Official Rules and Regulations
The following rules and regulations (the "Official Rules") govern the PacSun's Monthly Survey Sweepstakes (the "Sweepstakes"):
HOW TO ENTER: Pacific Sunwear of California, Inc. (“PacSun”) will send an email to specific active email opt-in accounts (the “Email”) during the Promotion Period (as defined below). The Email will contain a link to a specific survey (the “Survey”). Named Email recipients must click on the link and complete the Survey in accordance with the on-screen instructions to enter the Sweepstakes. Survey must be completed and received by First Insight, Inc. (“First Insight”) within 48 hours of delivery (based on the Email date and timestamp). PacSun may send one or more Emails to specific email opt-in accounts during the Promotion Period. PacSun reserves the right not to send any Emails to specific email opt-in accounts. EACH MONTHLY SWEEPSTAKES ENDS AT 11:59 PM (PST) ON THE LAST DAY OF EACH MONTH. IF AN EMAIL IS DELIVERED WITHIN LESS THAN 48 HOURS OF THE LAST DAY OF THE MONTH, THAT SURVEY WILL BE ENTERED INTO THE NEXT MONTHS SWEEPSTAKES. LIMIT ONE (1) SURVEY PER EMAIL DURING EACH PROMOTION PERIOD. SURVEYS MAY ONLY BE COMPLETED BY NAMED EMAIL RECIPIENT. SWEEPSTAKES OFFER IN EACH EMAIL IS AVAILABLE ONLY TO THE NAMED EMAIL RECIPIENT AND IS NOT TRANSFERABLE.
PROMOTION PERIOD: The first Promotion Period begins on December 1, 2012, and ends on December 31, 2012, at 11:59pm (PST) with each subsequent Promotion Period beginning on the first day of each month and ending on the last day of each month at 11:59pm (PST) (the “Promotion Period”). PacSun will continue to offer the Sweepstakes on a monthly basis until PacSun elects to stop in its sole discretion.
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 December 1, 2012, have active email opt-in accounts in PacSun’s database, are at least 13 years of age and received the Email directly from PacSun. Employees, officers and representatives of PacSun, First Insight, Inc. (“First Insight”), 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 Survey per Email, per e-mail address, which is valid for the entire Promotion Period. No mechanically reproduced Surveys 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.
DRAWING: One (1) grand prize winner will be selected monthly by random drawing conducted by the Sponsor or its agent from all eligible Surveys received within the Promotion Period. Eligible Surveys are properly completed Surveys received during the Promotion Period and that otherwise meet the requirements described in these Official Rules. Each monthly drawing will be held within seven (7) days of the last day of the month. Such drawing will be final and binding on all matters related to the Sweepstakes. The winner does not need to be present at the drawing and will be notified by e-mail or phone of their name being drawn within seven (7) days of the drawing. Upon notification, the winner must claim their prize by e-mail or by the telephone number provided. If the winner does not respond within seven (7) days of notification, an alternate winner for such prize may be selected at random from among remaining eligible Surveys. All prizes will be available no later than two (2) months after winner response.
PRIZES: One (1) grand prize will be awarded each month. The odds of winning the grand prize depend on the number of eligible Surveys received during each Promotion Period. Surveys will not carry over to the next Promotion Period unless Email is delivered within less than 48 hours of the last day of the month. 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:
- One (1) $100 PacSun gift card valid at PacSun stores and online at www.pacsun.com in the U.S. and Puerto Rico only. The grand prize has an Approximate Retail Value (“ARV”) of $100.00
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 Surveys.
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.
LIMITATIONS OF LIABILITY; INDEMNIFICATION AND RELEASE:Any Survey is void if not obtained from authorized and legitimate channels, or if the Survey 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 Surveys 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 and the prize suppliers, 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.
RIGHT TO CANCEL OR SUSPEND SWEEPSTAKES; 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.
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.
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 MONTHLY SURVEY SWEEPSTAKES
Rules Requests/Winners' List
Pacific Sunwear of California, Inc.
3450 East Miraloma Avenue
Anaheim, CA 92806
The winners' list will be available after the 15th of each month for thirty (30) days.
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.
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.
SPONSOR: The Sponsor of the Sweepstakes is Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806. www.pacsun.com