NO PURCHASE NECESSARY
VOID WHERE PROHIBITED BY LAW
1. GENERAL: What Lifts The Oaks Sweepstakes (the “Sweepstakes”) begins on Monday, February 3, 2020 at 12:01 am (California Local Time – all times set forth in these Official Rules are California Local Time) and ends on Monday, March 2, 2020 at 11:59 pm (the “Sweepstakes Period”).
The Oaks is located at 350 W Hillcrest Dr., Thousand Oaks, CA 91360 (the “Center”).
The sponsor of the Sweepstakes is Macerich Oaks LP, c/o The Oaks, 350 W Hillcrest Dr., Thousand Oaks, CA 91360 (the “Sponsor”).
2. HOW TO ENTER: To enter the Sweepstakes:
(A) follow the Center on Instagram (@shoptheoaks) through March 2, 2020;
(B) take one photo of yourself in front of the new artist mural at The Oaks
(B) post the photos to your Instagram page;
(C) in the caption of the photos, include the hashtag #ShopTheOaks and tagging @ShopTheOaks.
Your posted photos with the required hashtag and tagging @ShopTheOaks shall be your one (1) “Entry” into the Sweepstakes. The Entry must comply with the Entry Requirements set forth below. The Entry must be publicly viewable (not “private”). Entrants must be able to receive direct messages from the Center via Instagram. The Entry must remain publicly posted through March 3, 2020.
Limit one (1) Entry per person per day during the Sweepstakes Period.
If there are multiple Entries by any one person per day, only the first Entry will be considered and subsequent Entries will be disqualified. No substitution, revision or reposting of any Entry will be accepted under any circumstances once the original Entry is submitted for consideration. Failure to follow the instructions, procedures and/or these Official Rules shall render the Entry invalid. All Entries must be actually received during the Sweepstakes Period. Any other attempt at entry is void. Sponsor’s computer is the official clock of the Sweepstakes (“Sponsor” is defined below). If the identity of an entrant is disputed, the authorized Instagram account holder at the time of entry will be deemed to be the entrant. The individual assigned to the e-mail address for the domain associated with the submitting Instagram account is considered the authorized account holder. A selected entrant may be required to provide proof that he/she is the authorized account holder of the Instagram account associated with the selected entry. All entries must be submitted from a valid Instagram account that may be identified by reverse domain name
search. In order to be eligible, your Entry must comply with these Official Rules (as determined by Sponsor in their sole discretion), including, without limitation, the Entry Requirements provided below.
Entry requires a Instagram account. Obtaining an Instagram account is free of charge. Registration for and use of www.instagram.com is subject to Instagram’s terms and conditions, and Sponsor has no responsibility with respect to such registration or use.
By entering the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and all decisions of Sponsor, which shall be final and binding in all respects. Official Rules are available at the management office at the Center.
3. ELIGIBILITY: Only legal residents of the fifty (50) United States and District of Columbia, who are thirteen (13) years of age or older at the time of Entry are eligible to enter (if under 18, with parent/legal guardian consent). Employees, officers, directors (and their immediate family members and members of their same households) and agents and representatives of (i) the Center, (ii) Sponsor, or (iii) The Macerich Company or The Macerich Partnership, L.P. or any of their respective parents, affiliates and subsidiary companies (collectively, “Macerich”) and employees, officers, directors, agents and representatives of (i) the merchants of the Center, (ii) prize suppliers, or (iii) any advertising or promotion agencies that do business with Macerich are not eligible to win.
4. ENTRY REQUIREMENTS: By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and by the interpretation of these Official Rules by Sponsor, and further warrants and represents that his/her Entry:
a. does not violate any law, statute, ordinance or regulation;
b. does not violate Instagram’s Terms and Policies, including Community Standards;
c. does not contain any reference to or likeness of any identifiable third parties, unless consent has been obtained from all such individuals and their parent/legal guardian if they are under the age of majority in their jurisdiction of residence;
d. will not give rise to any claims of infringement, invasion of privacy or publicity, or infringe on any rights and/or interests of any third party, or give rise to any claims for payment whatsoever; and
e. is not defamatory, trade libelous, pornographic, offensive or obscene, and further that it will not contain, depict, include, discuss or involve, without limitation, any of the following:
Explicit, graphic or excessive sexual activity;
Crude, vulgar or offensive language and/or symbols;
Derogatory characterizations of any ethnic, racial, sexual or religious groups;
Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behavior or conduct;
Personal information of individuals, including without limitation, names and addresses (physical or e-mail);
Conduct or other activities in violation of these Official Rules;
Commercial messages, comparisons or solicitations for products or services other than those of Sponsor;
Any identifiable third party products and/or trade-marks, brands or logos, unless the necessary permissions/licenses have been obtained; and
Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by Sponsor in its sole discretion.
By entering the Sweepstakes, each entrant: (i) grants to Sponsor and its affiliates, in perpetuity, a world-wide, non-exclusive, irrevocable, license to publish, display, reproduce, modify, edit or otherwise use his/her Entry, in whole or in part, for advertising or promoting the Sweepstakes or for any other reason; (ii) waives all moral rights in and to his/her Entry in favor of Sponsor and its affiliates; and (iii) agrees to release and hold harmless Instagram, Sponsor, its affiliates, subsidiaries, parent or related companies, its advertising or Sweepstakes agencies, and each of their respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) against any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action. For greater certainty, Sponsor reserves the right, in its sole discretion, to remove Sponsor’s tag (if applicable) from any Entry if it violates these Entry Requirements, if a complaint is received with respect to the Entry, or for any other reason. Further, the Sponsor reserves the right to message an entrant via Instagram and request he/she edit or modify his/her Entry. Entrants and other individuals with questions, comments, concerns, etc. with regards to an Entry are encouraged to directly contact Sponsor’s moderators via Instagram message.
5. SWEEPSTAKES LIMITS: There is a limit of only one (1) Entry per person per day during the Sweepstakes Period. If it is discovered that any person has attempted to use (or attempt to use) multiple names, identities to enter the Sweepstakes, then (in Sponsor’s sole and absolute discretion) he/she may be disqualified from the Sweepstakes and all of his/her Entries are subject to disqualification by Sponsor. Any Entry you attempt to submit will be rejected if (in Sponsor’s sole and absolute discretion) it is not submitted and received during the Sweepstakes Period. Use (or attempted use) of any automated, macro, script, robotic or other system(s) or program(s) to enter or otherwise participate in or disrupt this Sweepstakes is prohibited and is grounds for disqualification by Sponsor. All entries and entrants are subject to verification for compliance with these Official Rules. Sponsor reserves the right, in their sole and absolute discretion, to require proof of identity and/or eligibility (in a form acceptable to Sponsor – including, without limitation, government issued photo identification) to participate in this Sweepstakes and/or proof of compliance (in a form acceptable to Sponsor) with these Official Rules. Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification. Sponsor reserves the right, in its sole and absolute discretion, to disqualify any person tampering with the entry process or, as applicable, the operation of the Center’s and Sponsor’s websites, or who is otherwise in violation of these Official Rules. Such a person will be prosecuted to the fullest extent of the law.
6. PRIZES/ODDS OF WINNING: Odds of winning the prize depend on the number of eligible entries received. One winner will be randomly selected from all eligible entries to receive: (a) $100 gift card to H&M; (b) $100 gift card to AMC Theatres; (c) $100 gift card to American Eagle; (d) $100 gift card to Aerie; and (e) $100 gift card to OR Authentic Thai Cuisine (collectively, the “Prize”). The approximate retail value of the Prize is $500 per person.
There is a limit of one (1) prize per person for all sweepstakes, contests, competitions and promotions conducted by the Center in the same calendar year. No substitution or cash equivalent of the Prize (or portion thereof) is permitted except at the sole discretion of Sponsor, who reserves the right to substitute the Prize (or portion thereof) with one of comparable or greater value. The Prize is nontransferable and is subject to the terms included therein. Each winner agrees to accept his or her Prize “as is.” A lost or stolen Prize will not be replaced. All trademarks are property of their respective owners.
7. DRAWING AND NOTIFICATION: The winner will be selected on Tuesday, March 3, 2020 in a random drawing from all eligible and qualified entries received in accordance with these Official Rules during the Sweepstakes Period. Sponsor shall administer and run the drawing. The selected entry (each a “Potential Winner”) will first be notified via Instagram message (the “Winning Notification”) on Tuesday, March 3, 2020. The Potential Winner must respond to the Winning Notification either within seventy-two (72) hours using the contact information provided in the Winning Notification to verify eligibility and compliance with these Official Rules. The Potential Winner may need to provide Sponsor with contact information (first name, last name, address, phone number and/or email address) and/or answer any initial questions to determine eligibility. If the Potential Winner is a minor, he or she must obtain parent/guardian consent. In the event a Potential Winner is found to be ineligible, or if he/she cannot or does not comply with these Official Rules, the Potential Winner may be disqualified and an alternate winner may be selected. To the extent applicable, if the Winning Notification returns as undeliverable, or if a Potential Winner fails to respond within the prescribed time, such will result in disqualification. Sponsor is not responsible for communication problems of any kind. Sponsor are under no obligation to select an alternate winner. Sponsor’s decisions as to the administration and operation of the Sweepstakes and the selection of the qualified winner is final and binding in all matters related to the Sweepstakes.
8. GENERAL CONDITIONS: The Prize will only be awarded to a verified winner. Upon verification of eligibility and satisfaction of all other requirements, each winner may be required to execute an Affidavit of Eligibility, a Liability Release and (where legal) a Publicity Release (“Affidavit/Release”) before receiving his or her Prize. The winner may pick up their Prize at the Center’s Management Office by March 13, 2020 during Center business hours. If any Potential Winner fails or refuses to sign and return all Affidavit/Release before March 13, 2020 during Center business hours, the Potential Winner may be disqualified and an alternate winner may be selected. The winner is solely responsible for all taxes as it relates to his or her Prize, including applicable sales and income taxes. To the extent applicable, any forms required by the appropriate taxing authority must be completed prior to delivery of the Prize, including a W-9 tax form and a copy of social security card (relates to any prize equal to or exceeding $600 in value). An IRS Form 1099 reporting the value of the Prize as earned income will be issued as appropriate.
9. ACCEPTANCE OF PRIZE: Except where prohibited by law, by accepting his or her Prize, the winner grants Sponsor, Macerich, Instagram, prize suppliers, and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively, the “Sponsor Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast, and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast the winner’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio), in connection with the Sweepstakes and/or any Sweepstakes-related activity and any and all advertising, promotion, marketing, and/or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration. Winner’s first name and last name’s initial (e.g., “Jane D.”) and Instagram handle may be announced across any and all formats, (including, without limitation, Facebook, Instagram, Twitter, television, newspaper, website, and radio).
10. OFFICIAL RULES: The Sweepstakes is subject to these Official Rules. By entering the Sweepstakes, entrants agree to waive any right to claim any ambiguity or error in the Official Rules of the Sweepstakes, or the Sweepstakes itself, and agree to be bound by these Official Rules and by all decisions of Sponsor, whose decision is binding and final in all respects.
11. DISCLAIMERS: Sponsor Entities are not responsible for lost, late, damaged, incomplete, stolen, illegible, misdirected, deleted, destroyed or altered entries; or for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/Websites/use net accessibility or availability, traffic congestion, or unauthorized human intervention or access to the websites, as applicable. Proof of entering information on a website or deposit into U.S. mail, as applicable, is not considered proof of delivery or receipt. Sponsor Entities are not responsible for any incorrect or inaccurate information. If by reason of any error, more prizes are claimed than the number set forth in these Official Rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised prize. No more than the advertised number of prizes will be awarded. Sponsor reserves the right to cancel, terminate, suspend or modify any contest, sweepstakes, game or drawing not capable of completion as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of Sponsor.
12. RELEASE: By participating, entrants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against Instagram and the Sponsor Entities, those involved in the development, production (including prize suppliers, contractors, service providers), implementation and distribution of this Sweepstakes, all participating merchants and their designated agents and any other person or entity associated with such entities and/or this Sweepstakes, administrator, advertising and promotional agencies, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Sponsor Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Sweepstakes or any Sweepstakes-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby further agree that Sponsor Companies are not responsible or liable for, and that entrants will indemnify, defend, release, and hold Sponsor Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Sweepstakes or any Sweepstakes-related activity, or their acceptance, possession, use or misuse of any prize in any way (including any tax liabilities). Entrants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.
13. PARENT/GUARDIAN CONSENTS. If a winner is under the age of eighteen (18) (US/DC residents), their parent or legal guardian must execute documentation to acknowledge, consent to, confirm, and approve the terms of these Official Rules and the Affidavit/Release and must submit to Sponsor such documentation at the time each respective winner submits his or her Affidavit/Release.
14. WINNERS LIST/RULES: The name of the winner may be obtained after March 13, 2020, by sending a self-addressed, stamped envelope, to be received before April 13, 2020, to: What Lifts The Oaks - Winner, c/o The Oaks, 350 W Hillcrest Dr., Thousand Oaks, CA 91360, Attn: Marketing Manager.
For a copy of the Official Rules, please send a self-addressed, stamped envelope, to be received before April 13, 2020, to: What Lifts The Oaks – Official Rules, c/o The Oaks, 350 W Hillcrest Dr., Thousand Oaks, CA 91360, Attn: Marketing Manager.
15. GOVERNING LAW: Except to the extent pre-empted by federal or other applicable state law, this Sweepstakes shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Sweepstakes, entrants agree that any and all disputes which cannot be resolved between entrant and Sponsor, and causes of action arising out of or connected with this Sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in Los Angeles County, California having competent jurisdiction, which Court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof.