2019 Outlets at Tejon Give and Get Sweepstakes Official Rules
OUTLETS AT TEJON GIVE AND GET SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. MAKING A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING A PRIZE. VOID WHERE PROHIBITED BY LAW.
The Outlets at Tejon Give and Get Sweepstakes (the “Sweepstakes”) is open only to legal residents of the United States and the District of Columbia who are at least thirteen (13) years old or the age of majority in the State of his/her residence, whichever is older, at the time of entry. Void outside of the United States and where prohibited by law. Minors must have advance parental consent. Employees of TRCC\ROCK Outlet Center LLC and any of its parent(s), subsidiaries, affiliates, advertising agencies, suppliers, distributors, retailers or any other company or individual involved with the design, production, execution or distribution of the Sweepstakes, and their immediate family (spouse, parents and stepparents, siblings and stepsiblings, and children and stepchildren) and household members (people who share the same residence at least three (3) months out of the year) of each such employee are not eligible. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
Sponsor: TRCC\ROCK Outlet Center LLC d/b/a Outlets at Tejon, 5701 Outlets at Tejon Parkway, Arvin, CA 93203.
The Sweepstakes entry period starts on November 28, 2019 at 6:01 p.m. Pacific Time (“PT”) and ends December 24, 2019 at 5:59 p.m. PT (the “Sweepstakes Entry Period”). Each calendar date during the Sweepstakes Entry Period shall be 1 “Sweepstakes Day.” Entries received after the Sweepstakes Entry Period will be void. Sponsor is the official time keeper for this Sweepstakes.
There are two (2) ways to enter. During the Sweepstakes Entry Period, there will be a Gift Box for each Prize set forth below (each a “Preferred Prize Box”) located at Guest Services, to enter: (i) during the Sweepstakes Entry Period, take your paid receipts for items purchased by you at Outlets at Tejon stores to Guest Services (located in Suite 170 at the Outlets of Tejon, between Pottery Barn Outlet and H&M stores) and you will receive one (1) entry ticket for each $50 spent as reflected on the receipt(s), complete the entry ticket in full by legibly printing your name, e-mail address and telephone number on each entry ticket, then deposit each completed entry ticket into the corresponding Preferred Prize Box for which the ticket should be entered to win to receive one (1) entry per ticket for the designated Preferred Prize; and/or (ii) Enter by Mail. To receive one (1) entry per ticket for the designated Preferred Prize, legibly print your name, e-mail address and telephone number, and the Preferred Prize for which the corresponding ticket should be entered to win, and the words “Outlets at Tejon Give and Get Sweepstakes” on a 3” x 5” card and mail to: Outlets at Tejon Give and Get Sweepstakes, c/o 11 Music Mountain Blvd., Lambertville, NJ 08530. All mail in entries must be postmarked by December 24, 2019 and received at the designated mail-in address by December 29, 2019 to qualify for a chance to win the designated Preferred Prize. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries. All entries become the sole and exclusive property of Sponsor and will not be acknowledged or returned. Potential winner(s) may be required to show proof of being the authorized e-mail account holder. All Entries become the sole and exclusive property of Sponsor and will not be returned.
Maximum Number of Entries. Irrespective of the method of entry including but not limited to the amount of money spent as reflected on any applicable receipt(s), the maximum number of entries per person, per household for the Sweepstakes is 10 entries total, regardless of the Preferred Prize(s), per Sweepstakes Day during the Sweepstakes Entry Period. Use of any automated system to enter is prohibited and will result in disqualification.
On or about December 31, 2019 after the end of the Sweepstakes Entry Period, Sponsor will select one (1) entry for each Prize described below in a random drawing from among all valid entries received during the Sweepstakes Entry Period for the corresponding Preferred Prize. Each potential prize winner will be contacted using the email address and/or telephone number included on the entry form used to enter (subject to verification of eligibility and compliance with the terms of these Official Rules, including for minors, proof of parental consent to enter and win). Potential winners will be notified approximately two (2) business days after the prize drawings. Failure to respond to the initial verification contact within one (1) calendar day of notification may, in Sponsor’s sole discretion, result in disqualification and a new potential prize winner may be selected by Sponsor from all remaining valid entries. Odds of winning the prize depend on the number of eligible entries received during the Sweepstakes Entry Period.
Each potential prize winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. The potential prize winners (and, in the case of a minor, his/her parent or guardian) may be required to sign and return to Sponsor or its designee’s, for Sponsor’s or its designee’s receipt within five (5) calendar days of the date notice is sent, an affidavit of eligibility, and liability/publicity release (except where prohibited) in order to claim his/her prize. If a potential winner cannot be contacted, fails to sign and return the affidavit of eligibility and liability/publicity release, or if the prize or prize notification is returned as undeliverable, potential winner forfeits prize. In the event that a potential winner of a Sweepstakes prize is disqualified for any reason, Sponsor may award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
A total of seventy-five (75) prizes will be available from which Entrants may select to enter to win. The prizes are:
Store: American Eagle/ Aerie
Store: Auntie Anne’s Pretzels
Store: Brooks Brothers
Store: Calvin Klein
Store: Carter’s/OshKosh B’gosh
Store: The Children’s Place
Store: Columbia Sportswear
Store: Famous Footwear
Store: Juicy Burger
Store: Le Creuset
Store: Levi’s Outlet
Store: Michael Kors
Store: Perfumes 4U
Store: Polo Ralph Lauren
Store: Pottery Barn Outlet
Store: The Fragrance Outlet
Store: Tommy Hilfiger
All federal, state and local taxes and all other expenses not expressly listed in these Official Rules are the sole responsibility of each prize winner. Prizes are nontransferable and may not be substituted or redeemed for cash by any prize winner. Sponsor reserves the right to substitute the any prize for one of equal or greater value. Approximate retail value of all prize is $4,087.70.
By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor and/or its designee(s) which are binding and final in all matters relating to this Sweepstakes; (b) release and hold harmless Sponsor and their respective parent, subsidiary and affiliated companies, the prize suppliers and any other organizations and/or persons responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses and liability, including but not limited to negligence and damages of any kind to persons and property, including but not limited to invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to a participant’s entry, creation of an entry or submission of an entry, participation in the Sweepstakes, acceptance or use or misuse of prize (including any travel or activity related thereto) and/or the broadcast, exploitation or use of entry; and (c) indemnify, defend and hold harmless the Released Parties from and against any and all claims, expenses, and liabilities (including reasonable attorneys’ fees) arising out of or relating to an entrant’s participation in the Sweepstakes and/or entrant’s acceptance, use or misuse of any prize. Notwithstanding the foregoing, in the event that the preceding release is determined by a court of competent jurisdiction to be invalid or void for any reason, entrant agrees that, by entering the Sweepstakes, (i) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prize awarded, shall be resolved individually without resort to any form of class action; (ii) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorney’s fees; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses.
Except where prohibited, participation in the Sweepstakes constitutes each winner’s consent to Sponsor’s and its agents’ use of each winner’s name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration.
Sponsor reserves the right to cancel, suspend and/or modify the Sweepstakes, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes, as determined by Sponsor in its sole discretion. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
The Released Parties are not responsible for: (a) any incorrect or inaccurate information, whether caused by entrants, or programming associated with or used in the Sweepstakes; (b) technical failures of any kind, including but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (c) unauthorized human intervention in any part of the entry process or the Sweepstakes; (d) technical or human error, which may occur in the administration of the Sweepstakes or the processing of entries; or (e) any injury or damage to persons or property, which may be caused, directly or indirectly, in whole or in part, from entrant’s participation in the Sweepstakes or receipt or use or misuse of any prize. If for any reason an entrant’s entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes. No more than the stated number of prizes will be awarded. If, for any reason, the Sweepstakes cannot be executed as planned, including, but not limited to, any governmental order, force majeure, social media mandate, printing, administrative or other error of any kind, transmission failure, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor that corrupt or affect the security, administration, fairness, integrity or proper conduct of the Sweepstakes, or if the Sweepstakes is compromised or becomes technically corrupted in any way, electronically or otherwise, Sponsor reserves the right, in its sole discretion, to cancel, modify or terminate the Sweepstakes and, if terminated before the original end date, to select the winners from among all eligible, non-suspect entries received through both entry methods combined as of the date/time of termination.
Except where prohibited by law, as a condition of participating in this Sweepstakes, each entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, including but not limited to prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the Entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will any entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with participating in this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. Entrant further agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded shall be resolved individually, without resort to any form of class action. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. 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 in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
For Sweepstakes results, send a hand-printed, self-addressed, stamped envelope to: “Winner’s List - Outlets at Tejon Give and Get Sweepstakes”, c/o Oxford Communications, ATTN: Cayla Osborn, 11 Music Mountain Blvd., Lambertville, NJ 08530. Requests for the Winner’s List must be received by Sponsor within 60 calendar days after the end of the Sweepstakes Entry Period.
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: 10/28/19 (12:00am PT) – 12/31/19 (11:59pm PT). One of the below prizes will be selected at random to be awarded to Winners of the October through December Instant Win Period on each day of the October through December Instant Win Period:
(94) Auntie Anne’s Free Pretzel or Smoothies
(16) $20 Outlets at Tejon Gift Cards
(2) $20 Aeropostale Gift Cards
(50) Free Auntie Anne’s Pretzels
(5) $10 Calvin Klein Gift Cards
(8) $10 Carter’s/ Osh Kosh Gift Cards
(9) Free Meal Combos from Juicy Burger
(4) Prize Packets from Le Creuset* (includes two silicon utensils and a cookie cutter)
(19) $10 Skechers’ Gift Cards
(1) Kitchen Collection Perro-Mate & Bamboo Recipe Box
(1) Kitchen Collection Whistle Mate and Glaze Pastry Brush
(47) $10 Journey’s Gift Cards
(100) Prize bags from Journey's
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.