STARWOOD RETAIL PARTNERS
3 D’s for Dads SWEEPSTAKES AT Franklin Park Mall
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. ONLY LEGAL RESIDENTS OF 50 UNITED STATES AND THE DISTRICT
OF COLUMBIA (EXCLUDING RESIDENTS OF PUERTO RICO AND US TERRITORIES AND
POSSESSIONS), WHO ARE AT LEAST 18 YEARS OF AGE OR AGE OF MAJORITY AND HAVE A
VALID E-MAIL ACCOUNT AT THE TIME OF ENTRY ARE ELIGIBLE TO PARTICIPATE IN THIS
SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
PLEASE REVIEW THESE OFFICIAL RULES CAREFULLY. DO NOT REGISTER OR PARTICIPATE IN
THIS SWEEPSTAKES IF YOU DO NOT MEET THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE
OFFICIAL RULES. VOID WHERE PROHIBITED. PARTICIPATION IN THIS SWEEPSTAKES IS SUBJECT
TO THE SWEEPSTAKES DETAILS AND TERMS AND CONDITIONS OF THESE OFFICIAL RULES.
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 to review our full Privacy Policy and here
to review our full Mobile Terms & Conditions. Section headings of these Official Rules have
been added solely for convenience of reference and shall have no effect upon
construction or interpretation of these Official Rules. Unless the context otherwise requires,
words importing the singular shall include the plural and vice-versa.
By providing your email address when entering the Sweepstakes, you may opt 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 may opt 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. By participating in a mobile campaign, you agree that you are the primary owner
of the phone number used to subscribe. Message and Data Rates May Apply. Messages
sent from automated system. Consent not required for purchase. You may unsubscribe
from a program at any time by texting STOP to 55800. For additional help, you can
text HELP to 55800, or call 303-296-2413. You may not be able to participate by text
messages through all wireless carriers. Service may not be compatible with all handsets.
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1. SWEEPSTAKES SPONSOR & ADMINISTRATOR:
The “3 D’s for Dads” (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 St, 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 Administrator only,
and not to Facebook, Inc. (“Facebook”), Instagram, Inc. (“Instagram”), Twitter, Inc.
(“Twitter”), or Pinterest, Inc. (“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.
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, or the age of majority in his or her primary state of residence (whichever is
greater), at the time of entry and have a valid e-mail account prior to the
commencement of the Sweepstakes Period. If entrant has not reached the age of
majority in his/her primary state of residence at the time of entry into the Sweepstakes
(19 years old if a resident of Alabama or Nebraska, 21 years old if a resident of Mississippi,
and 18 years old in all other states), then entrant must obtain parental consent in order to
be eligible to enter the Sweepstakes. Parental consent occurs when the parent or legal
guardian of a minor entrant who has not reached the age of legal majority in their
residing state, grants permission for the minor entrant to participate and agrees on behalf
of himself/herself and the minor entrant to these Official Rules. It is strictly prohibited for
anyone who does not meet the age requirement at the time of entry to be allowed to
participate in the Sweepstakes, and no situation shall anyone under the age of thirteen
(13) be permitted to enter the Sweepstakes at any time, under any circumstances. Entries
are limited to individuals only; commercial enterprises or business entities are not eligible.
Employees, officers and directors of Sponsor, Administrator and 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.
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3. SWEEPSTAKES PERIOD & DRAW DATE:
The Sweepstakes commences at 10:00 am Eastern Time (“ET”) on June 1, 2018 and ends
at 11:59 pm ET on June 17, 2018 (“Sweepstakes Period”). All entries must be received
prior to the close of the Sweepstakes Period. Administrator’s computer is the official time
keeping device for this Sweepstakes. The Sweepstakes consists of one draw date, which
will occur at 12:00 pm ET on June 18, 2018 (“Draw Date”).
4. HOW TO ENTER:
No purchase is necessary to enter the Sweepstakes or claim the Prize, and a purchase
will not increase your chances of winning. Within the Sweepstakes Period, entrants must
complete and submit an online Sweepstakes entry form (the “Entry Form”) by clicking on
the Sweepstakes entry link posted to one of the following social media pages hosted by
Sponsor: Sponsor’s Facebook page located at
https://www.facebook.com/FranklinParkMall/ .
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 Administrator.
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 Administrator. 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.
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, mobile phone number, or personal social media account provided in
connection with the Entry Form, will be deemed to be the entrant. The “authorized
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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. The
“authorized account holder” of a mobile phone number is the natural person in whose
name the mobile phone number has been issued by the applicable wireless carrier.
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, Sponsor’s Privacy Policy located here, and
Sponsor’s/Administrator’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”) will be
randomly selected by Franklin Park Mall from all eligible entries received during the
Sweepstakes Period listed above in Section 3. Potential Prize Winner will be notified by
email or phone based on the contact information provided in his/her Entry Form by 5:00
pm ET on June 19, 2018.
An entrant is not a Prize Winner unless and until that entrant’s eligibility has been verified
by Sponsor and/or Administrator, 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/Administrator reserves the right to select an
alternate Prize Winner by random drawing from among all remaining eligible entries.
The 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 (as defined below). 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.
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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 verified Prize Winner shall receive the following grand prize (the “Prize”): $50 Gift Card
to Dick’s Sporting Goods, $50 Gift Card to Dillard’s, and a $100 gift card to Dave & Busters.
Approximate retail value of $200.00. 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 (10)
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. The 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.
8. PUBLICITY:
By entering this Sweepstakes, and except to the extent prohibited by law, you
acknowledge and agree that, if you are selected as the Prize Winner, you grant (and
agree to confirm such grant in writing promptly upon request) the Sponsor and/or the
Administrator the right to publicize, broadcast, and otherwise use, in any media whether
now known or hereafter discovered, your name, photograph, likeness, voice, image,
statements, home city and state, biographical information, the fact that you
participated in and won this Sweepstakes, and all related information at any time or times
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for advertising, trade, publicity, and promotional purposes worldwide and on the World
Wide Web, without your review, notification, or approval, or additional compensation to
you of any kind. Sponsor is not obligated to attribute submissions to any entrant.
9. RELEASE, INDEMNIFICATION AND LIMITATION OF LIABILITY:
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR,
ADMINISTRATOR, 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 YOUR 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 RECEIPT OR MISUSE OF ANY
PRIZE. YOU WAIVE THE RIGHT TO CLAIM ANY ATTORNEYS FEES AND ANY DAMAGES
WHATSOEVER AGAINST THE RELEASE PARTIES, INCLUDING, BUT NOT LIMITED TO, PUNITIVE,
CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES. IF FOR ANY REASON YOUR ENTRY IS
CONFIRMED TO HAVE BEEN ERRONEOUSLY DELETED, LOST, OR OTHERWISE DESTROYED OR
CORRUPTED, YOUR 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,
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SPONSOR DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION,
FITNESS OR MERCHANTABILITY OF THE PRIZE. ALL MATERIALS AND INFORMATION PROVIDED
BY SPONSOR OR THE ADMINISTRATOR AND EVERYTHING ON SPONSOR’S OR
ADMINISTRATOR’S WEBSITE ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND,
EITHER EXPRESS OR IMPLIED. FURTHER, NEITHER SPONSOR NOR ADMINISTRATOR MAKE ANY
REPRESENTATIONS THAT THE MATERIALS RELATING TO THE SWEEPSTAKES ARE APPROPRIATE
OR AVAILABLE FOR USE AT ALL LOCATIONS AT ALL TIMES. IT IS YOUR SOLE RESPONSIBILITY
TO ENSURE THAT ACCESSING THE SWEEPSTAKES WEBSITE AND ENTERING THE SWEEPSTAKES
IS LEGAL AND NOT PROHIBITED BY THESE OFFICIAL RULES OR THE LAWS OF THE JURISDICTION
IN WHICH YOU ARE A CITIZEN. 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.
11. PRIVACY:
Any information you submit as part of the Sweepstakes is subject to and will be used in
accordance with Sponsor’s Privacy Policy, located here.
12. 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 any entrant,
Administrator, and Sponsor in connection with the Sweepstakes, or any claim or dispute
that has arisen or may arise between or among entrant, Administrator 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.
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13. 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 (“AAA”) (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 Administrator 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 Administrator 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 Administrator or Sponsor agree to class or
collective procedures in arbitration or the joinder of claims in arbitration.
14. 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,
5001 Monroe St, 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 5:00 pm ET on June 26, 2018.
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.”