Official Sweepstakes Rules-Holiday Text to Win Promotion 2018
NO PURCHASE NECESSARY TO ENTER OR WIN. THE PURCHASE OF ANY GOOD(S)
OR SERVICE(S) WILL NOT INCREASE YOUR CHANCES OF WINNING.
THIS SWEEPSTAKES IS SUBJECT TO FEDERAL, STATE, AND LOCAL REGULATIONS
AND LAWS AND VOID OUTSIDE THE UNITED STATES AND WHEREVER
PROHIBITED OR RESTRICTED.
THIS SWEEPSTAKES IS IN NO WAY SPONSORED, ENDORSED, ADMINISTERED
BY OR ASSOCIATED WITH FACEBOOK OR INSTAGRAM.
1. SPONSOR. This Sweepstakes is sponsored by The Shoppes at Grand Prairie (“Sponsor”).
2. SWEEPSTAKES PERIOD. The Sweepstakes begins on Thursday, November 1, 2018 when
the first promotion post has been published to our social pages(s) or advertising and ends on
Friday, December 14, 2018 at 11:59 pm (the “Sweepstakes Period”). All “Entries” (as defined in
Paragraph 5 hereof) must be received during the Sweepstakes Period. The Sponsor’s computer
(or that of its designee for this sweepstakes) is the official time keeping device for online Entry
into the Sweepstakes. For purposes of these Official Sweepstakes Rules, all times and days are
Central Standard Time.
3. ELIGIBILITY. The Sweepstakes is open to all legal residents of the United States of America
and the District of Columbia (“Sweepstakes Territory”) who are 18 years of age or older as of
the beginning of the Sweepstakes Period. Each person submitting an Entry in this Sweepstakes
is an “Entrant.” All Entries by Entrants under 18 years of age, must be submitted by a parent or
legal guardian on behalf of such Entrants. Participation in this Sweepstakes constitutes each
Entrant’s full and unconditional representation of their age, as well as acceptance of these
Official Sweepstakes Rules and consent to be contacted by The Shoppes at Grand Prairie by
email or telephone. Employees of the Sponsor, its parent, subsidiaries, affiliates, and all
advertising agencies, printers, promotional agencies and families of each involved in this
Sweepstakes are not eligible to participate or win.
4. WINNER SELECTION. Winning Entries will be selected in a random drawing, to be
conducted within 24 hours after the drawing date, from among all eligible Entries received by the
5. HOW TO ENTER. Only one (1) entry per person and per mobile phone account will be
eligible. A winning Entry (the “Winner”) will be selected from all validly submitted Entries as
described in Paragraph 4. Entrant may enter the Sweepstakes during the Sweepstakes period in
(a) By SMS Text: Entrant may send by mobile phone, the keyword “CANDY, ELF,
SNOW, GIFT, REINDEER, LIGHTS, TREE, or FAMILY” as an SMS test message to the SMS
shortcode 444222 (“SMS Entry”). Standard carrier-messaging and data charges may apply to
each text message sent and received. SMS Entrants will receive a confirmation SMS test
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
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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; or
(b) “Entry” shall mean and refer to each SMS text. Sponsor is not respons
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residence, the prize will be awarded to a parent/legal guardian of Winner who must execute and
return any required documents as noted previously in these Official Sweepstakes Rules. By
completing, signing and returning the Affidavit, a Winner (i) releases and forever discharges the
Sponsor, its affiliates and subsidiaries, and their respective advertising and promotional agencies
from all claims, demands, damages, actions and causes of action arising out of participation in
this Sweepstakes or to arise by use of the prize, (ii) confirms compliance with these Official
Sweepstakes Rules, and (iii) gives permission to the Sponsor, at its option, to publish or
otherwise use the Winner’s name, address, photograph, voice and comments, without
compensation, in any publicity carried out by the Sponsor or its respective advertising agencies,
except where prohibited by law.
11. AWARDING OF PRIZES. 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.
12. PRIZE DETAILS.
(a) Grand Prize: The one (1) Grand Prize Winner, selected at random, will receive gift cards
from key retailers totaling $1,000 (10 gift cards for $100 each). The Approximate Retail Value
(“ARV”) of the Grand Prize is $1,000 based on the face value of the gift cards totaled. If the
actual value is less than the stated ARV in these Official Sweepstakes Rules, the difference will
not be awarded in cash.
(b) Daily Prizes: The thirty (30) Daily Prize Winners, selected at random, will each receive
gift cards from key retailers totaling $250 (5 gift cards for $50 each). The Approximate Retail
Value (“ARV”) of the Daily Prize is $250 based on the face value of the gift cards totaled. If the
actual value is less than the stated ARV in these Rules, the difference will not be awarded in
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13. TAXES. Any valuation of the Prizes stated above is based on available information
provided to the Sponsor. The value of the Prizes will be taxable to Winners as income. All
federal, state and local taxes and any other costs and expenses associated with the acceptance
and/or use of Prizes not specifically provided for in these Official Sweepstakes Rules are solely
the Winner’s responsibility. Winners are solely responsible for reporting and paying any and all
applicable taxes. Any residents of the 50 United States that win $600 or more in Prizes will have
income reported to them on IRS Form 1099, as required under IRS rules and a copy of said form
will be sent to the IRS. Any Prize awarded above the threshold shall require the Winner to
provide the Sponsor with valid identification and a signed Form W-9 with a valid taxpayer
identification number or social security number before any Prize will be awarded. Entrant must
contact his/her own tax advisor for any questions concerning taxes.
14. PUBLICITY. Except where prohibited by law, participation in the Sweepstakes constitutes
Winners’ consent to Sponsor’s (and its designees’, successors’ and assigns’) use of Winner’s
name, biography, likeness, voice, photographs, video, opinions, statements, hometown, state and
country for promotional purposes in any manner or media (including, without limitation, online),
worldwide, in perpetuity, and without further payment, consideration, notice, review or consent.
15. INDEMNIFICATION. By entering the Sweepstakes, ENTRANTS AND EACH WINNER
AGREE TO FOREVER RELEASE, INDEMNIFY AND HOLD HARMLESS SPONSOR,
FACEBOOK AND/OR INSTAGRAM, SPONSOR’S PARENT COMPANIES, MANAGING
AGENTS, SUBSIDIARIES AND AFFILIATES, AND THEIR RELATED PARTIES, AND
EACH OF THE FOREGOING ENTITIES’ RESPECTIVE OFFICERS, DIRECTORS,
EMPLOYEES, REPRESENTATIVES AND AGENTS OF EACH (COLLECTIVELY, THE
“RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL LIABILITY
WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY
KIND ARISING OUT OF OR IN CONNECTION WITH ENTRANT’S PARTICIPATION IN
THE SWEEPSTAKES, OR DOWNLOADING OR ACCESSING OF ENTRY MATERIALS,
OR THE ACCEPTANCE, POSSESSION OR USE/MISUSE OF ANY PRIZE AWARDED
HEREIN, ANY SERVICES PROVIDED BY PARTIES OTHER THAN THE SPONSOR IN
CONNECTION WITH THE PRIZE AWARDED, OR PARTICIPATION IN ANY PRIZERELATED
ACTIVITY (INCLUDING, WITHOUT LIMITATION, CLAIMS, COSTS,
INJURIES, LOSSES OR DAMAGES RELATED TO PERSONAL INJURIES, DEATH,
DAMAGE TO, LOSS OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR
PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT). Entrants and each
Winner further covenant not to sue Sponsor or any of the other Released Parties and hereby
acknowledge that neither Sponsor nor any Released Party has made or is in any manner
responsible or liable for any warranty, representation or guarantee, express or implied, in fact or
in law, relative to the Sweepstakes or the Prizes.
16. LIMITATIONS OF LIABILITY. The Released Parties are not responsible for: (1) any
incorrect or inaccurate information, whether caused by Entrants, printing errors or by any of the
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persons or property which may be caused, directly or indirectly, in whole or in part, from an
Entrant’s participation in the Sweepstakes or receipt or use or misuse of any Prize; or (6)
undeliverable emails. 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 at the discretion of the Sponsor.
17. DISPUTES. Entrants and each Winner agree that: (1) any and all disputes, claims and causes
of action arising out of or connected with this Sweepstakes or any Prize awarded shall be
resolved individually, without resort to any form of class action, and exclusively by the Illinois
courts (state and federal); (2) any and all claims, judgments and awards shall be limited to actual
out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no
event attorneys’ fees; and (3) under no circumstances will an Entrant or a Winner be permitted to
obtain awards for, and each Entrant and Winner hereby waives all rights to claim, indirect,
punitive, incidental and consequential damages and any other damages, other than for actual outof-pocket
expenses, 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 ENTRANT. All issues and questions concerning the construction,
validity, interpretation and enforceability of these Official Sweepstakes Rules, or the rights and
obligations of the Entrants, the Winners and Sponsor in connection with the Sweepstakes, 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 (whether of the State of Illinois or any other
jurisdiction), which would cause the application of the laws of any jurisdiction other than the
State of Illinois.
18. TERMINATION; MODIFICATION. In the event Sponsor is prevented from continuing with
the Sweepstakes as a result of lack of feasibility of the Sweepstakes, compromised integrity of
the Sweepstakes, infection by computer virus, unauthorized intervention, technical failures, or
any other causes beyond Sponsor’s control, Sponsor may, within its sole discretion, cancel,
terminate, modify, or suspend the Sweepstakes. If Sponsor elects to abbreviate the Sweepstakes
as a result of such an event, Sponsor may award the prizes from among all valid and eligible
Entries received up to the time of such event. In no event will more prizes be awarded than stated
in these Official Sweepstakes Rules.
19. GENERAL CONDITIONS. Any individual found to be tampering with the entry process or
the operation of the Sweepstakes or to be acting in violation of these Official Sweepstakes Rules
or in an unsportsmanlike or disruptive manner, at Sponsor’s sole discretion, may be disqualified
and 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 Sweepstakes Rules shall not constitute a waiver of that provision.
Potential Winners may be required to provide Sponsor with proof that he/she is the authorized
account holder of the e-mail address associated with the winning Entry. Proof of submitting
Entries will not be deemed to be proof of receipt by Sponsor.
20. WINNERS’ LIST. For a list of the Winners’ names (available after the Sweepstakes ends)
and/or a copy of these Official Sweepstakes Rules, send a hand-printed, self-addressed, stamped
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envelope to The Shoppes at Grand Prairie, 5201 W. War Memorial Drive, Suite 322, Peoria, IL
61615 within three (3) days after the Sweepstakes ends.
21. SPONSOR. The sponsor of the Sweepstakes and the address at which the Sponsor may be
contacted is: The Shoppes at Grand Prairie, 5201 W. War Memorial Drive, Suite 322, Peoria, IL
Official Sweepstakes Rules-Holiday Text to Win Promotion 2018