SUMMER OF PLAY MYSTERY GIFT CARD DIGITAL SWEEPSTAKES
NO PURCHASE OR PAYMENT NECESSARY. EVERY CARD IS A WINNER. A PURCHASE OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
1. Eligibility: Only legal residents of the United States and the District of Columbia must be 13 years of age or older at the time of entry are eligible to enter the Summer of Play Mystery Card Digital Sweepstakes (“Digital Sweepstakes”). Entrants who are under the age of majority in their state of residency at time of entry must have the permission of a parent or legal guardian (“Parent/Guardian”) to participate in the Digital Sweepstakes and to redeem a Prize in the Digital Sweepstakes. Void where prohibited and subject to all applicable laws and regulations. Sponsor(s) (as defined below), Sponsor’(s) parent, subsidiary and affiliate entities and their respective officers, directors, agents, and employees, as well as the immediate family (spouse, parents, siblings and children) and household members (whether or not related) of each such Sponsor, Facebook, Twitter, Snapchat, Instagram and each of their respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win. Entrants must fulfill all requirements set forth in the Official Rules and abide by all decisions of the Sponsor(s) and/or Administrator in order to be eligible for a prize.
2. How to Enter: Eligible individuals may enter the Digital Sweepstakes by visiting [http://www.mallofamerica.com/summer] (the “Landing Page”) and following the links and instructions for the Digital Sweepstakes. You will receive a an emailed QR Code which can be redeemed for a prize at Mall of America on level 1 North in front of the North entrance of Nickelodeon Universe (“Redemption Site”). By completing the entry form in accordance with the instructions on the Landing Page, you represent that you have complied with the submission guidelines and content restrictions as specified on the Landing Page. Entries are limited to one per person per email address. All entries will be deemed to have been made by the authorized account holder for the submitted email address. Submitting mass entries or entries generated by a script, macro or use of automated devices is prohibited and may result in disqualification.
By participating in this Digital Sweepstakes, you represent that you have complied with the Official Rules as specified herein. Entries are limited to one per person per day. False or deceptive acts, as determined by Sponsor(s), will render the entrant ineligible. All mystery cards must be surrendered at time of redemption and become the exclusive property of Sponsor(s). Sponsor(s) assumes no responsibility for human error or technical malfunctions that may occur.
Entry Period: The Digital Sweepstakes Period begins on July 9, 2019 at 12:00am Central Time (“CT”) and ends on July 22, 2019 at 11:59pm Central Time (“CT”) (the "Entry Submission Deadline"). Entries received after the Entry Submission Deadline or outside the Digital Sweepstakes Period are void. All entries must be received by Sponsor(s) on or before Entry Submission Deadline as determined by Sponsor’(s) clock. This Digital Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Facebook. By entering, you understand that you are providing your information to Sponsor(s) and not Facebook.
Odds of Winning: Odds of winning depend on the total combined number of eligible individuals who participate in the Digital Entry and redeem the cards at the Redemption Site during Digital Sweepstakes Period as set forth herein. Eligible individuals may only win one time during the Digital Sweepstakes Period.
3. Winner Notification/Requirements: Each potential Prize winner will be notified in person on the day they redeem a Mystery Card during the Digital Sweepstakes Period. Any potential Prize winner may be required to sign and return to Sponsor(s) an Affidavit of Eligibility, General Release & Waiver, and Publicity Release in the form or forms provided by Sponsor(s) (where and to the extent legally permissible) at the time Prize is picked up in order to claim the Prize. A Prize must be claimed on or before Sunday, September 15, 2019 at 7:00pm or the Prize will be forfeited. If a potential Prize winner fails to sign and return the applicable Affidavit of Eligibility, Indemnity, General Release & Waiver within the required time period noted above, the potential Prize winner will be disqualified and forfeits the Prize. If not disqualified, the potential Prize winner must continue to comply with all terms and conditions of these Official Rules and winning and awarding of the Prize is contingent upon fulfilling all requirements. Failure to comply with these requirements, return of Prize notification or Prize as undeliverable, or disqualification of any potential winner for any reason may result in forfeiture of Prize, and the Sponsor(s) will select an alternate winner. Any unclaimed will be forfeited and the Prize will remain un-awarded.
4. Prize(s) and Donor(s): 8,500 mystery gift cards will be distributed at distribution sites listed above during Digital Sweepstakes Period. Mystery gift cards range in value from $3.00 - $11.99 (each a “Prize”). The approximate retail value of each Prize ranges between $3.00 - $11.99. Limitations may apply as stated on the Prize. Sponsor(s) will not replace any lost, misplaced, destroyed, mutilated, or stolen gift cards or mystery cards. Sponsor(s) make(s) no warranties concerning any component of a Prize that is not provided directly by Sponsor(s). Prize is non-transferable and not redeemable for cash, and no substitution will be made unless Sponsor(s), in its sole discretion, determines otherwise. Sponsor(s) reserves the right to substitute a Prize for one of equal or greater value, including cash, in Sponsor(s) sole discretion, if a Prize should become unavailable for any reason. Winner is solely responsible for reporting and paying any and all applicable federal, state and local taxes, and for any and all other costs, assessments, expenses, and fees associated with Prize award, receipt and use. For Prizes involving concerts, the date and seat locations at the concert shall be determined in the sole discretion of Sponsor or the concert venue. Baseball games, basketball games, parades, events and exhibition dates and times are determined in the sole discretion of third parties and may be subject to change. Released Parties (defined below) will not be responsible for weather conditions, Acts of God, acts of terrorism, civil disturbances, work stoppage or any other natural disaster outside their control that may cause the cancellation or postponement of any ball game, event or exhibition. If a Prize allows the winner to share the Prize with guests, Sponsor(s) may require each of the winner’s guests to sign and return a General Release & Waiver, as a condition for use of any component of the Prize. If a guest is a minor in his/her state of residency, the minor’s parent or legal guardian must verify and confirm his/her agreement to the General Release & Waiver in order to participate in the use of any component of the Prize. Prize elements may not be separated. The winners may receive an IRS Form 1099 reflecting the value of the prize.
5. Release & Waiver Consent: As a condition to receipt of a Prize, winner agrees to sign a General Release & Waiver releasing Sponsor(s) and its parent, affiliate, subsidiary entities, its merchants, and their respective agents, employees, suppliers, and advertising/promotional and judging agencies (the “Sponsor Group”) Facebook, Twitter, Instagram, Snapchat and each of their respective parents, affiliates, subsidiaries, from any and all liability whatsoever for injuries, damages or losses to persons and/or property which may be sustained in connection with the Digital Sweepstakes or the Prize. If any potential Prize winner is a minor in his/her state of residence, as a condition to receipt of a Prize, the minor’s Parent/Guardian may be required to sign and timely submit the required General Release & Waiver and, the Parent/Guardian shall also sign the General Release & Waiver and be personally legally bound by such General Release & Waiver. In Sponsor’(s) sole discretion, the Prize may be awarded to the minor’s Parent/Guardian rather than the minor, which Parent/Guardian shall then sign all required documents and assume all the responsibilities of the Prize winner. As a condition to receipt of any Prize, winners (or their Parent/Guardian in the case of minors) may be required to sign affidavits/disclaimers and tax forms, and winners (or Parent/Guardian in the case of minors) are responsible for any and all costs, taxes, assessments, expenses, and fees associated with the Digital Sweepstakes and Prize award, receipt and use. Except where prohibited by law, winners consent and agree to the use of their names, city and state/country, photographs, likeness, submission(s), statements, video, and voices for broadcast, marketing and promotional purposes in all forms of media (including, without limitation, online) on a worldwide basis by Sponsor(s) and its promotional agencies, Digital Sweepstakes partners, designees, successors and assigns, before, during and after the Digital Sweepstakes, without compensation or right of review, attribution, or notice, in perpetuity.
6. Agreement to Official Rules: By participating in the Digital Sweepstakes, entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor(s) and/or Administrator (including but not limited to decisions regarding eligibility of entries, the selection of entrants and winners, and the awarding of prizes), which are final and binding in all matters related to the Digital Sweepstakes. Sponsor’(s) failure to enforce any term of these Official Rules shall not constitute a waiver of that term or any other term in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were eliminated from the rules.
7. General Conditions: Sponsor(s) reserves the right, in its sole discretion, to terminate, modify or suspend the Digital Sweepstakes, or any part of it, if, in Sponsor’(s) opinion, there is any suspected or actual evidence of fraud, tampering, computer virus, unauthorized intervention, technical difficulties, or failures, printing or distribution errors, or any other factor beyond Sponsor’(s) reasonable control that may affect or impair the administration, security, fairness or integrity, or proper functioning of the Digital Sweepstakes. If, as a result of an error relating to the entry process, drawing or any other aspect of the Digital Sweepstakes, there are more potential winners of prizes than contemplated in the Digital Sweepstakes Rules, there will be a random draw amongst all eligible prize claimants after the Digital Sweepstakes closing date to award the prize. In the event there is more than one Sponsor and the Sponsors are in disagreement over a modification, suspension, or termination of the Digital Sweepstakes, then MOAC Mall Holdings LLC shall have the final decision with respect to any modification, suspension, or termination of the Digital Sweepstakes. Sponsor(s), in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Digital Sweepstakes or to be acting in violation of these Official Rules or acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Digital Sweepstakes may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor(s) reserves the right to prosecute and/or seek damages from any such person to the fullest extent permitted by law. Sponsor’(s) failure to enforce any provision of these Official Rules shall not constitute a waiver of that provision. Sponsor(s) is not responsible for incomplete, illegible, misdirected, misprinted mystery cards or entries, late, or lost entries, submissions or Prize notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or incomplete capture of information, or the failure to capture any information. No mechanically reproduced, illegible, incomplete, forged, software-generated or otherwise multiple entries will be accepted. If any dispute regarding identity of any winner cannot be resolved to Sponsor’(s) satisfaction, that entrant/potential winner will be disqualified. In the event of any discrepancy or inconsistency between the terms and conditions of these rules and disclosures or other statements contained in any sweepstakes-related materials, including but not limited to the mystery card, or point of sale, television, print or online advertising, the terms and conditions of these rules shall prevail, govern and control.
8. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Digital Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal District Court of Hennepin County, Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.
9. Governing Law: The Digital Sweepstakes is governed by the laws of the State of Minnesota, without regard to any choice of law provisions. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor(s) in connection with the Digital Sweepstakes and/or any Prize, shall be governed by, and construed in accordance with, the laws of the State of Minnesota without giving effect to any choice of law or conflict of law rules (whether of the State of Minnesota or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Minnesota.
11. Sponsor(s) and Administrator: The Digital Sweepstakes is sponsored and administered by MOAC Mall Holdings LLC, doing business as Mall of America, (“Sponsor(s)” and “Administrator”), 2131 Lindau Lane – Suite 500 Bloomington, MN 55425.
12. Official Rules: For the Official Digital Sweepstakes Rules and/or a list of all potential Prizes, send a self-addressed, stamped envelope to: Marketing Coordinator, Mall of America, Attn: Marketing Department, 2131 Lindau Lane, Suite 500, Bloomington, MN 55425. All such requests must be received within six (6) weeks after the end of the Digital Sweepstakes. These Official Rules will be posted on the Website during the Digital Sweepstakes Period. All questions regarding the Digital Sweepstakes can be referred to Kelsey Cunningham, Mall of America, Kelsey.firstname.lastname@example.org.