PacSun’s Emoji Tee Instagram™ Sweepstakes
Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern PacSun’s Emoji Tee Instagram™ 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 on or about May 5, 2016, you may enter the Sweepstakes by (i) following the official PacSun account (@pacsun) on the free Instagram™ application through your mobile device (Entry may be subject to fees under the terms of the entrant’s mobile device subscription plan; contact your carrier for pricing plans and details), (ii) liking the Sweepstakes photo (the “Picture”) featuring emoji tees posted by PacSun to Instagram™, and (iii) tagging three (3) friends (“Entry” or “Entries”). ALL ENTRIES MUST BE MADE IN ACCORDANCE WITH THESE OFFICIAL RULES AND BE RECEIVED BY 11:30 PM (PST) ON MAY 6, 2016, TO BE INCLUDED IN THE DRAWING.
SWEEPSTAKES PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The Sweepstakes runs May 5, 2016, through 11:30 p.m. (PST) on May 6, 2016 (the "Sweepstakes Period"). Entries must be received by 11:30 p.m. Pacific Time on May 6, 2016, to be included in the selection.
ELIGIBILITY; PERSONAL INFORMATION: Open and offered only to legal residents of the 50 United States, D.C. and Puerto Rico who, as of May 5, 2016, are at least 13 years of age. Employees, officers and representatives of Pacific Sunwear of California, Inc. (“PacSun” or the “Promotion Sponsor”), and 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 Sweepstakes is subject to all applicable laws and regulations and is in no way sponsored, endorsed or administered by, or in association with, Instagram™ or any event organizer. The Instagram™ trademarks displayed in these Official Rules are property of Instagram, Inc.
PRIZE WINNER: One (1) grand prize (the “Grand Prize Winner”) winner will be selected by a random drawing conducted by the Promotion Sponsor or its agent on or about May 9, 2016, from all eligible Entries received within the Sweepstakes Period. The drawing will be final and binding on all matters related to the Sweepstakes. Eligible Entries are fully completed Entries received during the Sweepstakes Period and that otherwise meet the requirements described in these Official Rules. The Grand Prize Winner does not need to be present at the drawing and will be notified by direct message on Instagram™ from PacSun’s official Instagram™ account on or about May 9, 2016, of their name being drawn. Upon notification, the Grand Prize Winner must claim his or her prize by sending an email to firstname.lastname@example.org with contact information. If the Grand Prize Winner does not respond within three (3) days of notification, the Promotion Sponsor may select an alternate winner from the remaining eligible Entries. The Grand Prize Winner’s prize will be available no later than June 9, 2016.
PRIZE: A total of one (1) grand prize will be awarded. The odds of winning the grand prize depend on the number of Entries received during the Sweepstakes Period. The following grand prize will be awarded:
- Exactly one (1) grand prize (the “Grand Prize”) consisting of the following: One (1) set of the four (4) emoji tees featured in the Picture (sizing and color based on availability at PacSun’s sole discretion). The Grand Prize has an Approximate Retail Value (“ARV”) of $104.00.
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. 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: The Grand Prize Winner 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 or an alternate winner for that prize may be chosen. If the Grand Prize Winner is not the legal age of majority in his/her jurisdiction of residence (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 Sweepstakes Website. The Promotion Sponsor further is 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 has neither made nor are 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.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMIND THE LEGITIMATE OPERATION OF SWEEPSTAKES IS A VIOLATION OF CIVIL LAW. SHOULD AN ATTEMPT BE MADE, THE PROMOTION SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. The Promotion Sponsor reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and/or to cancel, terminate, modify or suspend the Sweepstakes or any element thereof and the Promotion Sponsor may select to award the Grand Prize using all eligible, non-suspect entries received as of the date of action requiring such termination. Should any provision of these Official Rules be deemed unenforceable or invalid, the other provisions of these Official Rules shall remain in full force and effect.
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.
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 guest (and, if an eligible minor, his/her parent or legal guardian) consents to the use of their respective names, cities and states of residence, photos and/or likenesses 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/WINNER'S LIST: For a copy of the winner’s list or Official Rules, send a self-addressed, stamped envelope to:
PacSun’s Emoji Tee Instagram™ Sweepstakes
c/o Pacific Sunwear of California, Inc.
Rules Requests/Grand Prize Winner List
3450 East Miraloma Avenue
Anaheim, CA 92806
TThe winners’ list will be available after June 9, 2016.
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 (in the case of Puerto Rico, any and all disputes can be filed before DACO). Except as expressly provided in the Sweepstakes to arbitrate, no claim may be joined with another dispute or lawsuit, or consolidated with the arbitration of another claim, or resolved on behalf of similarly situated persons, or brought as private attorney general or on another similar representative basis. For any claim subject to arbitration, you may not participate in a class action in court or in a class-wide arbitration, either as a plaintiff or claimant, class representative or class member.
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 Sponsors of the Sweepstakes are Pacific Sunwear of California, Inc., 3450 East Miraloma Avenue, Anaheim, California 92806.