Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the PacSun’s Customer Loyalty Sweepstakes (the “Sweepstakes”):
1. HOW TO ENTER: On or about May 15, 2013, an email will be sent to active accounts currently in PacSun’s online database with a link to a customer loyalty survey (the “Survey”). You may enter the Sweepstakes by completing the Survey and submitting it during the Promotion Period (the “Entry” or “Entries”). ONLY ONE (1) ENTRY PER PERSON AND/OR PER E-MAIL ADDRESS WILL BE ACCEPTED FOR THIS SWEEPSTAKES. ALL ENTRIES MUST BE RECEIVED WITHIN FORTY-EIGHT (48) HOURS OF THE DATE THAT THE EMAIL WAS SENT.
2. PROMOTION PERIOD: The Promotion Period begins on or about May 15, 2013, and ends forty-eight (48) hours from that date.
3. ELIGIBILITY: The Sweepstakes is open and offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico who, as of May 15, 2013, have an email opt-in account in PacSun’s online database, and are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (“PacSun” or “Sponsor”), its affiliated companies, 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 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. Any eligible minors (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.
4. DRAWING: Two (2) grand prize winners (one male and one female) will be selected by a random drawing conducted by the Sponsor or its agent from all eligible Entries received within the Promotion Period. Eligible Entries are properly submitted 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 May 24, 2013. Such drawing will be final and binding on all matters related to the Sweepstakes. The winners do not need to be present at the drawing and will be notified by e-mail of their Entry being drawn within five (5) days of the drawing. Upon notification, the winners must claim his or her prize by e-mail or by the telephone number provided. If the winners do not respond within seven (7) days of notification, an alternate winner for such prize may be selected at random from among remaining eligible Entries. All prizes will be available no later than two (2) months after winner response.
5. PRIZES: Two (2) grand prizes will be awarded. The odds of winning the grand prize depend on the number of eligible Entries received during the Promotion Period. No purchase of any kind is necessary in order to enter the Sweepstakes or win the grand prize, and chances of winning are not enhanced by making any purchases. The grand prize is as follows:
- Male Grand Prize Winner: One (1) $250 PacSun gift certificate valid online only at www.pacsun.com in the U.S. and Puerto Rico only. The grand prize has an Approximate Retail Value (“ARV”) of $250.00.
- Female Grand Prize Winner: One (1) $250 PacSun gift certificate valid online only at www.pacsun.com in the U.S. and Puerto Rico only. The grand prize has an ARV of $250.00.
General Prize Conditions: Prizes are awarded “as is” with no warranty or guarantee, either express or implied. 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. 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 the winner. No prize substitutions shall be permitted except at the Sponsor’s sole discretion. The 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 Sponsor’s sole discretion. If a prize is rejected or returned by a winner during the Promotion Period, the prize may be awarded to an alternate winner selected at random from the remaining Entries.
6. WINNER REQUIREMENTS: Potential winner may be required to agree to the terms and conditions of an Affidavit of Eligibility, Liability Release and, where legally permissible, a Publicity Release (together with any other documents that may be requested by the Sponsor and/or prize provider), which must be confirmed with valid proof of age within seven (7) days following the winning notification or the prize may be forfeited. If the winner of any prize is an eligible minor (in the case of Puerto Rico, 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. If the winner of any trip is an eligible minor, the minor must be accompanied on the trip by a parent or legal guardian. Additional qualifications and requirements may apply to certain prizes. Winners and guests of certain trip prizes may be required to sign and execute additional releases and waivers of liability as a condition of receiving the prize. Failure to execute such documents may result in forfeiture of the portion of the prize to which such waiver or release applies. Noncompliance with these Official Rules by any potential winner will result in disqualification and prize will be forfeited.
7. LIMITATIONS OF LIABILITY; INDEMNIFICATION AND RELEASE: Any Entry is void if not obtained from authorized and legitimate channels, or if the Entry is, in whole or in part, incomplete, damaged, irregular, altered, counterfeit, produced in error or obtained via fraud or theft. In no event will more prizes be awarded than stated herein. The Sponsor is not responsible for the failure of any emails not received during the Promotion Period. Sweepstakes Entities (as defined below) are not responsible for errors or difficulties of any kind whether human, mechanical, typographical, printing, seeding or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the distribution of Entries through emails, the processing of prize claims, the announcement of the prizes or in any Sweepstakes-related materials. Each winner acknowledges that the Sponsor has neither made nor 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, participants (and winners) (and, if eligible minors, their parents and legal guardians) hereby defend, indemnify, release and hold harmless the Sponsor along with their respective parent entities and subsidiaries, affiliates, successors, assigns, and advertising and promotion agencies and all of their respective directors, officers, employees, attorneys and agents (collectively, “Sweepstakes Entities”) from and against any and all injuries, losses, damages, claims and actions of any kind arising from or relating, in whole or in part, directly or indirectly, to participation in the Sweepstakes, or acceptance, possession, use, misuse or nonuse of any prize (including, without limitation, any injury or harm resulting from participation in any prize activity) that may be awarded, including, without limitation, actual, direct, indirect, consequential, punitive, special, or other damages.
8. RIGHT TO CANCEL OR SUSPEND CONTEST; DISQUALIFICATION: The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Sweepstakes in whole or in part, without advance notice for any reason, including, but not limited to, should causes corrupt the administration, security or proper play of the Sweepstakes. The Sponsor also reserves the right, in its sole discretion, to change the Official Rules at any time during the Promotion Period. Persons found tampering with or abusing any aspect of the Sweepstakes, or whom the Sponsor believes to be causing 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.
9. 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 Sweepstakes Entities for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
10. RULES/WINNERS' LIST: For a copy of the winners’ list or Official Rules, send a self addressed, stamped envelope for receipt by to:PACSUN’S CUSTOMER LOYALTY SWEEPSTAKES
Rules Requests/Winners' List
Pacific Sunwear of California, Inc.
3450 East Miraloma Avenue
Anaheim, CA 92806
The winners’ list will be available after June 15, 2013 for thirty (30) days.
11. 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.
12. GENERAL: Each person (and, if an eligible minor, his/her parent or legal guardian) who participates in the Sweepstakes fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all respects.
13. SPONSOR: The Sponsor of the Sweepstakes is Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806. www.pacsun.com