"MX VS. ATV HOLIDAY" SWEEPSTAKES
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. MANY WILL ENTER THIS SWEEPSTAKES, BUT FEW WILL WIN.
The “MX VS. ATV HOLIDAY” SWEEPSTAKES (“Sweepstakes”) starts at 12:01 a.m. Central Time (“CT”) on November 5, 2009 and ends at 11:59 p.m. (CT) on December 25, 2009 (“Entry Period”). The sponsors of this Sweepstakes are Genesco Inc. D/B/A Journeys (“Journeys”), 1415 Murfreesboro Road, Nashville, TN 37202 and THQ, Inc., 29903 Agoura Road, Agoura Hills, CA 91301 (collectively the “Sponsors”). The Sweepstakes shall be subject to these Official Rules, and by entering, all participants agree to be bound by the terms and conditions herein.
ELIGIBILITY: SWEEPSTAKES IS OPEN ONLY TO LEGAL RESIDENTS OF THE FIFTY (50) UNITED STATES AND DISTRICT OF COLUMBIA, EIGHTEEN (18) YEARS OF AGE OR OLDER AS OF ENTRY DATE. THIS SWEEPSTAKES IS VOID OUTSIDE THE AREA SPECIFIED ABOVE AND WHERE PROHIBITED BY LAW. Employees and their immediate family members (spouses, parents, siblings and children) of Sponsors, Mia Brown & Co., LLC D/B/A MBC Promotions, West Coast Marketing, a division of The Susquehanna Hat Company (“West Coast Marketing”), their respective affiliates, subsidiaries, parent companies and agencies (collectively, the “Promotion Parties”) and those living in the household of same whether related or not are not eligible to enter or win. A prize won by an entrant who is at least eighteen (18) years of age but considered a minor in his or her legal jurisdiction of residency (“Minor”) will be awarded in the name of said Minor’s parent or legal guardian.
HOW TO ENTER: During the Entry Period you may enter via the Internet by logging onto http://www.journeys.com (the "Entry Site") and following the Sweepstakes entry directions, providing your first and last name, street address (no P.O. boxes), city, state, zip code, daytime telephone number, date of birth and e-mail address (“Online Entry”). ONLY ONE (1) ONLINE ENTRY PER PERSON, HOUSEHOLD ADDRESS AND E-MAIL ADDRESS PER DAY WILL BE ACCEPTED. ALL ONLINE ENTRIES MUST BE RECEIVED BY 11:59 P.M. (CT) ON DECEMBER 25, 2009. Sponsors have the sole discretion to determine the valid and official entry time should any discrepancies of time occur.
The Promotion Parties, their respective affiliates, subsidiaries, parent corporations, and their respective officers, directors, shareholders, employees and agents, and any and all Internet server(s) and access provider(s), and each of their respective affiliates, subsidiaries, parent corporations and advertising and promotional agencies, and all of their officers, directors, shareholders, employees and agents (collectively, “Releasees”) are not responsible for any incorrect or inaccurate entry information;human errors; technical malfunctions; failures, omissions, interruptions, deletions or defects of any telephone network, computer online systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in the Sweepstakes; inability to access the Entry Site or any web pages thereof; theft, tampering, destruction, or unauthorized access to, or alteration of, entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction, or traffic congestion on telephone lines or the Internet or any web site (including the Entry Site) or for any other reason whatsoever; typographical, printing, or other errors; or any combination thereof. Proof of entering information at the Entry Site is not considered proof of delivery or receipt. Illegible, incomplete, mechanically reproduced, and entries in excess of the number stated above from any one (1) valid e-mail address, household address and/or person will be disqualified. All entries become the property of Sponsors and will not be acknowledged or returned. False, fraudulent, or deceptive entries or acts shall render entrants ineligible. By entering the Sweepstakes, entrants affirm that they have read and accepted these Official Rules. The Sweepstakes shall be governed by and construed in accordance with the laws of the United States. By entering the Sweepstakes, entrants hereby submit to the jurisdiction and venue of the federal and state courts of Los Angeles, California United States and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. The information obtained via the Online Entry will be used by Sponsors and their respective affiliates for marketing purposes. Sponsors and their respective affiliates would like to use this information to contact you either by mail or email with updates about special promotions or offers. If you prefer not to receive updates please indicate such preference in your entry. Any information collected by registering to enter the Sweepstakes shall be used only in a manner consistent with these Official Sweepstakes Rules and with the Journeys Privacy Policy, which can be found at the Entry Site.
WINNER SELECTION: Winners will be selected in a random drawing on or about January 7, 2010 by West Coast Marketing, an independent judging organization, whose decisions are final in all matters relating to this Sweepstakes. All prizes will be awarded. Grand Prize winner willbe notified by e-mail, certified mail, and/or telephone by January 21, 2010. Grand Prize winner (or Grand Prize winner’s parent or legal guardian if Grand Prize winner is a Minor) will be required to execute and return a notarized Affidavit of Eligibility/Release of Liability and (except where prohibited) Publicity Release form and a completed IRS W-9 form within ten (10) days of date of issuance. Grand Prize winner’s travel companion (or Grand Prize winner of majority age if travel companion is the minor child or ward of the Grand Prize winner) will also be required to execute and return a Release of Liability form within this same deadline. Failure to return all required forms in this ten (10) day time period may result in the Grand Prize winner being disqualified and an alternate winner selected. A Minor will not be allowed to participate in any portion of Grand Prize travel without being accompanied by his or her Grand Prize winning parent or legal guardian.
First Prize winners will be notified within sixty (60) days of the drawing date with the delivery of their prize via mail or other delivery service determined at the sole discretion of the Sponsors or their designee. If any prize notification or prize is returned as undeliverable for any reason, it will be awarded to an alternate.
All federal, state and local tax liabilities, if any, are the responsibility of the winners. Acceptance of a prize constitutes permission (except where prohibited) to use the winner's name, likeness, picture, voice, biographical information and statements for publicity, advertising, trade and promotional purposes in any and all media now known or hereafter discovered, worldwide and on the Internet and World Wide Web, without additional compensation or limitation of any kind.
PRIZES: GRAND PRIZE (one [1] will be awarded): The Grand Prize shall consist of a trip (“Trip”) for the GrandPrize winner and one (1) travel companion (“Guest”) to Las Vegas, NV (“Las Vegas”). The Trip includes (i) round trip coach-class air transportation for two (2) individuals to Las Vegas from the major U.S. gateway airport nearest the winner’s hometown; (ii) three (3) consecutive nights and four (4) consecutive days of standard double occupancy hotel accommodations in a Las Vegas hotel (“Hotel”) selected by Sponsors; (iii) two (2) VIP tickets or admission for two (2) to the AMA Supercross Finals in Las Vegas, NV on May 8, 2010 (“Event”); (iv) round trip ground transportation for two (2) between Hotel and Event; (v) one (1) video game console* (manufacturer, model and platform to be determined by THQ in its sole discretion); (vi) two (2) copies of the “MX vs. ATV Reflex” video game* on a video game platform to be determined by THQ in its sole discretion; (vii) one (1) Journeys gift card in the amount of $250.00 (subject to all gift card redemption terms and conditions available at www.journeys.com and (viii) a check in the amount of $200. The total approximate retail value (“ARV”) of the Grand Prize is three thousand, one hundred and twenty U.S. dollars ($3,120.00). The actual value of the Grand Prize may vary depending on city of departure, date and times of travel, airfare fluctuations and Hotel charges at the time of travel. Any difference between actual value and stated ARV will not be awarded. Travel is subject to the restrictions and conditions set forth below. If Grand Prize winner is unable to travel during the dates specified by Sponsors and necessary to attend the Event in the sole discretion of Sponsors, the prize will be forfeited in its entirety and an alternate winner may at Sponsors’ sole discretion be selected.
Grand Prize Winner and Guest must comply with all Event rules and regulations. Failure to do so will result in forfeiture of such portion of prize. All tickets are subject to certain terms and conditions specified by issuer. Event seat locations will be determined by Sponsors. Any other costs associated with Grand Prize receipt and/or use that are not expressly stated above as being provided are not. Such costs may include, without limitation, any additional ground transportation, any unspecified state or local taxes or government surcharges or fees, trip and travel insurance and premiums, excursions, meals, drinks, incidentals, gratuities, telephone calls, charges for changing dates or other personal costs and expenses not specified herein as being provided and are the sole responsibility of the Grand Prize winner and his/her Guest. All travel arrangements are to be administered by Sponsors or their designee. Grand Prize winner and his/her Guest will be required to travel together on identical itineraries including the same departure city and date, destination and return date. Grand Prize winner and his/her Guest will each be required to provide and are responsible for obtaining any necessary travel documents at time of travel. If Grand Prize winner is of legal age of majority or older in the legal jurisdiction in which he or she resides and elects to travel or partake in the Grand Prize trip with no Guest, no additional compensation or substitution will be awarded. Air transportation and Hotel accommodations must be taken together and cannot be taken separately. No changes will be made to travel details once any element(s) of the travel arrangements have been booked except at Sponsors’ sole discretion. All airline tickets issued in conjunction with the Grand Prize are not eligible for frequent flyer miles or any other promotional benefit. No code-share flights, one-way trips or upgrades allowed. Grand Prize winner is solely responsible for any and all excess baggage charges, upgrades, taxes and any other charges incurred after or in connection with the issuance of airline tickets. Sponsors or their designee will not replace any lost or stolen tickets, travel vouchers or certificates or similar items once they are in the Grand Prize winner’s possession, or in the possession of the Grand Prize winner’s Guest. Grand Prize travel is subject to capacity controls, availability and certain other restrictions, all of which are subject to change. Unless otherwise necessitated by Sponsors, no stopovers are permitted on tickets issued as the Grand Prize; if a stopover otherwise occurs, the Grand Prize will terminate and full fare will be charged from the stopover point for the remaining trip segment(s), including the return. Once Hotel and flight arrangements have been confirmed, no changes will be allowed except by Sponsors. Any unclaimed and/or unused Grand Prize travel package elements will be forfeited by the Grand Prize Winner and will remain the property of Sponsors. Releasees are not responsible for any change in scheduling of any element of Grand Prize travel. In the event that the Event is cancelled for any reason, no additional prize element will be substituted and remainder of Grand Prize as detailed above shall constitute complete and total prize. If the Grand Prize winner’s residence is within one hundred (100) miles of Las Vegas (as determined by Sponsors), airfare portion of the Grand Prize will be forfeited and a check for $200 will be substituted.
FIRST PRIZE (twenty-five [25] will be awarded): Each First Prize consists of a copy of the “MX vs. ATV Reflex” video game*. The ARV of each First Prize is sixty U.S. dollars ($60.00).
*Specific manufacturers, models, technical specifications and platforms of prizes are subject to change at sole discretion of Sponsors.
Prizes are non-transferable, non-assignable and have no cash value. No prize substitution or cash redemption allowed by winner. Sponsors reserve the right to substitute prize of comparable value if advertised prize becomes unavailable. Prize may not be sold, bartered or exchanged by winner.
All prizes are provided "as is" and without any warranty of any kind. Limit one (1) prize per household/family. By accepting prize, each winner acknowledges compliance with these Official Rules.
The total approximate retail value of the prizes to be awarded in this Sweepstakes is four thousand, six hundred and twenty U.S. dollars ($4,620.00). The odds of winning a prize are determined by the total number of eligible entries received.
LIMITATIONS ON LIABILITY: RELEASEES SHALL NOT BE LIABLE TO ANY WINNER, POTENTIAL WINNER OR ANY OTHER PERSON FOR FAILURE TO SUPPLY THE PRIZE OR ANY PART THEREOF, BY REASON OF ANY ACTS OF GOD, ANY ACTION(S), REGULATION(S), ORDER(S) OR REQUEST(S) BY ANY GOVERNMENTAL OR QUASI-GOVERNMENTAL ENTITY (WHETHER OR NOT THE ACTION(S), REGULATION(S), ORDER(S) OR REQUEST(S) PROVE(S) TO BE INVALID), EQUIPMENT FAILURE, TERRORIST ACTS, EARTHQUAKE, WAR, FIRE, FLOOD, EXPLOSION, UNUSUALLY SEVERE WEATHER, HURRICANE, EMBARGO, LABOR DISPUTE OR STRIKE (WHETHER LEGAL OR ILLEGAL), LABOR OR MATERIAL SHORTAGE, TRANSPORTATION INTERRUPTION OF ANY KIND, WORK SLOW-DOWN, CIVIL DISTURBANCE, INSURRECTION, RIOT, OR ANY OTHER CAUSE BEYOND SPONSORS’ SOLE CONTROL. RELEASEES SHALL NOT BE RESPONSIBLE FOR ANY CANCELLATIONS, DELAYS, DIVERSIONS OR SUBSTITUTIONS OR ANY ACT OR OMISSIONS WHATSOEVER BY THE AIR CARRIER(S), OR OTHER TRANSPORTATION COMPANIES OR ANY OTHER PERSONS PROVIDING ANY OF THE SERVICES AND ACCOMMODATIONS TO PASSENGERS IN CONNECTION WITH THE FULFILLMENT OF THE PRIZE, INCLUDING ANY RESULTS THEREOF SUCH AS CHANGES IN SERVICES OR ACCOMMODATIONS NECESSITATED BY SAME. RELEASEES SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO BAGGAGE.
GENERAL: ENTRANTS RELEASE AND WAIVE ANY CLAIMS THEY MAY HAVE AGAINST RELEASEES FOR ANY AND ALL INJURIES, DEATH, CLAIMS, DAMAGES, LOSSES, COSTS, OR EXPENSES OF ANY KIND (INCLUDING WITHOUT LIMITATION ATTORNEY’S FEES) RESULTING FROM PARTICIPATION IN THIS SWEEPSTAKES, ACCEPTANCE, USE, OR MISUSE OF ANY PRIZE OR ELEMENT THEREOF, OR INABILITY TO USE A PRIZE OR ANY PART THEREOF, INCLUDING WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY.
If for any reason this Sweepstakes is not capable of running as planned, or if this Sweepstakes or any web site associated therewith (or any portion thereof) becomes corrupted or does not allow the proper playing of the Sweepstakes and processing of entries in accordance with these rules, or if infection by computer virus, bugs, tampering, unauthorized intervention, actions by entrants, fraud, technical failures, or any other causes, in the Sponsors’ sole opinion, corrupts or affects the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, the Sponsors reserve the right, at their sole discretion, to disqualify any individual implicated in such action and/or to cancel, terminate, modify, or suspend this Sweepstakes or any portion thereof. In the event this Sweepstakes is cancelled, the Sponsors will conduct a random drawing to award allprizes from among all eligible, non-suspect on-line entries received prior to the time of the action or event warranting such cancellation. If suchcancellation, termination, modification, or suspension occurs, notification will be posted at the Entry Site. Any attempt by an entrant or any other individual to deliberately damage any web site (including the Entry Site) or undermine the legitimate operation of the Sweepstakes is a violation of criminal and/or civil laws and should such an attempt be made, the Sponsors reserve the right to seek damages and other remedies from any such person to the fullest extent permitted by law. If a dispute arises about who submitted an entry on the Entry Site, the entry will be deemed submitted by the authorized account holder of the e-mail account entered. The authorized account holder is deemed the natural person who is assigned to an e-mail address by an Internet access provider, service provider, or other online organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. A potential winner may be requested to provide the Sponsors with proof that the potential winner is the authorized account holder of the e-mail address associated with the winning entry and that all eligibility requirements are met.
NOTE: Online Entry must be made by the entrant, only at the Entry Site. Entries made by any other individual or any entity, and/or originating at any other web site or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device or computer software to automate the entry process is prohibited.
WINNERS LIST: For an Official Winners List (available after February 10, 2010), or a copy of these Official Rules, send a self-addressed, stamped envelope to: “MX VS. ATV HOLIDAY” SWEEPSTAKES (please specify Official Winners’ List or Official Rules), PO Box 56436, Sherman Oaks, CA, 91413. Residents of Vermont may omit the return postage on their request. Official Rules are also available during the Entry Period at the Entry Site.
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