, permitting prospective employees to search and apply for job opportunities, handling inquiries from our promoters, affiliates, distributors, vendors, and customers, or other instances where we have carried out a legitimate interests assessment and have established an existing legitimate interest;

• the performance of a contract that we have in place with you;

• your consent, where appropriate; or 

• compliance with our legal obligations, including to meet national security or law enforcement requirements. 

10.3 Where we store your Personal Data

The data that we collect from you is stored on our servers or on servers provided by cloud service providers, such as Amazon Web Services.  If you are a resident of the EEA, your Personal Data may be transferred within or outside the EEA to areas where privacy laws may be less strict than in the EEA.  By submitting your Personal Data, you agree to this transfer, storing, and  processing.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.  

The  transmission of information via the Internet is not completely secure. Although we take reasonable efforts to protect your Personal Data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk.  Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

10.4 Addendum to how long we store your Personal Data

In some cases, there is a legal requirement to keep Personal Data for a minimum period of time.  Except in those circumstances, we do not keep your Personal Data for any longer than is necessary for the purposes for which the Personal Data was collected or for which it is to be further processed.

10.5 Your rights with respect to your Personal Data

Subject to certain exceptions, you have the following rights with respect to your Personal Data:

• To receive or access a copy of the Personal Data that we hold about you;

• To request that any inaccurate or incomplete Personal Data be corrected or supplemented;

• To have your Personal Data erased, unless we have a legitimate reason to retain the Personal Data (such as if we are required to do so for legal reasons); and

• To ask us not to process your Personal Data for a particular purpose, including for marketing.

All of these rights are subject to certain conditions and exemptions.  For example, Macerich will not be obligated to erase your Personal Data if we need to retain it to protect ourselves in the event of a legal claim.

To exercise any of these rights,  please submit a written request to us using the contact information set forth below. The Company reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations.  You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email we send you.  

11. Conditions of Use and Changes to our Privacy Policy 

If you choose to visit our Site and attend our events, your visit and any dispute over privacy is subject to this Notice and our Terms of Use, including limitations on damages, resolution of disputes, and application of the law of the State of California.  If you have any concern about our privacy practices, please contact us with a thorough description, and we will try to resolve it.  As our business changes, our Privacy Policy and Terms of Use may change also. We may e-mail periodic reminders of our notices and conditions, but you should check our Site frequently to see recent changes.  Unless stated otherwise, our current Privacy Policy applies to all information that we have about you and your account. 

12. Your California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to request from a business with whom the California resident has an established business relationship certain information with respect to the types of Personal Information the business shares with third parties for those third parties’ direct marketing purposes and the identities of the third parties with whom the business has shared such information during the immediately preceding calendar year. To exercise your rights, you may make one such request each year by e-mailing us at DataCustSvc@macerich.com. You may also read a description of our information disclosure practices in the foregoing provisions of this Privacy Policy.

13. Contacting us

This Site is owned and operated by Macerich.  If you have any questions or suggestions with respect to this Privacy Policy or our privacy practices, please e-mail us at DataCustSvc@macerich.com, or you can contact us by mail at: 
The Macerich Company
401 Wilshire Blvd., Suite 700
Santa Monica, CA 90401
Attn: Legal Department

Updated August 21, 2018