PacSun's City Fog Sweepstakes
Official Rules and Regulations
The following rules and regulations (the "Official Rules") govern the PacSun's City Fog Sweepstakes (the "Sweepstakes"):
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA WHO ARE 13 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
HOW TO ENTER: Beginning at 12:01 am (PST) on April 10, 2013, you may enter the Sweepstakes via the Internet by following the directions (providing your name, address, date of birth, phone number, and email address) ("Entry" or "Entries") given in the Sweepstakes entry section at www.pacsun.com/cityfogsweeps (the "Entry Site"). ALL ENTRIES MUST BE RECEIVED BY 11:59 PM (PST) ON APRIL 23, 2013, TO BE INCLUDED IN THE DRAWING. ONLY ONE (1) ENTRY PER PERSON AND/OR PER E-MAIL ADDRESS WILL BE ACCEPTED FOR THIS SWEEPSTAKES.
PROMOTION PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The Sweepstakes runs from April 10, 2013, through April 23, 2013 (the "Promotion Period"). Entries must be received by 11:59 p.m. Pacific Time on April 23, 2013, to be included in the drawing.
ELIGIBILITY; PERSONAL INFORMATION: Open and offered only to legal residents of the 50 United States and D.C. who, as of April 10, 2013, are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. ("PacSun" or the "Promotion Sponsor"), City Fog Surf Co. ("City Fog"), 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, per e-mail address, 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.
DRAWING: One (1) grand prize winner will be selected by random drawing conducted by Promotion Sponsor or its agent from all eligible Entries. Eligible Entries are fully completed Entries received during the Promotion Period and that otherwise meet the requirements described in these Official Rules. The drawing will be held on or about April 24, 2013. Such drawing will be final and binding on all matters related to the Sweepstakes. The grand prize winner does not need to be present at the drawing and will be notified by e-mail or phone by May 1, 2013, of their name being drawn. Upon notification, the grand prize winner must claim his or her prize by e-mail or by the telephone number provided. If a given winner does not respond within five (5) days of notification, an alternate winner for such prize may be selected at random from among remaining Entries. The prize will be available no later than July 31, 2013.
PRIZE: A total of one (1) grand prize will be awarded. The odds of winning the grand prize depend on the number of Entries received. The grand prize is as follows:
- Grand prize winner: one (1) "The Jet Pack" custom made surfboard by City Fog. Approximate Retail Value ("ARV"): $1,000.00 per surfboard.
Any tax on any prize and all expenses not expressly specified herein are the sole responsibility of the respective prize winner.
There is a limit of one (1) prize per household or family. Each prize is non-transferable and may not be redeemed for cash by 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 of equal or greater value should any featured prize become unavailable.
WINNER REQUIREMENTS: The grand prize winner 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 or City Fog), which must be returned along with valid proof of age within five (5) days or notification of being a winner or an alternate winner for that prize may be chosen. If a winner is under the legal age of majority in their state (in the case of Alabama, this means less than 19 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Mississippi, this means less than 21 years of age), the prize may 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 winner, both on behalf of himself/herself and the winner, or the prize may be forfeited and awarded to an alternate winner.
LIMITATIONS OF LIABILITY; RELEASE AND INDEMNIFICATION: The Promotion Sponsor and City Fog are 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 or the Entry Site. The Promotion Sponsor and City Fog are further not responsible for printing or typographical errors in any Sweepstakes-related materials; for stolen, lost, late, misdirected, damaged, incomplete, illegible entries; or for transactions that are lost, misdirected, or fail to enter into the processing system, or that are processed, reported or transmitted late or incorrectly, or that are lost for any reason, including, without limitation, computer, telephone, paper transfer, or human error; or for electronic, computer, or telephonic malfunction or error. The grand prize winner acknowledges that the Promotion Sponsor and City Fog have neither made nor are 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, City Fog, and all sponsors and administrators of the Sweepstakes, along with their respective 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 reserve the right, in its sole discretion, to cancel or suspend this Sweepstakes in whole or in part, without advance notice should virus, bugs, technical malfunctions or other causes beyond Promotion Sponsor 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 and City Fog for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
RULES/WINNER'S LIST: For a copy of the winner's list or Official Rules, send a self-addressed, stamped envelope to:
PacSun's City Fog Sweepstakes
c/o Pacific Sunwear of California, Inc.
Rules Requests/Winner List
3450 East Miraloma Avenue
Anaheim, CA 92806
The winner list will be available after May 23, 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 Orange County, California, pursuant to the rules and procedures of the American Arbitration Association.
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 and PacSun, which shall be final and binding in all respects.
SPONSOR: The Sponsor of the Sweepstakes are Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806 www.pacsun.com/cityfogsweeps