CIRQUE DU SOLEIL OVO SWEEPSTAKES

CIRQUE DU SOLEIL OVO SWEEPSTAKES

STARWOOD RETAIL PARTNERS

FRANKLIN PARK MALL CIRQUE DU SOLEIL OVO SWEEPSTAKES

OFFICIAL RULES AND REGULATIONS

 

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.  A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. 

 

IMPORTANT NOTICE:

No text message is necessary to enter or win this Sweepstakes. In the event the Sweepstakes is entered via a mobile device, message and data charges may apply.  Void where prohibited and subject to all applicable laws and regulations.  Consent is not required to buy goods and services. Click here https://www.shoppingfranklinparkmall.com/privacy-policy to review our full Privacy Policy and http://bit.ly/2aHNkvf to review our full Mobile Terms & Conditions.

 

By providing your email address when entering the Sweepstakes, you are opting in to receive email communications from Sponsor and Franklin Park Mall, and you may receive ongoing marketing emails, monthly offers, alerts and other recurring email communications from Sponsor and Franklin Park Mall.  You may opt out of such email communications by clicking the “unsubscribe” link located at the bottom of any such email communication and following the instructions for unsubscribing.   By providing your mobile phone number when entering the Sweepstakes, you are opting in to receive text messages from Sponsor and Franklin Park Mall, and you may receive ongoing marketing text messages, monthly offers, alerts and other recurring messages from an automated system.  You may not be able to participate by text messages through all wireless carriers.  Participating carriers include: T-Mobile, AT&T, Verizon  Wireless, Sprint, US Cellular Corp, Boost Mobile, Crick/Leap, Virgin Mobile USA, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, NTELOS, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT (East Central Illinos), GCI / Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless.  Text STOP to 6087 to opt out of recurring text messages.  Text HELP to 60867 for information. 

Sweepstakes Sponsor & Administrator:

 

The FRANKLIN PARK MALL CIRQUE DU SOLEIL OVO SWEEPSTAKES (the “Sweepstakes”) is sponsored by Starwood Retail Partners, LLC, with its principal place of business located at 1 East Wacker, Suite 3600, Chicago, IL 60601 (“Sponsor”).   [The Administrator of the Sweepstakes is Franklin Park Mall with its principal place of business located at 5001 Monroe Street, Toledo, OH 43623 (“Administrator”).]

 

The Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site, including Facebook, Instagram, Twitter or Pinterest.  You understand that you are providing information to Sponsor and Franklin Park Mall only, and not to Facebook, Instagram, Twitter or Pinterest.  Any questions or communications should be directed to Sponsor and not to Facebook, Instagram, Twitter or Pinterest.  By participating in the Sweepstakes, you agree to a complete release of Facebook, Instagram, Twitter and Pinterest from any claims.  The Sweepstakes is void where prohibited or restricted by law.  By entering the Sweepstakes, each entrant accepts and agrees to be bound by these official Sweepstakes rules (these “Official Rules”), Administrator’s Privacy Policy available at http://bit.ly/2apvh8D


2.  Eligibility:


This Sweepstakes is open to legal residents of 50 United States and the District of Columbia, (excluding residents of Puerto Rico and US territories and possessions), except where prohibited or restricted by law.  Entries submitted in geographic areas in which the entry is not permissible will be disqualified.  To be eligible, an entrant must be at least 18 years of age at the time of entry and have a valid e-mail account prior to the commencement of the Sweepstakes Period. No one under the age of 18 is eligible to participate in this Sweepstakes.  Entries are limited to individuals only; commercial enterprises or business entities are not eligible. Employees, officers and directors of Sponsor, Franklin Park Mall and [its/their respective] affiliates, subsidiaries, judging agents and promotion partners, and their immediate families (parents, children, siblings, spouse) or members of the same household (whether related or not) of such employees/officers/directors are not eligible to participate. 

 

3.  Sweepstakes Period & Draw Date:
 

The Sweepstakes commences at 12:00 PM [Eastern Time (“ET”)] on April 24, 2017 and ends at 11:59 PM [ET] on May 24, 2017 (“Sweepstakes Period”).  All entries must be received prior to the close of the Sweepstakes Period.  Franklin Park Mall’s computer is the official time keeping device for this Sweepstakes.  The Sweepstakes consists of one draw date, which will occur at 9:00 AM [ET] on May 25, 2017(“Draw Date”).


4.  How to Enter:

 

Within the Sweepstakes Period, entrants must complete and submit an online Sweepstakes entry form (the “Entry Form”) by: (1) clicking on the Sweepstakes entry link posted to one of the following social media pages hosted by Sponsor: Sponsor’s Facebook page located at, www.facebook.com/franklinparkmall Sponsor’s Instagram page located at N/A, Sponsor’s Twitter page located at N/A, or Sponsor’s Pinterest page located at N/A; or (2) by vising the website URL located at www.shoppingfranklinparkmall.com.   

All Entry Forms must be received prior to expiration of the Sweepstakes Period.   By completing and submitting an Entry Form, you are opting in to receive text messages and email communications from Sponsor and Franklin Park Mall. 

As a result of opting in for email communications, you may receive ongoing marketing emails, monthly offers, alerts and other recurring email communications from Sponsor and Franklin Park Mall.  Entrants may opt out of such email communications by clicking the “unsubscribe” link located at the bottom of any such email communication and following the instructions for unsubscribing.  

As a result of opting in for text messages, you may receive ongoing marketing text messages, monthly offers, alerts and other recurring messages from an automated system.  You may not be able to participate by text messages through all wireless carriers.  Participating carriers include: T-Mobile, AT&T, Verizon  Wireless, Sprint, US Cellular Corp, Boost Mobile, Crick/Leap, Virgin Mobile USA, Iowa Wireless, Metro PCS, ACS Wireless, West Central Cellular, NTELOS, Bluegrass, Plateau Wireless, AWCC, Cincinnati Bell, Cellular South, Carolina West Wireless, Immix Wireless/Keystone Wireless, Golden State Cellular, Cellcom, ECIT (East Central Illinos), GCI / Alaska Digitel, Inland Cellular, Illinois Valley, Nex-Tech, Chat Mobility, NW Missouri Cellular, NE Cellular One of PA, Element Wireless, MTPCS, Thumb Cellular, Viaero Wireless.  Text STOP to 6087 to opt out of recurring messages.  Text HELP to 60867 for information. 

5.  Entry Material Submission Guidelines:

 

If Entry Forms do not contain all necessary information as described in such Entry Form and these Official Rules, entrant will be disqualified. Please be certain to follow all directions. 

Sweepstakes entry is limited to one Entry Form submission per individual, per Sweepstakes Period. Multiple entrants are not permitted to share the same email address or mobile phone number.  Any attempt by any entrant to enter more than one time per Sweepstakes Period by using multiple/different email addresses, mobile phone numbers, accounts, identities, registrations, logins or any other methods, will void all of that entrant's entries and that entrant will be disqualified.  Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected entries, which will be disqualified.

In the event of a dispute as to any registration or entry, the authorized account holder of the email address or personal social media account provided in connection with the Entry Form, will be deemed to be the entrant.  The “authorized account holder” of an email address is the natural person assigned to an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address.  Otherwise, the “authorized account holder” of a social medial account is the natural person in whose name the social media account has been issued.  Potential winners may be required to show proof of being an authorized account holder. 

Sponsor and/or Administrator reserve the right to reject any entries that do not comply with these Official Rules. By entering, you indicate your unconditional agreement to, and acceptance of these Official Rules, Franklin Park Mall’s Privacy Policy, http://bit.ly/2apvh8D and Sponsor’s/Franklin Park Mall’s decisions, which are final and binding. You cannot win a prize unless you comply with all requirements in these Official Rules.

All Entry Forms must be in the English language.  Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents will void all Sweepstakes entries made by, or associated with, the applicable entrant. By submitting an Entry Form in connection with the Sweepstakes, you hereby agree that Sponsor may contact you via email or text message regarding your submission.

6.  Winner Determination and Verification:

On the Draw Date, [one (1)] potential grand prize winner(s) (“Prize Winner(s)”) will be randomly selected by Franklin Park Mall from all eligible entries received during the Sweepstakes Period listed above in Section 3. Entrants who opt out of email communications will not be included in the drawing. Potential Prize Winner(s) will be notified by email and/or phone based on the contact information provided in his/her Entry Form by 5:00 PM [ET] on May 26, 2017.

An entrant is not a Prize Winner unless and until entrant’s eligibility has been verified by Sponsor and/or Franklin Park Mall, and entrant has been notified that verification is complete. In the event that a potential Prize Winner is determined to be ineligible, his or her prize will be forfeited and Sponsor/Franklin Park Mall reserves the right to select an alternate Prize Winner by random drawing from among all remaining eligible entries.

Each eligible Prize Winner may be required to complete, sign and return an affidavit of eligibility, compliance, liability release, publicity release (if not prohibited by law), and any other necessary documents, including required tax documents, (collectively, an "Affidavit") if provided or attempted to be provided to Prize Winner, in order to claim his/her prize.   If a potential Prize Winner cannot be contacted, fails to sign and return the Affidavit or provide any other requested information within the required time period, the potential Prize Winner forfeits the Prize. 

Sponsor reserves the right to terminate or modify this Sweepstakes at any time for any reason. Sponsor also reserves the right to cancel, suspend or modify this Sweepstakes in the event an insufficient number of entries are received, an insufficient number of entries meet the minimum judging criteria, or as a result of any fraud, technical failures, human error or any other factors that impair 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. 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.

 

7.  Prizes: 
 

The Prize Winner(s) shall receive the following prize (the “Prize”):

Two tickets to OVO-Cirque du Soleil premiere night at Huntington Center on May 31st at 7:30 p.m. (valued at $82each) Dinner for two at TJ Hibachi & Sushi  - valued at $100

Odds of winning a prize depend on the number of eligible entries received during the Sweepstakes Period.  

Prizes are non-transferable and may not be exchanged for any other consideration.  No substitution will be made except as provided herein at the Sponsor’s sole discretion.

Should the prize become unavailable, prize winner shall be given the option of choosing one of the following: (1) a prize of equal or greater value; (2) the verifiable retail value of the prize in cash or by a valid check; or (3) a voucher, certificate or other evidence of obligation stating that the prize will be shipped to the prize winner within ten days at no cost to the prize winner.  In the event the prize winner selects option (3) and Sponsor is not able to ship the prize within ten days, Sponsor shall mail the prize winner a valid check or money order for the verifiable retail value of the prize.  Sponsor and Administrator will not be responsible for any loss, liability or damage arising out of the acceptance or use of a Prize.   Each Prize Winner will be solely responsible for any and all local, state, and federal taxes incurred by his/her participation in the Sweepstakes and receipt and/or use of the Prize.

By entering this Sweepstakes, and except to the extent prohibited by law, each Prize Winner acknowledges that Sponsor Franklin Park Mall has/have the right to publicize and broadcast in any media his/her name and likeness, home city and state, the fact that he/she won, and all related information without further payment or consideration. Sponsor is not obligated to attribute submissions to any entrant.


8.  RELEASE, INDEMNIFICATION AND LIMITATION OF LIABILITY
 

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR, FRANKLIN PARK MALL, FACEBOOK, INSTAGRAM, TWITTER, PINTEREST, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “RELEASED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RELATING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, INCLUDING, BUT NOT LIMITED TO: (A) UNAUTHORIZED HUMAN INTERVENTION IN ANY PART OF THE ENTRY PROCESS OR THE SWEEPSTAKES; (B) TECHNICAL OR HUMAN ERRORS WHICH MAY OCCUR IN THE ADMINISTRATION OF THE SWEEPSTAKES OR THE PROCESSING OF ENTRIES; (C) LATE OR UNDELIVERED MAIL OR EMAIL; (D) TECHNICAL ERRORS OF ANY KIND, INCLUDING BUT NOT LIMITED TO MALFUNCTIONS, INTERRUPTIONS, OR DISCONNECTIONS IN CELLULAR NETWORKS, PHONE LINES, OR NETWORK HARDWARE OR SOFTWARE; (E) INCORRECT OR INACCURATE INFORMATION, WHETHER CAUSED BY ENTRANTS, PRINTING ERRORS, OR BY ANY EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES; OR (F) INJURY OR DAMAGE TO PERSONS OR PROPERTY RELATED TO PARTICIPATION IN THE SWEEPSTAKES OR RECEIVE OR MISUSE OF ANY PRIZE. YOU WAIVE THE RIGHT TO CLAIM ANY ATTORNEYS FEES AND ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES.  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, IF IT IS POSSIBLE. NO MORE THAN THE STATED NUMBER OF PRIZES WILL BE AWARDED. IN THE EVENT THAT PRODUCTION, TECHNICAL, SEEDING, PROGRAMMING OR ANY OTHER REASONS CAUSE MORE THAN THE STATED NUMBER OF PRIZES AS SET FORTH IN THESE OFFICIAL RULES TO BE AVAILABLE AND/OR CLAIMED, SPONSOR RESERVES THE RIGHT TO AWARD ONLY THE STATED NUMBER OF PRIZES BY A RANDOM DRAWING AMONG ALL LEGITIMATE, UN-AWARDED, ELIGIBLE PRIZE CLAIMS.

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, FRANKLIN PARK MALL, FACEBOOK, INSTAGRAM, TWITTER, PINTEREST, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES AND AFFILIATES (THE “INDEMNIFIED PARTIES”), FROM AND AGAINST ANY CLAIMS, DEMANDS, COSTS, LIABILITIES, DAMAGES, LOSSES, CAUSES OF ACTION, OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM (A) YOUR PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OF ANY PRIZE, AND (B) YOUR BREACH OF THESE OFFICIAL RULES OR YOUR REPRESENTATIONS AND WARRANTIES IN THESE OFFICIAL RULES.

 

9.  NO WARRANTIES.

 

SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE.  Sponsor is not liable for any malfunctions or failures of any telephone network or lines, computer internet system, servers or providers, computer equipment, software, failure of any social media site or social media account, technical problems or traffic congestion on the internet or at any website, or any combination thereof, including any injury or damage to entrant’s or any other person's computer related to or resulting from participation or uploading any Entry Materials relating to this Sweepstakes, or other technical difficulties or failures or other errors of any kind. 

 

10.  Privacy:

Any information you submit as part of the Sweepstakes is subject to and will be used in accordance with Franklin Park Mall’s privacy policy. http://bit.ly/2apvh8D

11.  No Recourse to Judicial or Other Procedures/Severability: 

TO THE EXTENT PERMITTED BY LAW, THE RIGHTS TO LITIGATE, TO SEEK INJUNCTIVE RELIEF OR TO MAKE ANY OTHER RECOURSE TO JUDICIAL OR ANY OTHER PROCEDURE IN CASE OF DISPUTES OR CLAIMS RESULTING FROM OR IN CONNECTION WITH THIS SWEEPSTAKES ARE HEREBY EXCLUDED, AND ANY ENTRANT EXPRESSLY WAIVES ANY AND ALL SUCH RIGHTS. IN THE EVENT THAT A COURT OF COMPETENT JURISDICTION FINDS THE FOREGOING WAIVER UNENFORCEABLE, ENTRANTS HEREBY AGREE TO THE DISPUTE RESOLUTION PROCEDURES SET FORTH BELOW.

All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant, Franklin Park Mall, and Sponsor in connection with the Sweepstakes, or any claim or dispute that has arisen or may arise between or among entrant, Franklin Park Mall and Sponsor, shall be governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any choice of law or conflict of law rules. The place of any arbitration shall be Chicago, Illinois.

 

If any provision(s) of these Official Rules are held to be invalid or unenforceable, all remaining provisions hereof will remain in full force and effect.  Our waiver of any provision(s) of these Official Rules must be in writing, and a waiver in one instance or provision shall not be considered a waiver of any other instance or provision.

 

12.  Dispute Resolution:

 

All claims and disputes of any nature, whether at law or equity, in any way related to or arising out of the Sweepstakes, these Official Rules, or the Mobile Terms and Conditions, will be resolved in accordance with the provisions set forth in this Dispute Resolution section. This Dispute Resolution section applies to all claims and disputes whenever arising, including those arising prior to an entrant’s acceptance of these Official Rules.

 

Written notices of claims or disputes (“Demand”) shall be sent to the Sponsor at the following address (the “Notice Address”): 1 East Upper Wacker Drive, Suite 3600, Chicago, Illinois 60601.  If the claim or dispute contained in the Demand is not resolved to entrant’s satisfaction within 10 business days after Sponsor’s receipt, the entrant shall file a Demand for Arbitration with the American Arbitration Association (the “Arbitrator”). For any such filing of a demand for arbitration, entrant must affect proper service under the rules of the Arbitrator and notice to the Notice Address may not be sufficient. The Arbitrator shall apply the AAA Consumer-Related Disputes Supplementary Procedure effective September 15, 2005 (as may be amended) and as modified by the agreement to arbitrate in this Dispute Resolution section. Entrant agrees that the Arbitrator will have sole and exclusive jurisdiction over any dispute with Franklin Park Mall or Sponsor. The Federal Arbitration Act allows for the enforcement of arbitration agreements and governs the interpretation and enforcement of the agreement to arbitrate.

 

Entrant will not file a class action or collective action against Franklin Park Mall or Sponsor, and will not participate in a class action or collective action against either or both of them. Entrant agrees that he or she will not join his or her claims to those of any other person. Under no circumstances does Franklin Park Mall or Sponsor agree to class or collective procedures in arbitration or the joinder of claims in arbitration.

 

13.  Request for Name of Prize Winner(s) and Official Rules: 

For the name of the Prize Winner, the total percentage of Prize Winners, and/or a copy of these Official Rules, send a self-addressed stamped envelope to: Franklin Park Mall, Management Office. 5001 Monroe St, Suite 700, Toledo, OH 43623. All requests for a copy of the Official Rules and the name/percentage of the Prize Winner(s) must be made by May 30, 2017. If sending a request by mail, please note on the front left- hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Prize Winner.”