PacSun's Twitpic Contest
Official Rules and Regulations
The following rules and regulations (the "Official Rules") govern the PacSun's Twitpic Contest (the "Contest"):
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER: Beginning at 12:01 a.m. (PST) on August 20, 2012, to enter Contest, (i) follow @PacSun on Twitter, (ii) take a picture of what puts you in a Golden State of Mind and post it to Twitter (the "Picture", the Picture can be your favorite place to eat or hangout, your favorite song or album or even your favorite clothing item or art piece); and (iii) hash tag the Picture with #gsomcollege and tag @PacSun (the "Entry" or "Entries"). ENTRIES MUST BE RECEIVED BY 11:59 P.M. (PST) ON AUGUST 31, 2012, TO BE ACCEPTED FOR THE FIRST CONTEST PERIOD AND BY 11:59 P.M. (PST) ON SEPTEMBER 30, 2012, TO BE ACCEPTED FOR THE SECOND AND FINAL CONTEST PERIOD. ENTER AS MANY TIMES AS YOU WISH FOR THIS CONTEST.
CONTEST PERIOD: The first Contest period begins on Monday, August 20, 2012, and ends on Friday, August 31, 2012, at 11:59 p.m. (PST) (the "First Contest Period"). The second Contest period begins on Saturday, September 1, 2012, and ends on Sunday, September 30, 2012, at 11:59 p.m. (PST) (the "Second Contest Period" together with the First Contest Period, the "Contest Periods").
ELIGIBILITY: The Contest is open and offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico who, as of August 20, 2012, are at least 13 years of age and are registered users on Twitter (the "Entrant" or "Entrants"). 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. No mechanically reproduced Entries will be accepted. The Contest is subject to all applicable laws and regulations and is in no way sponsored, endorsed or administered by, or associated with, Twitter. 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.
Entrants agree that by entering into this Contest, he/she is granting Sponsor the non-exclusive, worldwide irrevocable right and license, but not the obligation, to exhibit, copy, reproduce, edit, and distribute, the Entry and/or any portions thereof, in any manner, an unlimited number of times, in any and all forms of production or media, now known or hereafter devised for any purpose, throughout the world. Sponsor may use the Entry to advertise, promote and publicize the Contest or Sponsor's websites in all media throughout the universe and may authorize others to do so. The Entrant acknowledges that Sponsor may use the Entry in accordance with the permission granted herein without any payment to the Entrant or any third party.
Entrants agree that Entries shall not contain, include or involve any of the following:
Crude, vulgar or offensive pictures, depictions, images, language and/or symbols
Gang signs or symbols
Illegal drug use (including marijuana use), drug paraphernalia use or alcohol use
Unauthorized trademarks and copyrighted material
License plates, phone numbers, personal addresses or personal identifications of any kind - physical or email or otherwise
Derogatory characterizations of any ethnic, racial, sexual or religious groups, humiliate other people (publicly or otherwise), any assault or threatening of others
Any other content, display, materials and/or images that is or could be considered inappropriate, unsuitable or offensive, as determined by Sponsors in their sole discretion
PRIZE WINNERS: The Sponsor or its agent will select one (1) grand prize winner from all eligible Entries received within each Contest Period (the "Grand Prize Winner" or "Grand Prize Winners") for a total of two (2) Grand Prize Winners on or about September 3, 2012. The Grand Prize Winners will be posted on Twitter on or about September 4, 2012. All selections will be final and binding on all matters related to the Contest. Eligible Entries are properly submitted Entries received during the Contest Periods and that otherwise meet the requirements described in these Official Rules. The Grand Prize Winners will be notified by email or phone. Upon notification, the Grand Prize Winners must claim their prize by e-mail or by the telephone number provided. If the Grand Prize Winner does not respond within three (3) days of notification, Sponsor may select an alternate Grand Prize Winner from the remaining eligible Entries. All prizes will be available no later than October 30, 2012.
PRIZES: A total of two (2) grand prizes will be awarded. The odds of winning a grand prize depend on the number of eligible Entries received during the Contest Periods. Entries will not carry over to the next Contest Period. No purchase of any kind is necessary in order to enter the Contest or win a grand prize, and chances of winning are not enhanced by making any purchases. The grand prize is as follows:
- Exactly two (2) grand prizes (each a "Grand Prize"): One (1) $500 PacSun gift certificate valid in-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 $500.00
TOTAL ARV OF ALL PRIZES IN THIS CONTEST: $1000.00
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 Grand 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 the Grand Prize 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 Grand Prize Winner during the Contest Periods, the prize may be awarded to an alternate Grand Prize Winner selected at random from the remaining Entries.
PRIZE WINNER REQUIREMENTS: Grand Prize Winners will 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 three (3) days following the winning notification or the prize may be forfeited. If the Grand Prize 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 Grand Prize Winner, both on behalf of himself/herself and the Grand Prize Winner, or the prize may be forfeited. If the Grand Prize 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. Grand Prize 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 Grand Prize Winner will result in disqualification and prize will be forfeited.
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 Contest Periods. Contest 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the distribution of Entries through emails, the processing of prize claims, the announcement of the prizes or in any Contest-related materials. Each Grand Prize 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 Contest, Entrants (and Grand Prize Winners) (and, if eligible minors, their parents and legal guardians) hereby defend, indemnify, release and hold harmless the Sponsor and Twitter 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, "Contest 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 Contest, 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 CONTEST; DISQUALIFICATION: The Sponsor reserves the right, in its sole discretion, to cancel or suspend the Contest 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 Contest. The Sponsor also reserves the right, in its sole discretion, to change the Official Rules at any time during the Contest Periods. Persons found tampering with or abusing any aspect of the Contest, 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 Grand Prize 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 Contest Entities for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
RULES/PRIZE WINNERS' LIST: For a copy of the prize winners' list or Official Rules, send a self addressed, stamped envelope for receipt by to:
PacSun's Twitpic Contest
Rules Requests/Prize Winners' List
Pacific Sunwear of California, Inc.
3450 East Miraloma Avenue
Anaheim, CA 92806
The prize winners' list will be available after October 12, 2012.
GOVERNING LAW, DISPUTE RESOLUTION: The Contest will be governed by California law. Any and all disputes regarding the Contest 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 Contest 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.