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.
By providing your email address when entering the Sweepstakes, you may opt in to receive email communications from Sponsor and Administrator, and you may receive ongoing marketing emails, monthly offers, alerts and other recurring email communications from Sponsor and Administrator. 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 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.
The “Make it Merry” (the “Sweepstakes”) is sponsored and administrated by Franklin Park Mall, with its principal place of business located at 5001 Monroe Stree, Toledo OH 43623 (“Sponsor and Administrator”).
The Sweepstakes is in no way sponsored by, endorsed by, administered by, or associated with any third party social media site, including Facebook and Instagram. You understand that you are providing information to Sponsor and Administrator only, and not to Facebook, Inc. (“Facebook”) or Instagram, Inc. (“Instagram”). Any questions or communications should be directed to Sponsor and not to Facebook or Instagram. By participating in the Sweepstakes, you agree to a complete release of Facebook and Instagram from any claims. The Sweepstakes is void where prohibited or restricted by law.
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.
The Sweepstakes begins on Monday, November 9 when the first post has been made on Facebook or Instagram announcing the giveaway and ends on Wednesday, December 2 at 11:59pm Eastern Time (“ET”) (“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 on Thursday, December 3 (“Draw Date”).
No purchase is necessary to enter the Sweepstakes or claim the Prize, and a purchase will not increase your chances of winning
Refer to promotional posts/ads online on how to enter to win. On Facebook, only one (1) entry per giveaway post or ad per person will be eligible. Depending on the Sweepstakes Period, winner(s) will enter or be eligible to win in the following ways:
(A) Online: Log onto Facebook and/or Instagram and visit the Sponsor’s Facebook Page at https://www.facebook.com/FranklinParkMall or Instagram Account at https://www.instagram.com/FranklinParkMall/ and follow the instructions per the giveaway post or follow the instructions per the Facebook or Instagram ad if you are targeted with it in your Facebook News Feed or Instagram Feed, which complies with the terms of these Official Sweepstakes Rules. If there is a dispute regarding the identity of a Facebook/Instagram user Entrant, the authorized account holder of the Facebook/Instagram account at the time of Entry (i.e., the natural person who is assigned to the e-mail address that is associated with the Facebook/Instagram account) will be deemed the Entrant;
(B) By SMS Text: Entrant may send by mobile phone the unique keywords (Refer to the promotional posts/ads, mobile broadcasts and eblasts for the unique mobile keywords) as an SMS text message to the SMS shortcode 444222 (“SMS Entry”) during the Sweepstakes Period that mobile entry is acceptable [November 9 – December 2]. Standard carrier-messaging and data charges may apply to each text message sent and received. SMS Entrants will receive a confirmation SMS text message on their mobile phone. All mobile Entrants must have a text messaging two-way capable phone and SMS service in order to enter the Sweepstakes using the text messaging method. Text messaging may not be available in all areas. If Entrant is a minor (as defined by Entrant’s state of primary residence), Entrant must obtain permission from a parent or legal guardian to enter via SMS Entry. By entering via SMS Entry, Entrant grants consent to be contacted by mobile phone should Entrant be selected as a potential Winner;
(C) “Entry” shall mean and refer to each online and mobile entry. Sponsor is not responsible for lost, late, illegible, incomplete, mutilated, undelivered, or misdirected Entry information. Upon submission, all Entries (subject to your rights in the Personal Data (defined below) shall become the exclusive property of the Sponsor and will not be acknowledged or returned.
For Facebook, only one (1) entry per giveaway post or ad per person will be eligible and only one (1) entry per unique mobile keyword. For Instagram, multiple entries are allowed (refer to the Instagram giveaway post).
For Facebook and Mobile: 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, 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. 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.
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.
All entries 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 in connection with the Sweepstakes, you hereby agree that Sponsor may contact you via social message or comment, email or text message regarding your submission.
On the Draw Date, three (3) grand prize winners (“Prize Winners”) will be randomly selected by Administrator from all eligible entries received during the Sweepstakes Period listed above in Section 3. Winners will be notified via Facebook, Instagram, Email or Mobile Number (depending on their method of entry) and will be given instructions on how to claim the prize on Thursday, December 3.
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.
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.
One (1) attempt will be made to contact a Winner within a seven (7) day period. If a Winner fails to respond within the seven (7) day period, or if the selected Winner cannot accept or receive the prize for any reason, or s/he is not in compliance with these Official Sweepstakes Rules, the prize will be forfeited and an alternate Winner may be selected at Sponsor’s discretion. Each Winner has thirty (30) days after acceptance to take delivery of their prize.
The verified Prize Winners shall each receive the following grand prize (the “Prize”): $500 gift card for a shopping spree at Franklin Park Mall (a gift card may be pre-determined by administrator). Approximate retail value of $500. Odds of winning a Prize depend on the number of eligible entries received during the Sweepstakes Period. If the actual value is less than the stated in these Official Sweepstakes Rules, the difference will not be awarded in cash.
All prizes in the Sweepstakes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. All prizes must be accepted as awarded. Prizes are awarded “AS IS” with no warranty, representation or guarantee, express or implied, in fact or in law, made by Sponsor or for which Sponsor shall be liable, including, without limitation, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. No cash or other substitution may be made, except by Sponsor, who reserves the right (but has no obligation) to substitute a prize (or a component thereof) with another prize (or component thereof, including cash) of equal or greater value if a prize is not available for any reason as determined by Sponsor in its sole discretion. Each Winner is solely and fully responsible for any and all costs, fees, taxes, assessments and expenses associated with prize award, redemption, receipt and use, including, without limitation, all federal, state and local taxes on the prize. Prizes will be awarded only upon successful verification that all Sweepstakes requirements have been met, including, eligibility, age and other claims of/information provided by a potential Winner. Unused components of a prize shall be forfeited and have no redeemable cash value. Winners must take delivery of Prize within thirty (30) days of notice of availability from Sponsor or the prize supplier, at a time and place specified by Sponsor or the prize supplier. Winner waives the right to assert as a cost of winning the Prize any and all costs of verification and redemption or travel to redeem the Prize, if any.
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 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 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.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO DISCHARGE AND RELEASE SPONSOR, ADMINISTRATOR, FACEBOOK, INSTAGRAM 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, UN-AWARDED, ELIGIBLE PRIZE CLAIMS.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SPONSOR, ADMINISTRATOR, 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.
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.
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.
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.
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: 5001 Monroe Stree, Franklin Park Mall, Toledo, OH 43623 within 30 days after the Sweepstakes ends. 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.”