Official Rules Big 5 Sporting Goods Survey Sweepstakes

Transcription

1 Official Rules Big 5 Sporting Goods Survey Sweepstakes NO PURCHASE, PAYMENT, OR DONATION OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE, PAYMENT, OR DONATION OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. FOR PERSONS WHO ENTER THIS SWEEPSTAKES, THESE RULES GOVERN ALL ASPECTS OF PARTICIPATION AND PRIZE AWARD. SWEEPSTAKES PRIZES WILL BE AWARDED SUBJECT TO THESE RULES. 1. Introduction. This Big 5 Sporting Goods Survey and Sweepstakes (this "Sweepstakes") is sponsored by Big 5 Corp., d/b/a Big 5 Sporting Goods ( Sponsor ), located at 2525 East El Segundo Boulevard, El Segundo, California From among all eligible entries received, winners will be selected at random as described herein for the following prizes: (a) Two (2) separate prizes consisting of a red, 16GB ipod Touch (a Grand Prize ). The Grand Prize has an approximate retail value of two hundred forty-nine dollars s ($249.00). By participating in the Sweepstakes, each entrant fully and unconditionally agrees to be bound by and accepts these Official Rules and the decisions of Sponsor (including, without limitation, decisions regarding eligibility of entries, the selection of entrants and the winner, and the awarding of the prize), which are final and binding in all respects. This Sweepstakes is subject to all applicable federal, state and local laws and regulations. 2. Timing. This Sweepstakes begins on the date that an is sent out commencing the start of this Sweepstakes and ends on April 21, 2016 at 11:59 p.m. Pacific Time ("Entry Period"). Sponsor may select the official time keeping device for this Sweepstakes in its sole and absolute discretion. All entries must be received during the Entry Period. No exceptions. 3. Eligibility. This Sweepstakes is open to legal residents of the 48 contiguous United States (including the District of Columbia) who are at least eighteen (18) years of age or older at the time of entry. Employees, officers and directors of Sponsor and their respective parents, subsidiaries, and agents, as well as the immediate family (defined as parents, spouses, children, siblings and grandparents) and household members of each such employee, officer and director, are not eligible. By participating, entrant agrees to abide by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. All applicable federal, state, and local laws apply. This Sweepstakes is void where prohibited. 4. To Enter. a. Enter Via Sponsor s E-Team or Sponsor s Website: During this Sweepstakes Period if you are a member of Big 5 s E-Team

2 list (which requires that you sign up for the same), then you may receive an notifying you of this Sweepstakes. Alternatively, whether you are an E-Team subscriber or not, you may visit sponsor s website, In either event, follow the links and instructions to complete the registration. Complete and submit the survey including a valid address. If you answer all of the survey questions, then you automatically will receive one (1) entry into this Sweepstakes (each, an E-Team Entry ). b. Enter Via Other Means: During this Sweepstakes Period you may receive notice of this Sweepstakes by means other than as described in Section 4a above. In that event, follow the links and instructions to complete and submit the survey including a valid address. If you answer all of the survey questions, then you automatically will receive one (1) entry into this Sweepstakes (each, a Standard Entry ). c. Mail-In: If you do not wish to fill out a survey or to enter by other means identified within these Official Rules, you may enter the Sweepstakes by mail during the Entry Period, by hand printing your complete name, street address (no P.O. Boxes), city, state, zip code, plus daytime and evening telephone numbers and address on a plain piece of 3 x 5 paper. You must list either a telephone number or address. Winner will only be notified by telephone or . Failure to comply with this or any other Official Rule will result in disqualification. Mail your entry in a hand addressed, business-size (#10) envelope with first-class postage affixed, to: Big 5 Sporting Goods Survey Sweepstakes, Attention: ETeam Marketing Sweepstakes, 2525 East El Segundo Boulevard, El Segundo, CA Receipt of Entries: All entries must be received electronically by Sponsor prior to expiration of this Sweepstakes Period. All entries become the exclusive property of Sponsor, and none will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. Sponsor is not responsible for lost, late, incomplete, incorrect, invalid, unintelligible, illegible, misdirected, stolen or improperly submitted entries, which will be disqualified. 6. Limit: Each entrant may submit one (1) entry per day by any method or combination of methods of entry. Each entrant may submit one (1) entry per address over the entire course of this Sweepstakes. Multiple entrants are not permitted to share the same address. Any attempt by any entrant to obtain more than the stated number of entries by using multiple/different addresses, identities, registrations and logins, or any other methods will void that entrant's entries and that entrant may be disqualified. Use of any automated system to participate is prohibited and will result in disqualification. In the event of a dispute as to any registration, the authorized account holder of the address used to register will be deemed to be the registrant or player. The authorized account holder is the natural person assigned an address by an Internet access provider, online service provider or other organization responsible for assigning addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder. Notwithstanding the foregoing, in distributing prizes, Sponsor is entitled to rely on all

3 communications sent from (or appearing to be sent from) the winning address even if such communications are not actually sent by the authorize account holder. 7. Selection of Potential Winner. All potential winners must comply with these Official Rules and winning is contingent upon fulfilling all requirements. If an eligible entry is selected for a prize, then the entrant will be notified via sent to the entrant s address submitted with the entry ( Prize Notice ). To claim the prize, the entrant will have ten (10) days from the date that Sponsor sent the Prize Notice to respond to Sponsor via in accordance with the instructions in the Prize Notice ( Prize Claim Notice ). Entrant s Prize Claim Notice must include a valid postal address in the continental United States where Sponsor should send the prize. No more than one (1) prize will be sent to any particular postal address. Except where prohibited, Sponsor may require that each potential winner execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release in order to claim his/her prize. If a potential winner cannot be contacted, if he/she fails to give the Prize Claim Notice, if he/she fails to sign and return the Affidavit of Eligibility, Liability and Publicity Release within the required time period, or a prize or Prize Notice is returned as undeliverable, an alternate entrant will be selected at random from among all eligible entries received. There will be three (3) alternate drawings for each prize, after which the prize will remain un-awarded. 8. Prizes. Two (2) Grand Prize winners will be selected subject to the terms of these Official Rules. Each winner for each prize will be selected at random from among all entrants. The winners selected will be awarded one (1) Grand Prize. As more particularly described above, if one or more prizes are not claimed by a valid Prize Claim Notice after selection and Prize Notice or if a particular prize is otherwise not awarded due to non-compliance by the entrant with these Official Rules, then Sponsor will select another winner for such prize from the remaining eligible entries (if multiple prizes remain unclaimed, then a winner for each such prize will be selected in the foregoing order). Odds of winning each prize depend on the number of entries received during the Entry Period. Prizes are nontransferable, nonassignable, nonnegotiable, and not redeemable for cash or credit. Prizes may not be returned or exchanged in stores and are given as-is. Prizes must be accepted as awarded. One prize per person or household. Sponsor reserves the right to substitute prize of equal or greater value if advertised prize is unavailable. No other substitution or transfer of prize permitted. Prizes consist of only those items specifically listed as part of the prize. Taxes and fees, if any, are the sole responsibility of winners. Prizes may be subject to reporting for tax and other purposes. Winners should consult their tax advisers with respect to any applicable taxes relating to any prize. Additional terms and limitations on returns may apply in Sponsor s sole and absolute discretion, subject to applicable law. 9. Publicity. Except where prohibited, participation in this Sweepstakes constitutes winner's agreement and consent to Sponsor s and its designees use of winner's name, city, state, province, voice, likeness, photo, biographical and/or prize information for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including television, radio, mobile media and the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law. Nothing shall obligate Sponsor to so use or engage in any of the foregoing.

4 10. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend this Sweepstakes should virus, bugs, unauthorized human intervention, technical failures or any other factor beyond Sponsor s reasonable control corrupt the administration, security, fairness, integrity or proper operation of this Sweepstakes. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it believes to have tampered with the entry process or the operation of this Sweepstakes or to be acting in violation of these Official Rules or any other Sweepstakes, or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor s Web site or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, 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. 11. Release. Sponsor and its agents, affiliates and advertising and promotion agencies (a) make no warranty, guaranty or representation of any kind outside those written in these Official Rules, (b) disclaim any implied warranty; and (c) are not in any way responsible or liable for damage, loss or injury resulting from acceptance and use of a prize. Winner assumes liability for injuries or damages of any kind caused or claimed to be caused by participating in the Sweepstakes, or by the acceptance, possession or use of any prize. By entering, each entrant forever and irrevocably releases, indemnifies and holds harmless Sponsor and its designees, and their respective parents, subsidiaries and affiliates, agents, officers, directors, shareholders, advertising and promotion agencies, Sweepstakes partners and prize suppliers from and against all claims, injuries, damages, losses or liabilities arising in whole or in part, directly or indirectly, from entrant's participation and/or entry in the Sweepstakes and/or entrant's award, receipt or use of any prize awarded in the Sweepstakes. 12. Limitations of Liability. Without limiting the generality of the foregoing, by entering this Sweepstakes, each entrant agrees that the Released Parties are not responsible for, and are thereby released from liability in connection with: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in this Sweepstakes (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or this Sweepstakes; (4) technical or human error which may occur in the administration of this Sweepstakes or the processing of entries; or (5) late, lost, undeliverable, damaged or stolen mail (or other communication, such as ); or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in this Sweepstakes, receipt or use or misuses of any prize, or from downloading any material from any Released Party s Web site(s) (including social media websites), regardless of whether the material was prepared by Sponsor or a third party, and regardless of whether the material is connected to Sponsor's web site by a hypertext link. 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 this Sweepstakes, provided that if it is not possible to

5 award another entry due to discontinuance of this Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered herein. No more than the stated number of prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than 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, unawarded, eligible prize claims. 13. Disputes. By entering this Sweepstakes, each entrant agrees that: (1) any and all disputes, claims, and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively in Los Angeles County, California and shall not in any event be brought against any of the Released Parties; (2) any and all claims, judgments and awards shall be limited to the lesser of $ or the actual out of pocket costs incurred to submit an eligible entry for this Sweepstakes, but in no event any attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses as described above, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION 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 entrant, Sponsor and/or Released Parties in connection with this Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. 14. Data Collection. Sponsor may collect personal information from you when you enter this Sweepstakes. The information collected is subject to Sponsor s Privacy Policy, located at: Governing Law. This Sweepstakes and these Official Rules will be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. 16. Termination of Sweepstakes. Sponsor reserves the right to modify, cancel, suspend or terminate the Sweepstakes in whole or in part, at any time. Should the Sweepstakes be terminated prior to the stated expiration, notice will be posted 17. Severability. 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. 18. Winner's List/Official Rules. For Winner List and a set of Official Rules, send 19. a self-addressed, stamped envelope to: Big 5 Sporting Goods Survey Sweepstakes Attention: Marketing

6 2525 East El Segundo Boulevard El Segundo, CA Requests must be received by August 31, 2016 (or such other date as may otherwise be required by law). Residents of Vermont (and any other jurisdiction that requires the same by law) may exclude return postage for Official Rules.