PACSUN BLACK FRIDAY KANYE WEST’S YEEZUS TOUR
GIVEAWAY AND SWEEPSTAKES
Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the PacSun Black Friday Kanye West’s Yeezus Tour Giveaway (the “Giveaway”) and Sweepstakes (the “Sweepstakes”):
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER: To enter, visit a participating PacSun store on either November 28, 2013 or November 29, 2013. Date depends on when your local participating PacSun store opens for Black Friday. The first 50 people in line at each participating PacSun store on either November 28, 2013 or November 29, 2013, as the case may be, will need to provide their email address by signing a roster (“Sweepstakes Entry”) and will receive a ticket that entitles them to enter the store when the store opens or during normal store hours, if fewer than 50 people are in line when the store opens, and receive a peel-off postcard for a chance to win a VIP experience for two (2) to Kanye West’s Yeezus Tour on December 13, 2013(“Giveaway Entry”).
PROMOTION PERIOD: The Giveaway and Sweepstakes at each participating PacSun store begins when the store opens on either Thursday, November 28, 2013 or Friday, November 29, 2013, as the case may be and ends when all fifty (50) peel-off postcards at that store have been revealed or when the store closes on November 29, 2013, whichever occurs first (the “Promotion Period”).
ELIGIBILITY: The Giveaway and Sweepstakes are open and offered only to legal residents of the 50 United States, the District of Columbia and Puerto Rico who, as of November 28, 2013, are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (“PacSun” or the “Promotion Entity”), its advertising and promotion agencies, each prize provider, 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. The Giveaway and Sweepstakes are subject to all applicable laws and regulations. An eligible minor must have his/her parent’s or legal guardian’s permission to participate.
GRAND PRIZE WINNER DETERMINATION: One (1) grand prize winner will be identified from five (5) peel-off postcards for a total of five (5) grand prize winners (each a “Grand Prize Winner”). The grand prizes will be randomly distributed by PacSun store employees to the participating PacSun stores. Each Grand Prize Winner is subject to verification of eligibility and compliance with the terms of these Official Rules. The Grand Prize Winner must redeem the grand prize by following the instructions for redemption listed on the peel-off postcard. One hundred (100) second place winners (the “Second Place Winners”) and one hundred-fifty (150) third place winners (the “Third Place Winners”) will be selected by a random drawing conducted by the Promotion Entity or its agent from all eligible Sweepstakes 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 6, 2013. Such drawing will be final and binding on all matters related to the Sweepstakes. The Second Place Winners and Third Place Winners do not need to be present at the drawing and will be notified by e-mail of their Sweepstakes Entry being drawn within five (5) days of the drawing. Upon notification, the Second Place Winner or Third Place Winner must claim his or her prize by e-mail provided. If the Second Place Winner or Third Place Winner does not respond within three (3) days of notification, an alternate winner for such prize may be selected at random from among remaining eligible Sweepstakes Entries. The prize will be available no later than two (2) months after Second Place Winner or Third Place Winner response.
PRIZES: A total of five (5) grand prizes (each a “Grand Prize”), one hundred (100) second place prizes (each a “Second Place Prize”), and one hundred-fifty (150) third place prizes (each a “Third Place Prize”), will be awarded. The approximate odds of winning a Grand Prize if you are one of the first 50 in line at a participating PacSun store is 1in 5,020. The odds of winning a Second Place Prize or Third Place Prize depend on the number of eligible Entries received during the Promotion Period. The following prizes will be awarded:
- • Grand Prize: Five (5) trips for two (2) people to travel to Orange County, California on December 12, 2013 for three (3) nights and receive a VIP experience for two (2) to Kanye West’s Yeezus Tour on December 13, 2013 (the “Event”). The trip will include round trip coach air transportation to and from the airport closest to the Grand Prize Winner’s legal residence in the United States, the District of Columbia, or Puerto Rico, double occupancy standard hotel accommodations in Orange County, California for three (3) nights, a per diem for meals and other expenses, and VIP access to the Event. Approximate Retail Value (“ARV’): $3,000.00 per Grand Prize. Event date and time subject to change.
- Second Place Prize: One hundred (100) $100 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 ARV of $100.00.
- Third Place Prize: One hundred-fifty (150) $25.00 PacSun gift card valid in PacSun stores and online at www.pacsun.com in the U.S. and Puerto Rico only and a Yeezus tour t-shirt (size and color based on availability). Each Third Place Prize has an ARV of $65.00.
- TOTAL ARV OF ALL PRIZES IN THIS GIVEAWAY AND SWEEPSTAKES: $34,750 USD
Travel/Trip Prize Restrictions/Conditions: Each Grand Prize Winner (and, if an eligible minor, his/her parent or legal guardian) agrees to release and hold harmless the Giveaway and Sweepstakes Entities (as defined below) for any injury or harm resulting, in whole or in part, directly or indirectly, from participation any Grand Prize activity, including, but not limited to, the Event. If a Grand Prize Winner resides within a 100-mile radius of a trip destination, ground transportation will be provided in lieu of air transportation and no compensation or substitution will be provided in lieu thereof. The actual value of any trip Grand Prize may vary based on point of departure. Any difference between stated value and actual value will not be awarded. Each trip must be taken on the dates specified by the Promotion Entity or the Grand Prize will be forfeited and the Promotion Entity will have no further obligation to the Grand Prize Winner. The Promotion Entity reserves the right to change trip dates. Grand Prize Winner and guest must travel together on the same itinerary. Grand Prize Winner and guest are responsible for obtaining all necessary travel documents, including, if applicable, passports and visas, prior to travel. If a Grand Prize Winner’s guest is 18 years of age but not the legal age of majority in his/her jurisdiction of residence (in the case of Alabama, this means less than 19 years of age, in the case of Mississippi, this means less than 21 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Puerto Rico, this means less than 21 years of age), they must have a parent or guardian’s permission to participate and provide personal information. If the guest is the child or legal ward of the Grand Prize Winner, Grand Prize Winner must sign and return a release on behalf of such child or legal ward, as well as provide evidence of the relationship. Travel arrangements must be made through the Promotion Entity’s agent on a carrier of the Promotion Entity’s choice. Travel is subject to availability. Certain travel restrictions may apply. All federal, state and local taxes and all other costs and expenses associated with Grand Prize acceptance and use not specified herein as being provided, including ground transportation, meals, souvenirs, and gratuities are the sole responsibility of the Grand Prize Winners. Tickets, passes and admittance to Grand Prize activities, including tours, are subject to certain terms and conditions as specified by issuers and/or providers. Seat locations, if any, will be determined by the Promotion Entity. Grand Prize Winner and guest must comply with all venue rules and regulations. Failure to do so may result in forfeiture of such portion of Grand Prize. In the event the Promotion Entity is unable to provide any Grand Prize element for any reason, including without limitation, the cancellation of the Event for any reason, no compensation or substitution will be provided in lieu thereof; however, the remainder of Grand Prize package, if any, will be awarded and the Promotion Entity will have no further obligation to the Grand Prize Winner.
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. 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 Entity’s sole discretion. The Promotion Entity 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 Entity’s sole discretion. If a prize is rejected or returned by a Winner during the Promotion Period, the prize will be awarded to the next person in line and/or to the next person to enter the store.
PRIZE WINNER REQUIREMENTS Grand Prize Winners will be required to complete and return a Contact Form by November 29, 2013. Grand Prize Winners, Second Place Winners, and Third Place Winners (“Winner” or “Winners”) will also 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 Entity and/or prize provider), which must be returned along with valid proof of age within three (3) days of receiving such document from the Promotion Entity, or the prize may be forfeited. If the Winner of any prize is an eligible minor (in the case of Alabama, this means less than 19 years of age, in the case of Mississippi, this means less than 21 years of age, in the case of Nebraska, this means less than 19 years of age or upon marriage, and in the case of Puerto Rico, this means less than 21 years of age), the prize will 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 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 Winner will result in disqualification and prize will be forfeited.
LIMITATIONS OF LIABILITY; INDEMNIFICATION AND RELEASE: Any peel-off postcard is void if not obtained from authorized and legitimate channels, or if the peel-off postcard 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 Promotion Entity is not responsible for the failure of any mall or shopping center to open for business during the Promotion Period. Giveaway and Sweepstakes Entities (as defined below) are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, illegible or postage-due prize claims; or for errors or difficulties of any kind whether human, mechanical, typographical, printing, seeding or otherwise relating to or in connection with the Giveaway or Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Giveaway or Sweepstakes, the distribution of the peel-off postcards at any participating PacSun store, the processing of prize claims, the announcement of the prizes or in any Giveaway or Sweepstakes-related materials. Each Winner acknowledges that the Promotion Entity 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 Giveaway or Sweepstakes, participants (and Winners) (and, if eligible minors, their parents and legal guardians) hereby defend, indemnify, release and hold harmless the Promotion Entity 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, “Giveaway and 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 Giveaway and 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 GIVEAWAY; DISQUALIFICATION: The Promotion Entity reserves the right, in its sole discretion, to cancel or suspend the Giveaway and 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 Giveaway and Sweepstakes. Persons found tampering with or abusing any aspect of the Giveaway and Sweepstakes, or whom the Promotion Entity 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 Giveaway and Sweepstakes Entities for advertising and promotional purposes without additional compensation, notification or permission, except where prohibited.
RULES/GRAND PRIZE WINNERS’ LIST: For a copy of the Winners’ list or Official Rules and Regulations, send a self addressed, stamped envelope for receipt by to:
PACSUN BLACK FRIDAY KANYE WEST’S YEEZUS TOUR
GIVEAWAY AND SWEEPSTAKES
Rules Requests/Grand Prize Winners’ List
Pacific Sunwear of California, Inc.
3450 East Miraloma Avenue
Anaheim, CA 92806
The Winners’ list will be available after January 29, 2014.
GOVERNING LAW, DISPUTE RESOLUTION: The Giveaway will be governed by California law. Any and all disputes regarding the Giveaway 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 Giveaway fully and unconditionally agrees to comply with and abide by these Official Rules and the decisions of the Promotion Entity, which shall be final and binding in all respects.
SPONSOR: The Sponsor of the Giveaway and Sweepstakes is Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806. www.pacsun.com/blackfridaysweeps