PACSUN’S GIFT ME SWEEPSTAKES
Official Rules and Regulations
The following rules and regulations (the “Official Rules”) govern the PacSun’s Gift Me Sweepstakes (the “Sweepstakes”):
NO PURCHASE NECESSARY. VOID WHERE PROHIBITED BY LAW.
HOW TO ENTER: On or about November 15, 2014, you may enter the Sweepstakes by: (i) going to www.pacsun.com and sharing a product image by selecting the Facebook share button, Twitter share button, or email share button (note: mobile 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), and (ii) tagging @pacsun and including the pre-populated hashtag #giftmesweeps (“Entry” or “Entries”). ALL ENTRIES MUST BE MADE IN ACCORDANCE WITH THESE OFFICIAL RULES. ENTRIES RECEIVED BY 11:59 PM (PST) EACH REVELANT DAY DURING THE PROMOTION PERIOD WILL BE INCLUDED IN THE DAILY DRAWING. SUCH DAILY DRAWING WILL BE CONDUCTED ON THE DAY AFTER ENTRY. ENTRIES RECEIVED BY 11:59 PM (PST) ON EACH RELEVANT FRIDAY OF EACH RELEVANT WEEK DURING THE PROMOTION PERIOD WILL BE INCLUDED IN THE WEEKLY DRAWING. SUCH WEEKLY DRAWING WILL BE CONDUCTED ON THE RELEVANT MONDAY AFTER ENTRY. ALL ENTRIES RECEIVED DURING THE ENTIRE PROMOTION PERIOD WILL BE INCLUDED IN THE FINAL GRAND PRIZE DRAWING.
PROMOTION PERIOD; DEADLINE FOR SUBMISSION OF ENTRIES: The Sweepstakes runs on or about November 15, 2014, through December 31, 2014 (the "Promotion Period"). Each daily drawing will be held each relevant day from all Entries received the day before by 11:59 PM (PST) during the Promotion Period. The first daily drawing will be held on or about November 16, 2014, from all Entries received by 11:59 PM (PST) on November 15, 2014. The last daily drawing will be held on or about January 2, 2015, from all Entries received by 11:59 PM (PST) on December 31, 2014. Each weekly drawing will be held each relevant Monday from all Entries received during the week before by 11:59 PM (PST) on each relevant Friday during the Promotion Period. The first weekly drawing will be held on November 24, 2014, from all Entries received November 15, 2014 through 11:59 PM (PST) on November 21, 2014. The last weekly drawing will be held on or about January 5, 2015, from all Entries received December 27, 2014, through 11:59 PM (PST) on December 31, 2014. ALL ENTRIES MUST BE RECEIVED BY 11:59 PM (PST) ON DECEMBER 31, 2014 TO BE INCLUDED IN THE FINAL DRAWING.
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 November 15, 2014, are at least 13 years of age. 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 limit on Entries. 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, Twitter or Facebook. The Twitter trademarks displayed in these Official Rules are property of Twitter, Inc. The Facebook trademarks displayed in these Official Rules are property of Facebook, Inc.
DRAWING: One (1) daily winner (each a “Daily Winner”) will be selected by a random drawing conducted by the Sponsor or its agent from all eligible Entries received the day before by 11:59 PM (PST) beginning November 16, 2014, and each day thereafter during the Promotion Period. A total of forty-seven (47) Daily Winners will be selected. One (1) weekly winner (each a “Weekly Winner”) will be selected by a random drawing conducted by the Sponsor or its agent from all eligible Entries received within the week before by 11:59 PM (PST) of each Friday beginning November 24, 2014, and each week thereafter during the Promotion Period. A total of seven (7) Weekly Winners will be selected. Two (2) grand prize winners (each a “Grand Prize Winner”) will be selected from all eligible Entries received during the entire Promotion Period. Eligible Entries are properly submitted Entries received during the Promotion Period and that otherwise meet the requirements described in these Official Rules. The Grand Prize Winner drawing will be held on or about January 7, 2015. All drawings will be final and binding on all matters related to the Sweepstakes. The winners do not need to be present at the drawing and PacSun will message them directly on the media in which they entered (Facebook, Twitter, or email) of their Entry being drawn within three (3) days of the drawing. Upon notification, the winners must claim each of their prizes by e-mail or by the telephone number provided. If the winners do not respond within three (3) days of notification, an alternate winner for such prize may be selected at random from among remaining eligible Entries. Each prize will be available no later than April 30, 2015.
PRIZES: Forty-seven (47) daily prizes, seven (7) weekly prizes, and two (2) grand prizes will be awarded. The odds of winning a daily prize depend on the number of eligible Entries received during each day during the Promotion Period. The odds of winning a weekly prize depend on the number of eligible Entries received within each week during the Promotion Period. The odds of winning the grand prize depend on the number of eligible Entries received during the entire Promotion Period. No purchase of any kind is necessary in order to enter the Sweepstakes or win any prize, and chances of winning are not enhanced by making any purchases. The prizes are as follows:
- Exactly forty-seven (47) daily prizes (each a “Daily Prize”) are as follows: One (1) $100 PacSun e-gift card valid in PacSun stores or online at www.pacsun.com in the U.S. and Puerto Rico only. Each Daily Prize has an Approximate Retail Value (“ARV”) of $100.00.
- Exactly seven (7) weekly prizes (each a “Weekly Prize”) are as follows: (i) six (6) Weekly Prizes for each week in the period of November 15, 2014, to December 26, 2014, consisting of the following: one (1) product prize pack (sizing and color based upon availability) at PacSun’s sole discretion with an ARV of $500.00; and (ii) one (1) Weekly Prize for the period of December 27, 2014 to December 31, 2014, consisting of the following: one (1) product prize pack (sizing and color based upon availability) at PacSun’s sole discretion with an ARV of $1,000.00.
- Exactly two (2) grand prizes (each a “Grand Prize”) are as follows: One (1) trip for two (2) people to travel to either Mammoth, California for the snow or Santa Barbara, California for the beach selected at PacSun’s sole discretion. The trip will include round trip coach air from the airport closest to the Grand Prize Winner’s legal residence in the United States, D.C. or Puerto Rico, double occupancy standard hotel accommodations for three (3) nights, and a per diem for meals and other expenses. The trip has an ARV of 6,000.00 per Grand Prize.
Travel/Trip Prize Restrictions/Conditions: If a Grand Prize Winner resides within a 100-mile radius of the Grand Prize travel 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 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 agreed by the Promotion Sponsor and the Grand Prize Winner or the prize will be forfeited and the Promotion Sponsor will have no further obligation to the Grand Prize Winner. The Promotion Sponsor reserves the right to change trip dates. A Grand Prize Winner and guest must travel together on the same itinerary. A Grand Prize Winner and guest are responsible for obtaining all necessary travel documents, including, if applicable, passports and visas, prior to travel. A Grand Prize Winner’s guest must be at least 18 years of age and 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 or Administrator), which must be returned along with valid proof of age prior to issuance of travel documents. 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. Travel arrangements must be made through the Promotion Sponsor’s agent on a carrier and airport of the Promotion Sponsor’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 prize acceptance and use not specified herein as being provided, including air travel cancellation fees, souvenirs and gratuities are the sole responsibility of the Grand Prize Winners. In the event the Promotion Sponsor is unable to provide any prize element for any reason, no compensation or substitution will be provided in lieu thereof; however, the remainder of prize package will be awarded and the Promotion Sponsor will have no further obligation to the relevant Grand Prize Winner. Travel changes will not be accepted after reservations have been booked. Promotion Entities are not responsible if the Grand Prize, or any part thereof, cannot be awarded due to travel cancellations, delays or interruptions due to any acts of God, action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control, and shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The Promotion Entities will be held harmless for any liability, loss, injury or damage, including, without limitation, personal injury, death or damage to personal or real property, to entrant or any other person or entity due in whole or in part, directly or indirectly, by reason of the acceptance, possession, use or misuse of any prize (including any travel or activity related thereto).
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. The prizes are 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 Entries.
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 three (3) 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.
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 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 Entries 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 PacSun 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 (in the case of Puerto Rico, the Secretary of the Department of Consumer Affairs (“DACO”) 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 GIFT ME SWEEPSTAKES
Rules Requests/Winners' List
Pacific Sunwear of California, Inc.
3450 East Miraloma Avenue
Anaheim, CA 92806
The winners’ list will be available after January 31, 2015, 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 (in the case of Puerto Rico, any and all disputes can be filed before DACO).
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/giftmesweeps