1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO PARTICIPATE IN THIS CONTEST. A purchase will not improve your chance to win. Void where prohibited. Subject to all applicable federal, state and local laws.
2. ELIGIBILITY TO PARTICIPATE. In order to participate in the 2020 Gift It Forward Sweepstakes (the “Contest”), both the person nominating (the “Nominator”) and the person being nominated (the “Nominated Person”) for the Contest must live within one hundred (100) miles of a Participating Macerich Shopping Center listed below in Section 4 and must be legal residents of the United States. Employees of the Participating Macerich Shopping Centers, The Macerich Partnership, L.P., The Macerich Company or any of their respective affiliates or subsidiary companies (collectively, "Macerich”), or any of Macerich's advertising and promotion agencies, and website providers (individually or collectively, the “Promoters”) and their immediate family members or others living in the same household may not participate in the Contest, either as Nominators or as a Nominated Person. In addition, a Nominator must be at least 13 years old to participate in the Contest.
3. HOW DO I ENTER? Beginning at 12:01 a.m. Pacific Time (“PT”) on November 9, 2020 until 11:59 p.m. PT on December 11, 2020 (the “Promotion Period”), a Nominator may enter the Contest by filling out an entry form nominating a Nominated Person (the “Entry Form”) as a “Nominated Person of Distinction”. Nominators and Nominated Persons are both eligible for prizes as described below, and referred to individually as a "Nominator Winner" and a "Nominated Person Winner," as appropriate, and collectively as "Winners".
The Entry Form can be found on www.CenternameURL.com/giftitforward or the URL’s listed below in Section 4. The Entry Form must be filled out completely. Entry Forms that are incomplete will be disqualified. To complete the Entry Form Nominators will be required to provide contact information for the Nominated Person. Winners are chosen at random, and providing additional information about the Nominated Person or Nominator will not increase the chances of winning.
By entering this Contest and agreeing to these Official Rules, each Nominator represents and warrants that he or she is the person listed on the Entry Form and the author of the Entry Form submitted in connection with the Contest. Nominators agree to fully indemnify Macerich for all damages incurred as the result of the use of another’s image, photograph, or written work. Entry Forms may not be offensive or defamatory, as determined by Macerich in its sole discretion. Macerich is not responsible for incorrect, inaccurate or incomplete entry of information or for entries which are lost, late, delayed, misdirected, electronically garbled, damaged, incompletely received, otherwise defective or lost in cyberspace due to any reason, all of which will void the entry. Proof of sending will not be deemed to be proof of receipt by Macerich. Macerich reserves the right, in its sole discretion, to cancel or suspend this Contest and award a prize from entries received up to the time of termination or suspension should a virus, bug or other causes beyond Macerich’s control, unauthorized human intervention, malfunction, computer problems, phone line or network hardware or software malfunction, which, in the sole opinion of Macerich, corrupt, compromise or materially affect the administration, fairness, security or proper play of the Contest or proper submission of Entry Forms.
Nominated Person Winners will be chosen beginning on December 12, 2020 with the last selection on December 14, 2020. Entry Forms must be submitted online by the Sunday prior to the selection of the Nominated Person Winner to be eligible; provided, however, the last selection on December 14, 2020 will be based on Entry Forms received through Friday, December 11, 2020.
4. PARTICIPATING CENTERS. The following are participating Macerich shopping centers (collectively, the “Participating Macerich Shopping Centers” and each individually, a “Participating Macerich Shopping Center”):
Arden Fair |1689 Arden Way, Sacramento, CA 95815
Arrowhead Towne Center | 7700 West Arrowhead Towne Center Drive, Glendale, AZ 85308
The Shops at Atlas Park | 8000 Cooper Ave, Glendale, NY 11385
Biltmore Fashion Park | 2502 East Camelback Road, Phoenix, AZ 85016
Broadway Plaza |1275 Broadway Plaza, Walnut Creek, CA 94596
Chandler Fashion Center |3111 W. Chandler Blvd., Ste. 2142, Chandler, AZ 85226
Danbury Fair Mall | 7 Backus Avenue, Danbury, CT 06810
Deptford Mall | 1750 Deptford Center Road, Deptford, NJ 08096
Desert Sky Mall | 7611 West Thomas Road, Phoenix, AZ 85075
Eastland Mall | 800 North Green River Road, Evansville, IN 47715-2471
Fashion Fair | 4841 N. 1st. Street, Fresno, CA 93726
Fashion Outlets of Chicago | 5220 Fashion Outlets Way Suite 230, Rosemont, IL 60018
Fashion Outlets of Niagara | 1900 Military Rd, Niagara Falls, NY 14304
Flatiron Crossing | One W. Flatiron Circle, Ste. 1083, Broomfield, CO 80021
Freehold Raceway Mall | 3710 Route 9, Freehold, NJ 07728
Green Acres Mall | 2034 Green Acres Mall Sunrise Highway, Valley Stream, NY 11581
Inland Center | 500 Inland Center, San Bernardino, CA 92408
Kierland Commons | 15044 N. Scottsdale Rd., Suite 270, Scottsdale, AZ 85254
Kings Plaza | 5100 Kings Plaza, Brooklyn, NY 11234
La Encantada | 2905 E. Skyline Drive, Tucson, AZ 85718
La Cumbre Plaza | 121 S Hope Ave, Santa Barbara, CA 93105
Lakewood Center | 500 Lakewood Center Mall, Lakewood, CA 90712
Los Cerritos Center | 239 Los Cerritos Center, Cerritos, CA 90703
Mall of Victor Valley, The | 14400 Bear Valley Road, Victorville, CA 92392
NorthPark Mall | 320 West Kimberly Road, Davenport, IA 52806-5920
The Oaks | 222 West Hillcrest Drive, Thousand Oaks, CA 91360
Pacific View | 3301-1 East Main Street, Ventura, CA 93003
Paradise Valley Mall | 4568 East Cactus Road, Phoenix, AZ 85032
Queens Center | 90-15 Queens Blvd., Elmhurst, NY 11373
Santa Monica Place | 395 Santa Monica Place, Santa Monica, CA 90401-2350
SanTan Village | 2361 South SanTan Village Parkway Gilbert, AZ 85296
Scottsdale Fashion Square | 7014-590 E. Camelback Rd., Scottsdale, AZ 85251
Shops at North Bridge, The | 520 N Michigan Ave, Chicago, IL 60611
South Plains Mall | 6002 Slide Road, Lubbock, TX 79414
SouthPark Mall | 4500 16th Street, Moline, IL 61265-7078
Southridge Mall | 1111 E Army Post Rd, Des Moines, IA 50315
Stonewood Center | 251 Stonewood Street, Downey, CA 90241
Superstition Springs Center | 6555 East Southern Avenue, Mesa, AZ 85206
Towne Mall | 1704 N. Dixie Highway, Elizabethtown, KY 42701
Twenty Ninth Street | 1710 29th Street, Boulder, CO 80301
Tysons Corner Center | 1961 Chain Bridge Rd., Ste. 105, McLean, VA 22102
Valley Mall | 1925 East Market Street, Harrisonburg, VA 22801-3432
Valley River Center | 293 Valley River Center, Eugene, OR 97401
Village at Corte Madera, The | 1618 Redwood Highway, Corte Madera, CA 94925-1224
Vintage Fair Mall | 3401 Dale Rd., Ste. 483, Modesto, CA 95356
Washington Square Mall | 9585 S.W. Washington Square Rd., Portland, OR 97223
Wilton Mall | 3065 Route 50, Saratoga Springs, NY 12866
5. NUMBER OF ENTRIES. Each Nominator may submit only one Entry Form for one Nominated Person; provided, however a Nominator may submit a subsequent Entry Form for another Nominated Person. If a Nominator submits Entry Forms for different Nominated Persons, the Nominator will only be considered to have one Entry Form for the Nominator Prize. In addition thereto, different Nominators can submit Entry Forms for the same Nominated Person. If multiple Entry Forms are submitted by a Nominator for the same Nominated Person, all but the first Entry Form received will be ignored. Any attempt by any Nominator to obtain more than one (1) entry during the Promotion Period by using multiple/different email addresses or mobile numbers, identities, registrations or logins, or any other methods may void that participant’s entries and that participant may be disqualified from the Contest. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, Contest entry services) will void all entries by that entrant. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.
6. CONTENT REQUIREMENTS FOR ENTRY FORM.
Once a Nominator has submitted an Entry Form, the entry is final and may not be modified or edited. Nominators are solely responsible for transmission of Entry Forms and assume all risk that such Entry Forms are not received by Macerich or are received incompletely. Macerich shall have no liability or obligation with regard to Entry Forms which are not received, or are received incompletely, without regard to the reasons for such incompleteness or non-delivery.
7. CONDITIONS OF ENTRY. As a condition of participating in the Contest, and by submitting an Entry Form, Nominator warrants and represents that the Entry Form and all of its content:
(a) is original and owned by Nominator;
(b) contains all necessary rights and permissions from persons other than the Nominator who are referenced on the Entry Form; and
(c) does not infringe the intellectual property, privacy, or publicity rights or any other legal or moral rights of any third party. Macerich’s determination as to whether the content of the Entry Form potentially violates the rights of any third party, made in its sole discretion, is final.
In addition thereto, as a condition of participating in the Contest and by submitting an Entry Form, Nominator agrees, wherever lawful, to the following:
(i) Macerich may use the name, image, likeness and persona of Nominator in any print, Internet and television advertising, filming behind the scenes, and interviews. All such photographs, audio or video recordings and/or related material shall be the property of Macerich.
(ii) Macerich has the ultimate right, in its sole discretion, to make the final determination on all aspects of any photos, audio, or video recordings of Nominator, including the ultimate use or non-use of the images and/or recordings.
(iii) Nominator assigns or licenses the intellectual property rights in his or her Entry Form to Macerich.
(iv) Participation in and assistance with (including providing personal photos and information as requested) photo, audio, and video appearances as reasonably requested by Macerich for a period of up to one year after the end of the Contest.
(v) Participation in media interviews and mentions in press releases for a period of up to one year after the end of the Contest.
(vi) Inclusion in print, television and online marketing and promotional materials for a period of up to one year after the end of the Contest.
(vii) Indefinite use of Nominator’s names, likeness and statements in online channels, including but not limited to Macerich’s website, Facebook, Twitter, and other social media accounts.
(viii) Any other provisions as Macerich may reasonably require, in its sole discretion.
8. HOW ARE WINNERS SELECTED? Winners are chosen at random from the entries submitted prior to the date of selection. 47 Nominated Person Winners will be selected and 47 Nominator Winner will be selected. Nominator Winner and Nominated Person Winners will be chosen together, and the Nominator who submits an entry for a Nominated Person Winner will be entitled to a prize. Promoters will attempt to contact the Winners by phone and email, using the information provided on the Entry Form. If Macerich is unable to get in touch with the chosen Winners by December 31, 2020, the prize that such Winner would otherwise have received is irrevocably forfeited, and Macerich may award the prize to another Nominated Person or Nominator, as applicable, using the same procedure described above.
In order for a Winner to receive his or her prize, the Winner must sign and return the Affidavit of Eligibility, Publicity & Liability Release (“Affidavit”) referenced below within seventy-two (72) hours from date of notice.
Odds of winning depend upon the number of entries received.
Winners are subject to verification of eligibility and identity per these rules which must be completely satisfactory as determined by Macerich in its absolute and sole discretion.
9. WHAT WILL THE WINNER RECEIVE?
Each Nominated Person Winner will receive a $500 check made out to the Nominated Person personally. The Nominator Winner will receive a $500 check made out to the Nominator personally. Winners may not request prize substitution or cash redemption. Prizes are not transferable. Macerich reserves the right to substitute any prize, or variations of any part of a prize in its sole discretion. Macerich makes no warranties or disclaimers concerning the prizes beyond those customarily given by Macerich or already given by third parties in connection with any part of the prizes.
10. REQUIREMENTS OF WINNERS. As a precondition to the award of a prize, the Winners must:
(a) Return an executed Affidavit and provide a valid photo identification (i.e., driver’s license, US passport).
(b) Return a valid W-9 to the Participating Macerich Property.
(c) In the Affidavit, Winners will be required, wherever lawful, to agree in writing that:
(i) Macerich may use the name, image, likeness and persona of Winner in any print, Internet and television advertising, filming behind the scenes, and interviews. All such photographs, audio or video recordings and/or related material shall be the property of Macerich.
(ii) Macerich has the ultimate right, in its sole discretion, to make the final determination on all aspects of any photos, audio, or video recordings of Winner, including the ultimate use or non-use of the images and/or recordings.
(iii) Nominator assigns or licenses the intellectual property rights in his or her winning Entry Form to Macerich.
(d) Winner will be required to commit to participate in the Contest without any compensation (other than the prize) or right of approval. Such participation may include, but is not limited to:
(i) Participation in and assistance with (including providing personal photos and information as requested) photo, audio, and video appearances as reasonably requested by Macerich for a period of up to one year after Winner's selection;
(ii) Participation in media interviews and mentions in press releases for a period of up to one year after Winner's selection;
(iii )Inclusion in print, television and online marketing and promotional materials for a period of up to one year after Winner’s selection;
(iv) Indefinite use of Winner's name, likeness and statements in online channels, including but not limited to Macerich’s website, Facebook, Twitter, and other social media accounts.
(v) Winner must agree in writing to such other provisions as Macerich may reasonably require, in its sole discretion.
If Winner fails to complete any of the aforementioned requirements, such Winner may be disqualified and the prize may be awarded to another Nominated Person or Nominator, in Macerich’s sole discretion.
11. ADDITIONAL TERMS. Promoters and their promotional and advertising agencies shall have no liability and shall be released and held harmless by Nominators and Nominated Persons for any damage, loss or liability to person or property, due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize or participation in this Contest. Taxes on any prize and any other expenses, are the sole responsibility of Winner.
13. DISPUTES. Each Nominator and Nominated Person agrees that: (1) any and all disputes, claims and causes of action arising out of or in connection with this Contest, or any prizes awarded, shall be resolved individually, without resorting to any form of class action, and any judicial proceeding shall take place in a federal or state court within the State of 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 Contest; and (3) under no circumstances will Nominators or Nominated Persons be permitted to obtain awards for, and Nominators and Nominated Persons hereby waive all rights to claim 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 Official Rules, or the rights and obligations of Nominators, Nominated Persons and Promoters in connection with the Contest, shall be governed by, and construed in accordance with the laws of the State of California, without giving effect to any choice of law or conflict of law, rules or provisions (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of California.
14. HOLD HARMLESS. By participating in the contest, Nominator and Nominated Person agree to release and hold harmless the Promoters and their employees, officers, affiliates, agents, and advertising and promotional agencies from any and all damages, injuries, claims, causes of actions, or losses of any kind resulting from your participation in this Contest, including infringement of intellectual property rights. Macerich and each of its employees, directors, officers, affiliates, agents, and advertising and promotional agencies assume no responsibility or liability for any damages, injuries, claims, causes of action, or losses of any kind resulting in whole or in part from this Contest.
15. SPONSOR. Macerich Management Company is the sponsor of this Contest. Macerich Management Company reserves the right to cancel the Contest at any time and substitute another promotion in its place.
16. CONTEST RESULTS AND OFFICIAL RULES. To obtain the identity of the Winners and/or a copy of these Official Rules, send an email request to firstname.lastname@example.org.
© 2020 Macerich, LP. All rights reserved. Contest Nominated Persons and Nominators are hereby authorized to copy these Official Rules on the condition that it will be for their own personal use and not for any other commercial purpose whatsoever.