Terms and Conditions QuikSpace Survey Promotion (Macerich)

Void Where Prohibited by Law      

While Supplies Last

Promotion Period: Promotion begins on June 6, 2023 and ends upon the earlier of June 16, 2023 or the time at which three hundred responses have been received. (“Promotion Period”).

Redeeming the Gift: During the Promotion Period, fully complete a survey in compliance with all Terms and Conditions, and follow the instructions for redemption sent to you via email, to receive a gift card (the “Gift”).  To qualify for the Gift, the contact email that you provide must match the email at which you received the link to the survey.  Limit one (1) Gift per person during the Promotion Period.  The Gift will be given away while supplies last.  No redemptions for the Gift shall be made after the expiration of the Promotion Period or after all of the Gifts have been given away, whichever shall first occur.  Any other attempt to obtain the Gift pursuant to this Promotion is void.  Failure to follow the instructions, procedures and/or these Terms and Conditions shall render the ability to redeem the Gift invalid.  

The Gift: The Gift is subject to availability.  The approximate retail value of the Gift is $25.  Additional terms and conditions may apply to the delivery of the Gift.  See Gift for details, terms, conditions, and (if applicable) fees.  The Gift has no cash value. The Gift cannot be redeemed for cash or any other substitutions.  The participants agree to accept the Gift “AS IS.”  The Gift will not be replaced.  No exchanges.  The Sponsor shall not be held responsible for any delays in awarding the Gift for any reason. Sponsor reserves the right to disqualify entrants who fail to follow these Terms and Conditions or who make any misrepresentations relative to the Promotion and redemption of a Gift.  

Sponsor: The Macerich Company (“Sponsor”) is the sponsor and administrator of this promotion (the “Promotion”).  Sponsor’s business address is 401 Wilshire Blvd., Suite 700, Santa Monica, California 90401.   

Eligibility: Only legal residents of the U.S. who are eighteen (18) years old or older as of the first day of the Promotion Period are eligible to participate in this Promotion.  To qualify for the Promotion, all entrants must be a member of the Sponsor’s email database.  Employees, officers, directors (and their immediate family members and members of their same households) and agents and representatives of (i) the Sponsor or (ii) any of the Sponsor’s respective parents, affiliates and subsidiary companies (collectively “Macerich”), and employees, officers, directors, agents and representatives of any advertising or promotion agencies that do business with Macerich are not eligible.

Limitation of Liability: By participating in this Promotion, entrants agree that the Sponsor and its affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, advertising, public relations, promotional, fulfillment and marketing agencies, website providers and each their respective officers, directors, stockholders, employees, representatives, designees and agents (collectively, the “Released Parties”) are not responsible for: (i) lost, late, incomplete, stolen, misdirected, postage due or undeliverable email notifications, telephone calls, or postal mail; (ii) any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; (iii) garbled, corrupt or jumbled transmissions, service provider/Internet/website/UseNet accessibility, availability or traffic congestion; (iv) any technical, mechanical, printing or typographical or other error; (v) the incorrect or inaccurate capture of registration information or the failure to capture, or loss of, any such information; (vi) any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft or destruction or unauthorized access to the website; (vii) any injury or damage, whether personal or property, to entrants or to any person's computer related to or resulting from participating in the Promotion and/or accepting the Gift; and (viii) entries that are late, forged, lost, misplaced, misdirected, tampered with, incomplete, deleted, damaged, garbled or otherwise not in compliance with the Terms and Conditions. Further, the Sponsor is not responsible for any undelivered telephone calls, messages or e-mails, including without limitation, e-mails that are not received because of an entrant’s privacy or spam filter settings that may divert any Gift delivery or notification or other Promotion related e-mail to a spam or junk folder. By entering the Promotion, each entrant agrees: (i) to be bound by these Terms and Conditions, including entry requirements and the decisions of the Sponsor; (ii) to waive any rights to claim ambiguity with respect to these Terms and Conditions; (iii) to waive all of his/her rights to bring any claim, action or proceeding against any of the Released Parties in connection with the Promotion; and (iv) to forever and irrevocably agree to release and hold harmless each of the Released Parties from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability, costs and expenses (including, without limitation, reasonable attorneys’ fees) that may arise in connection with: (a) the Promotion, including, but not limited to, any Promotion related activity or element thereof, and the entrant’s entries, participation or inability to participate in the Promotion; (b) the violation of any third-party privacy, personal, publicity or proprietary rights; (c) acceptance, attendance at, receipt, travel related to, participation in, delivery of, possession, defects in, use, non-use, misuse (including any tax liabilities), inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of the Gift (or any component thereof); (d) any change in the prizing (or any components thereof); (e) human error; (f) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties; (g) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof); or (h) the negligence or willful misconduct by entrant. Promotion void where prohibited by law.  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.  Sponsor is not responsible for any incorrect or inaccurate information, whether caused by tampering, hacking, or by any of the equipment or programming associated with the Promotion.

Promotion Entry Requirements: In order to enter the Promotion, entrants must click on the link provided through Macerich, and complete the survey between June 6, 2023 and June 16, 2023. The date of entry will be determined by the Sponsor’s computer. Only entries with email address included in a completed survey will be considered. Survey must be completed and fully submitted.  Only one (1) entry per person. If multiple entries are received per person, only the first entry will be considered, and subsequent entries will be disqualified.  Entries cannot be obscene, indecent, offensive, violent, hateful, or be against the law as determined solely by the Sponsor.  

Taxes: Each participant is solely responsible for all taxes as it relates to their respective Gift, including applicable sales and income taxes.   

Disputes/Choice of Law: Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this promotion or any gift awarded shall be resolved individually, without resort to any form of class action, and exclusively by the state or federal courts located in Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this promotion, but in no event attorneys’ fees; and (3) under no circumstances will entrants be permitted to obtain awards for, and entrants hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.  All issues and questions concerning the construction, validity, interpretation, and enforceability of these terms and conditions, or the rights and obligations of entrant and the sponsor in connection with the promotion, shall be governed by, and construed in accordance with, the substantive laws of the State of California, without regard to choice of law rules.

Additional Disclaimer: This Promotion is subject to all federal, state and local laws and regulations.  All rights reserved. The Sponsor reserves the right to modify or cancel the Promotion in the event that it becomes technically corrupted. If, for any reason, the Promotion is not capable of running as planned, or the integrity and or feasibility of the Promotion is severely undermined by any event beyond the control of Sponsor, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order, or regulation, order of any court or jurisdiction, infection by computer virus, tampering, unauthorized intervention, technical failures or other cause not reasonably within the control of Sponsor (each a “Force Majeure” event or occurrence), Sponsor reserves the right, at its sole and absolute discretion, to abbreviate, cancel, terminate, modify or suspend the Promotion and/or proceed with the Promotion. Without limiting the foregoing, everything regarding this Promotion, including the Gift, is provided “as is” without warranty of any kind, either express or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. 

Terms and Conditions:  For an additional copy of these Terms and Conditions, send a self-addressed, stamped envelope, specifying which Terms and Conditions you are requesting to: Macerich, 401 Wilshire Blvd., Suite 700, Santa Monica, California 90401, Attention: Promotion Rules.  

Privacy Policy:  Entry information collected pursuant to this Promotion will be used to administer the Promotion as contemplated by these Terms and Conditions and for general marketing purposes in compliance with Sponsor’s Privacy Policy (as linked below) as applicable and to the extent permitted by law. 

Your Privacy Rights 
Notice of Financial Incentive