Participation constitutes entrant’s full and unconditional agreement to and acceptance of these Official Sweepstakes Rules. If You (“Participant”/“You”) choose to participate in the Outlets at Tejon Instant-Win Sweepstakes Program (the “Sweepstakes”), You need to be aware of, and agree to, the terms, conditions and other agreements of this agreement. These Official Sweepstakes Rules (the “Official Rules”) may be accessed anytime online at http://www.tejonoutlets.com/sweepstakes-rules/ or via links located on the homepage of Our website, http://www.tejonoutlets.com (the “Website”).
The Sweepstakes is sponsored by TRCC/ROCK Outlet Center LLC, its parents, subsidiaries and/or affiliates (collectively, the “Outlets at Tejon” or “We”/“Us”/“Our”), and is only open to individuals who are legal residents of one (1) of the fifty (50) United States or the District of Columbia and are at least thirteen (13) years of age or older at the time of entry. The Outlets at Tejon, its employees, officers, directors and agents, advertising promotional agencies, fulfillment companies and members of each’s immediate family members (defined as spouse, parent, sibling or child) and/or persons living in the same household of such individuals (whether or not related), are ineligible to participate in any Sweepstakes in any capacity or win a prize.
During the period beginning at 12:00am Pacific Time (“PT”), December 1, 2016 and ending at 11:59pm PT, December 31, 2017 (the “Promotion Period”) the Outlets at Tejon may offer multiple, individual instant win games, each of which will be governed by these official rules. Each such instant win game (each referred to as an “Instant Win”) will have distinct start and end dates (the “Individual Instant Win Period”), and possible prize(s). Instant Win entries will be accepted anytime within the Individual Instant Win Period, and daily winners will be notified each day of the Individual Instant Win Period, beginning at 12:00am PT and ending at 11:59pm PT on each day. The details for each individual Instant Win (e.g., Individual Instant Win Period and prize(s)) are listed below and are referred to herein as the “Instant Win Info.” The official rules for each individual Instant Win are comprised of these official rules and the Instant Win Info for the applicable Instant Win. One of the applicable prizes for each Individual Instant Win Period, as detailed in the Instant Win Info, will be awarded at random to an eligible participant each day of the Individual Instant Win Period. For the purposes of these official rules, these Instant Wins Sweepstakes individually and collectively are referred to as the “2017 Tejon Outlets Instant Win Games” (the “Games”). The Outlets at Tejon’s computer is the official time-keeping device for the Games.
Regardless of method of entry, each participant must have a valid physical address linked to his or her Account and be eligible to participate. If a participant does not provide a physical address when required, or if his or her email address is deemed to be invalid, We reserve the right to invalidate the entry in Our sole discretion.
To create a VIP Account and register as a VIP Account Member, please visit Our Website or download Our mobile App and follow the onscreen instructions. Limit: One (1) VIP Account per person. Accounts cannot be shared and an individual may not have more than one VIP Account.
Each potential prize winner will be officially notified by the phone or e-mail address (in Our sole discretion) that the potential Winner provided in connection with the participant’s chosen method of entry to the Games. If a potential Winner does not respond to the telephone call or e-mail within two (2) business days after notification, or if an e-mail notification is returned as undeliverable, or if such potential Winner is otherwise determined to be ineligible for any reason, including but not limited to, failure to adhere to these official rules, such potential Winner may be disqualified, and an alternative potential Winner shall be selected in a random drawing from all remaining eligible entries received on the same day the disqualified, potential Winner entered the applicable Instant Win Game. Potential winners must continue to comply with the official rules and winning is contingent upon fulfilling all requirements. A potential Winner may also be required to sign and return, within two (2) business days, an Affidavit of Eligibility, Release and Indemnification, a Publicity Release (where allowed by law ) and a W-9 tax payer request for identification, to be eligible to receive a prize (“Prize Claim Documents”). If the Prize Claim Documents are not returned to the Outlets at Tejon within the specified time period, or a potential Winner cannot be contacted for any reason, or if a potential Winner declines the prize for any reason prior to receipt, such potential Winner may be disqualified and an alternate Winner selected from all remaining eligible entries received on the same day the disqualified, potential Winner entered the applicable Instant Win Game. Prizes will only be delivered to addresses within the United States.
A PARTICIPANT IS NOT A WINNER OF ANY PRIZE, EVEN IF THE INSTANT WIN GAME DISPLAYS A WINNING MESSAGE, AND EVEN IF HE OR SHE RECEIVES A WINNING EMAIL NOTIFICATION, UNLESS AND UNTIL PARTICIPANT’S ELIGIBILITY AND POTENTIAL WINNING PLAY HAVE BEEN VERIFIED AND PARTICIPANT HAS BEEN NOTIFIED THAT SUCH VERIFICATION IS COMPLETE.
THE OUTLETS AT TEJON WILL NOT ACCEPT SCREEN SHOTS OR OTHER EVIDENCE OF WINNING IN LIEU OF ITS VALIDATION PROCESS. ANY PLAY THAT OCCURS AFTER THE SYSTEM HAS FAILED FOR ANY REASON IS DEEMED A DEFECTIVE PLAY, IS VOID, AND WILL NOT BE HONORED.
In the event of a dispute concerning the identify of any participant, the participant’s entry will be deemed submitted by the natural person who is the authorized holder of the e–mail account provided in connection with the participant’s chosen method of entry. You may be required to provide Us with proof that You are such authorized holder of the e-mail account provided in connection with Your chosen method of entry.
Potential Winners may be asked to consent to a background check to be eligible to receive a prize. If a potential Winner refuses to provide such consent, such potential Winner may be disqualified. We shall also have the right to disqualify any participant who commits, or has committed, any act, or is involved in, or has been involved in, any situation or occurrence, which in Our sole discretion, brings the Outlets at Tejon or its promotional partners, parents, subsidiaries and/or affiliates into public scandal or ridicule, shocks or offends the community, detracts from the public image of the Outlets at Tejon or its promotional partners, parents, subsidiaries and/or affiliates, or reflects unfavorably on the same. Publicity. Except where prohibited by law, by accepting a prize, each Winner hereby grants the Outlets at Tejon the right to use the Winner’s name, likeness, biographical information, voice, and any statements or remarks made about the Sweepstakes or Games, and/or winning or participating in the Games, for advertising and promotional purposes (in any medium) without additional compensation.
Instant Win Period: 5/1/19 (12:00am PT) – 7/31/19 (11:59pm PT). One of the below prizes will be selected at random to be awarded to Winners of the May through July Instant Win Period on each day of the May through July Instant Win Period:
125 Auntie Anne’s Free Pretzel or Smoothies
72 $20 Outlets at Tejon Gift Cards
Number of randomly-generated winning times per each day of the above Instant Win Periods: 1 .
The odds depend on the number of entries received, and the number of persons solicited is not controlled by The Outlets at Tejon. Many will play, few will win. EACH INDIVIDUAL INSTANT WIN PERIOD IS A SEPARATE PROMOTION AND ENTRIES RECEIVED FOR THAT INSTANT WIN GAME WILL NOT BE CONSIDERED FOR ANY OTHER INSTANT WIN GAMES. We reserve the right, in Our sole discretion, to substitute a prize of equal or greater value for any and all prizes. No other substitutions or transfer of prizes are allowed, unless specifically authorized by Us.
By participating in the Sweepstakes, inclusive of all Games and Instant Wins, You, Your executors and heirs, agree to be bound and abide by these official rules and by all decisions of the Outlets at Tejon, whose decisions are final and binding and not open to appeal. You hereby agree to release, indemnify, defend and hold harmless the Outlets at Tejon, Our promotional partners, and each’s parents, subsidiaries, affiliates, members, shareholders, agents, officers, representatives, employees, suppliers, agencies, successors, assigns, licensors, advertising or promotional agencies, prize suppliers and/or prize-sponsoring agencies (collectively, the “Released Parties”), from any and all liability whatsoever in connection with or related to the Sweepstakes, including, without limitation, from any and all causes of action, liabilities, suits, claims (including but not limited to, third party claims that may be made against You, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of You, including without limitation, claims concerning infringement or invasion of Your privacy or publicity rights, or defamation, or acts undertaken in preparation for, or participation in, the Sweepstakes), cross-claims or counterclaims, costs, injuries, losses, damages or demands of any kind (including, without limitation, personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, the “Claims”), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF ANY OF THE RELEASED PARTIES, whether known or unknown, foreseen or unforeseen, of whatever nature, which You may have against the Released Parties. You further agree that You have no right to bring, and covenant not to bring, any claim, action, or proceeding of any kind or nature whatsoever against the Released Parties and to assume all risks, express or implied, known or unknown, foreseen or unforeseen, associated with all Claims released above, including, without limitation, all risks concerning entry into and participation in the Sweepstakes.
You hereby specifically waive application of California Civil Code Section 1542 and acknowledge that You have read and understand the following provisions of California Civil Code Section 1542, which provides that:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You understand and acknowledge that the significance and consequence of this waiver of California Civil Code Section 1542 includes that even if You should eventually suffer additional injuries or damages relating to or arising in any way out of any dispute concerning these official rules or your participation in the Sweepstakes, You will not be able to make any claim for those injuries or damages. You acknowledge and agree that You intend these consequences even as to claims for injuries or damages that may exist as of the date of Your initial participation in the Sweepstakes, but which You do not know exist, and which, if known, would materially affect Your decision to participate in the Sweepstakes, regardless of whether Your lack of knowledge is the result of ignorance, oversight, error, negligence or any other cause.
NONE OF THE RELEASED PARTIES HAVE MADE OR MAKE OR ARE RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, RELATIVE TO THE SWEEPSTAKES OR A PRIZE, AND ALL PRIZES ARE TENDERED ON AN “AS-IS” AND “WITH-ALL-FAULTS” BASIS. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE DESCRIPTION ON THE FACE OF ANY GAMES, SWEEPSTAKES, SWEEPSTAKES MATERIALS, OR ANY PRIZE.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any promotion and/or Sweepstakes materials, the terms and conditions of these official rules shall prevail, govern and control. The released parties are not responsible for (a) typographical errors, omitted details or any other errors submitted by You, or errors in the printing of these official rules, the administration or fulfillment of any Sweepstakes or the announcement of prizes; (b) lost, late, illegible, incorrect, incomplete, misdirected, misaddressed, garbled or otherwise mutilated, stolen or delayed entries; (c) errors, omissions, interruptions, deletions, defects, destruction, theft or unauthorized access to, or alteration of entries or other problems (whether due to technical problems, human error or any combination thereof); (d) telephonic, mechanical, electronic, hardware or software program, network, Internet or computer malfunctions, communications line or other failures, or difficulties of any kind, including without limitation, server malfunction or by any human error which may occur in the processing of entries; or (e) any delay experienced by You due to variations in the speed in which different mobile devices receive, send and otherwise process digital information, or any other technical reason, whether due to the nature of digital systems or otherwise. Except where prohibited, and subject to the releases and other provisions of these official rules, You further agree that no indirect, punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”). You agree to waive all rights to claim Special Damages and all rights to have such Special Damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXLCUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
CAUTION: Any attempt by any person to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes or any games may be a violation of criminal and civil laws, and, should such an attempt by made, we reserve the right to seek remedies and damages (including, without limitation, attorneys’ fees) from any such person to the fullest extent permitted by law, including criminal prosecution.
Each participant agrees that any and all disputes, claims and causes of action arising out of or in connection with the games or any prizes awarded, shall be resolved individually, without resort to any form of class action. Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering any games, or statutory damages, but in no event attorneys’ fees. All issues and question concerning the construction, validity, interpretation and enforceability of the official rules, or the rights and obligations of the participant and the Outlets at Tejon in connection with the games, shall be will be governed by the internal, substantive laws of the state of California without regard to its choice of law rules. You and we each hereby irrevocably consent and submit to the exclusive jurisdiction of the state and federal courts located in Bakersfield, California in any legal action, equitable suit or other proceeding arising out of or related to these terms. You and we further consent to personal jurisdiction over each of you and us, respectively, which may be effected by service of process sent by registered or certified mail addressed to such party at (in the case of the Outlets at Tejon) the address set forth in these Official Rules, and (in the case of You) at any address you may have provided in connection with Your chosen method of entry to the Games. You and we each hereby irrevocably waive any right you or we may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section, and You and we hereby irrevocably waive and agree not to plead or claim in any such proceeding, that such action or proceeding brought in accordance with this section has been brought in an inconvenient forum.
Contact the Outlets at Tejon to view the winners list to date.