PACSUN BLACK FRIDAY
BRANDY MELVILLE INSTANT WIN EVERY HOUR
AND GRAND PRIZE SWEEPSTAKES
Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the PacSun Black Friday Brandy Melville Instant Win Every Hour (the “Instant Win”) and Grand Prize Sweepstakes (the “Grand Prize Sweepstakes” or together with “Instant Win”, the “Sweepstakes):
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER: You may enter the Instant Win beginning at 8:00 p.m. local time on November 28, 2013, by texting “BRANDY” to PacSun at 77053(Entry may be subject to fees under the terms of the entrant’s mobile phone subscription plan; contact your carrier for pricing plans and details); after you send the text message, you will receive a confirmation text message which will prompt you to reply with your email address to complete entry (“Entry” or “Entries”). ENTRIES RECEIVED BY 9:00 P.M. LOCAL TIME ON NOVEMBER 28, 2013, WILL BE PART OF THE FIRST INSTANT WIN DRAWING DESCRIBED IN SECTION 4 BELOW. AN INSTANT WIN DRAWING WILL BE HELD EACH HOUR THEREAFTER FROM ENTRIES RECEIVED DURING THE PREVIOUS HOUR (E.G. THE FIRST INSTANT WIN DRAWING WILL BE HELD DURING THE HOUR OF 9:00 P.M. LOCAL TIME TO 10:00 P.M. LOCAL TIME, FOR ENTRIES RECEIVED DURING THE HOUR OF 8:00 P.M. LOCAL TIME TO 9:00 P.M. LOCAL TIME, AND THE LAST INSTANT WIN DRAWING WILL BE HELD BETWEEN THE HOUR OF 12:00 P.M. AND 1:00 P.M. LOCAL TIME ON NOVEMBER 29, 2013). THE LAST TIME TO ENTER THE INSTANT WIN IS NO LATER THAN 12:00 P.M. LOCAL TIME ON FRIDAY, NOVEMBER 29, 2013. INSTANT WIN WINNERS ARE AUTOMATICALLY ENTERED INTO THE GRAND PRIZE SWEEPSTAKES. ONLY ONE (1) ENTRY PER PERSON/PHONE NUMBER/EMAIL ADDRESS WILL BE ACCEPTED FOR THE ENTIRE SWEEPSTAKES.
PROMOTION PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The Sweepstakes begins at 8:00 p.m. local time on November 28, 2013, and ends at 12:00 p.m. local time on November 29, 2013 (the "Promotion Period"). An Instant Win drawing will be held each hour thereafter during the Promotion Period. The last time to enter the Instant Win is no later than 12:00 p.m. local time on November 29, 2013. Instant Win winners will automatically be entered into the Grand Prize Sweepstakes.
ELIGIBILITY; PERSONAL INFORMATION: Open and offered to legal residents of the 50 United States, D.C. and Puerto Rico who, as of November 28, 2013, are female and at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (“PacSun” or the “Promotion Sponsor”), each of its affiliated companies, their advertising and promotion agencies as well as the immediate family (spouse, parents, grandparents, grandchildren, in-laws, siblings and children and their respective spouses) and household members of each such person, whether or not related, are not eligible. Limit one Entry per person, which is valid for the entire Promotion Period. No mechanically reproduced Entries will be accepted. The Sweepstakes is subject to all applicable laws and regulations. An eligible minor (in the case of Puerto Rico, this means less than 21 years of age), must have his/her parent’s or legal guardian’s permission to participate.
DRAWING: Twenty-two (22) instant winners (the “Instant Winners”) will be selected by a random hourly drawing conducted by the Promotion Sponsor or its agent from all eligible Entries received within each one hour period after the Promotion Period begins (i.e. 8:00 p.m. local time on November 28, 2013). Eligible Entries are properly completed Entries received within each one hour period starting at 8:00 p.m. local time and ending at 12:00 p.m. local time on November 29, 2013, and that otherwise meet the requirements described in these Official Rules. A drawing relating to the previous hour’s Entries will be held during the immediately succeeding hour for an Instant Winner (e.g. the first Instant Win drawing will be held during the hour of 9:00 p.m. local time and 10:00 p.m. local time on November 28, 2013, and the last Instant Win drawing will be held during the hour of 12:00 p.m. local time and 1:00 p.m. local time on November 29, 2013). Five (5) grand prize winners (the “Grand Prize Winners”) will be selected by a random drawing conducted by the Promotion Sponsor or its agent from the Instant Winners. The Grand Prize Winners will be drawn from the Instant Winners on or about December 2, 2013. Such drawings will be final and binding on all matters related to the Sweepstakes. The Instant Winners do not need to be present at the drawing and will be notified by text message of their names being drawn after each hour during the Promotion Period. The Instant Winners must redeem their prize on November 28th or November 29th, 2013 or the Instant Win prize may be forfeited. The Grand Prize Winners do not need to be present at the drawing and will be notified by email of their names being drawn on or about December 2, 2013. If the Grand Prize Winners do not respond within three (3) days of notification, an alternate winner for such grand prize may be selected at random from among the remaining Instant Winners. The Instant Win prizes will only be available on November 28th or 29th, 2013. The Grand Prize Sweepstakes prizes will be available no later than May 31, 2014.
PRIZES:Twenty-two (22) Instant Win prizes (each an “Instant Win Prize”) and five (5) grand prizes (each a “Grand Prize”) will be awarded. The odds of winning an Instant Win Prize depend on the number of eligible Entries received within each hour during the Promotion Period. The odds of winning a Grand Prize if you are an Instant Winner are 1 in 4.4. The prizes to be awarded are as follows:
- a. Twenty-two (22) Instant Win Prizes each consisting of the entire Brandy Melville assortment available at participating PacSun stores only on November 28th or 29th, 2013. Sizing and color based on availability. Approximate Retail Value (“ARV”) of $550.00 for each Instant Win Prize. Each Instant Win Prize must be redeemed on November 28th or 29th, 2013 or the Instant Win Prize may be forfeited at the Promotion Sponsor’s sole discretion.
- b. Five (5) Grand Prizes each consisting of one (1) trip for two (2) people to travel to Rome, Italy for five (5) nights. The trip will include round trip coach air from the airport closest to the Grand Prize Winner’s legal residence in the United States, D.C. or Puerto Rico to Rome, Italy, double occupancy standard hotel accommodations in Rome, Italy for five (5) nights, and a per diem for meals and other expenses. Travel must be booked by May 31, 2014. Approximate Retail Value (“ARV”): $10,680 per Grand Prize.
- TOTAL ARV OF ALL PRIZES IN THIS SWEEPSTAKES: $66,050.00 USD
Travel/Trip Prize Restrictions/Conditions: The actual value of any Grand Prize may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Each Grand Prize trip must be taken on the dates agreed by the Promotion Sponsor and the Grand Prize Winner or the Grand Prize will be forfeited and the Promotion Sponsor will have no further obligation to the Grand Prize Winner. The Promotion Sponsor reserves the right to change trip dates. A Grand Prize Winner and guest must travel together on the same itinerary. A Grand Prize Winner and guest are responsible for obtaining all necessary travel documents, including, if applicable, passports and visas, prior to travel. A Grand Prize Winner’s guest must be at least 18 years of age and sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor or Administrator), which must be returned along with valid proof of age prior to issuance of travel documents. If a Grand Prize Winner’s guest is 18 years of age but not the legal age of majority in his/her jurisdiction of residence (in the case of Alabama, this means less than 19 years of age, in the case of Mississippi, this means less than 21 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Puerto Rico, this means less than 21 years of age), they must have a parent or guardian’s permission to participate and provide personal information. Travel arrangements must be made through the Promotion Sponsor’s agent on a carrier and airport of the Promotion Sponsor’s choice. Travel is subject to availability. Certain travel restrictions may apply. All federal, state and local taxes and all other costs and expenses associated with Grand Prize acceptance and use not specified herein as being provided, including air travel cancellation fees, souvenirs and gratuities are the sole responsibility of the Grand Prize Winners. In the event the Promotion Sponsor is unable to provide any Grand Prize element for any reason, no compensation or substitution will be provided in lieu thereof; however, the remainder of Grand Prize package will be awarded and the Promotion Sponsor will have no further obligation to the relevant Grand Prize Winner. Travel changes will not be accepted after reservations have been booked. Promotion Entities are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The Promotion Entities will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any Grand Prize (including any travel or activity related thereto).
General Prize Conditions: : Prizes are awarded “as is” with no warranty or guarantee, either express or implied. No purchase of any kind is necessary in order to enter the Sweepstakes or win any prize, and chances of winning are not enhanced by making any purchases. Any federal, state and local taxes on any prize and all costs and expenses associated with prize acceptance and use not expressly specified herein as being provided are the sole responsibility of the respective winner. Each prize is non-transferable and may not be redeemed for cash by the winner. The difference between any stated value and the actual value of a prize will not be awarded to the winner. No prize substitutions shall be permitted except at the Promotion Sponsor’s sole discretion. The Promotion Sponsor reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. All prize details are at the Promotion Sponsor’s sole discretion. If a prize is rejected or returned by a winner, the prize may be awarded to an alternate winner selected at random from the remaining Entries.
INSTANT WINNERS AND GRAND PRIZE WINNERS REQUIREMENTS: Instant Winners will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor), which must be returned along with valid proof of age on November 28th or 29th, 2013. Grand Prize Winners will be required to sign and return an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Promotion Sponsor), which must be returned along with valid proof of age within three (3) days of winning notification or an alternate Grand Prize Winner for that Grand Prize may be selected from the remaining Instant Winners. If an Instant Winner and/or Grand Prize Winner is an eligible minor (in the case of Alabama, this means less than 19 years of age, in the case of Mississippi, this means less than 21 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Puerto Rico, this means less than 21 years of age), the Instant Win Prize and/or Grand Prize will be awarded to or in the name of, a parent/legal guardian who must execute all documents and agree to all obligations and undertakings of the Instant Winner and/or Grand Prize Winner, both on behalf of herself and the Instant Winner and/or Grand Prize Winner or the Instant Win Prize and/or Grand Prize will be forfeited and awarded to an alternate winner from the remaining eligible Entries.
LIMITATIONS OF LIABILITY; INDEMNIFICATION AND RELEASE: The Promotion Sponsor is not responsible for the failure of any mall or shopping center to open for business during the Promotion Period. Promotion Sponsor is not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, or illegible Entries; or for errors or difficulties of any kind whether human, mechanical, typographical, printing, seeding or otherwise relating to or in connection with the Entries, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes or the distribution of Entries at any participating store. Promotion Sponsor is not responsible for any: (a) telephone, computer system, hardware, software, network or other technical failure, malfunction or error; (b) communication disruption or delays, including those related to or caused by Internet traffic, virus, bug, non-authorized intervention or human error; or (c) damage caused by computer virus or bug, resulting in damage to any computer or cell phone from an entrant’s access of the Sweepstakes website. Each winner acknowledges that the Promotion Sponsor has made or is in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose.
By participating in the Sweepstakes, each entrant agrees to indemnify and hold harmless all Sweepstakes Entities (defined as the Promotion Sponsor, along with its parent entities and subsidiaries, affiliates, successors, assigns, directors, officers, employees, attorneys and agents) from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating to participation in the Sweepstakes, or acceptance, possession, use, misuse or nonuse of any prize that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages. By accepting a prize, each winner further releases all of the Sweepstakes Entities from any and all claims, liability, loss or damage arising out of or in connection with the awarding, receipt, possession and/or use or misuse of any prize or participation in any prize-related activity.
RIGHT TO CANCEL OR SUSPEND SWEEPSTAKES; DISQUALIFICATION: The Promotion Sponsor reserves the right, in its sole discretion, to cancel or suspend this Sweepstakes in whole or in part, without advance notice (in the case of Puerto Rico, the Secretary of the Department of Consumer Affairs (“DACO”) will be notified in advance and cancellation or suspension is subject to DACO’s authorization) should virus, bugs, technical malfunctions or other causes beyond the Promotion Sponsor’s control corrupt the administration, security or proper play of the Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, or whom the Promotion Sponsor believe to be causing malfunction, error, disruption or damage, or who is not in compliance with these Official Rules will be disqualified and any associated prize claim will be void.
RIGHT TO USE NAME, PHOTO AND LIKENESS: By accepting a prize, each winner (and, if an eligible minor, his/her parent or legal guardian) consents to the use of his/her name, city and state of residence, photo and/or likeness in any and all media, now or hereafter devised, worldwide, in perpetuity, by the Promotion Sponsor for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
RULES/GRAND PRIZE WINNERS’ LIST: For a copy of the Winners’ list or Official Rules and Regulations, send a self addressed, stamped envelope for receipt by to:
PacSun Black Friday
Brandy Melville Instant Win Every Hour
and Grand Prize Sweepstakes
c/o Pacific Sunwear of California, Inc.
Pacific Sunwear of California, Inc.
Rules Requests/Winners List
3450 East Miraloma Avenue
Anaheim, CA 92806
The winners list will be available after December 29, 2013.
GOVERNING LAW, DISPUTE RESOLUTION: The Sweepstakes will be governed by California law. Any and all disputes regarding the Sweepstakes or these Official Rules will be settled by final and binding arbitration in Anaheim, California, pursuant to the rules and procedures of the American Arbitration Association (in the case of Puerto Rico, any and all disputes can be filed before DACO).
GENERAL: : Each person who participates in the Sweepstakes fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Promotion Sponsor, which shall be final and binding in all respects.
SPONSOR: The Sponsor of the Sweepstakes is Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806. www.pacsun.com/brandymelville