PacSun 2013 Holiday Sweepstakes
AND GRAND PRIZE SWEEPSTAKES
Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the PacSun 2013 Holiday 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, THE DISTRICT OF COLUMBIA AND PUERTO RICO 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 November 29, 2013, you may enter (“Entry” or “Entries”) the Sweepstakes by (i) following the directions (providing your name, address, date of birth, phone number, and email address) given in the Sweepstakes entry section at www.pacsun.com/holidaysweeps, or (ii) texting your email address to PacSun at 722786 (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). ALL ENTRIES MUST BE RECEIVED BY 11:59 PM (PST) ON DECEMBER 13, 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 November 29, 2013, through December 13, 2013 (the “Promotion Period”). Entries must be received by 11:59 p.m. Pacific Time on December 13, 2013, to be included in the drawing.
ELIGIBILITY; PERSONAL INFORMATION: Open and offered only to legal residents of the 50 United States, D.C. and Puerto Rico who, as of November 29, 2013, are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (the “Promotion Sponsor” or “PacSun”), 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 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. 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: Five (5) grand prize winners, ten (10) second place winners, and twenty (20) third place winners (collectively, the “Winners”) will be selected by a random drawing conducted by PacSun or its agent from 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 December 16, 2013. All drawings are 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 or phone on or about December 16, 2013, of their name being drawn. Upon notification, the Winners must claim his or her prize by e-mail or by the telephone number provided. If a Winner does not respond within three (3) days of notification, an alternate winner for such prize may be selected at random from among remaining Entries. All prizes will be available no later than January 15, 2014.
PRIZES:Five (5) grand prizes, ten (10) second place prizes, and twenty (20) third place prizes will be awarded. The odds of winning a prize depend on the number of Entries received. The prizes are as follows:
- Exactly five (5) grand prizes (each a “Grand Prize”) consisting of the following: One (1) $1,000 PacSun gift card valid in PacSun stores and online at www.pacsun.com in the U.S. and Puerto Rico only. Each Grand Prize has an Approximate Retail Value (“ARV”) of $1000.00.
- Exactly ten (10) second place prizes (each a “Second Place Prize”) consisting of the following: One (1) $500 PacSun gift card valid in PacSun stores and online at www.pacsun.com in the U.S. and Puerto Rico only. Each Second Place Prize has an Approximate Retail Value (“ARV”) of $500.00.
- Exactly twenty (20) third place prizes (each a “Third Place Prize”) consisting of the following: One (1) $250 PacSun gift card valid in PacSun stores and online at www.pacsun.com in the U.S. and Puerto Rico only. Each Third Place Prize has an Approximate Retail Value (“ARV”) of $250.00
Any tax on any prize and all expenses not expressly specified herein are the sole responsibility of the respective Winner.
General Prize Conditions: The 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. 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.
WINNER REQUIREMENTS: 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 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 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 and awarded to an alternate Winner.
LIMITATIONS OF LIABILITY; RELEASE AND INDEMNIFICATION: The 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 or the entry website. The Promotion Sponsor is 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. Each Winner acknowledges that the Promotion Sponsor have not 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, each entrant agrees to indemnify and hold harmless all Sweepstakes Entities (defined as the Promotion Sponsor, 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, including without limitation, attending and or participating in the event at The Berrics.
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 Winner list or Official Rules, send a self-addressed, stamped envelope to:
PacSun 2013 Holiday Sweepstakes
c/o Pacific Sunwear of California, Inc.
Rules Requests/Winners List
3450 East Miraloma Avenue
Anaheim, CA 92806
The Winner’s list will be available after December 20, 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 (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/holidaysweeps