Autumn Harvest Festival Sweepstakes Official Rules
1. NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OF ANY KIND DOES NOT IMPROVE YOUR CHANCES OF WINNING. ALL FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. SPONSOR: Sweepstakes is sponsored by South Coast Plaza, 3333 Bristol Street, Costa Mesa, CA 92626 (“Sponsor”). Sweepstakes is not sponsored, endorsed or administered by, or associated with, Instagram. South Coast Plaza® is a registered trademark of South Coast Plaza.
3. ELIGIBILITY: Sweepstakes open to natural persons who are legal residents of the U.S., 18 years of age or older as of the opening of the Entry Period, and have read and accepted these Official Rules. Employees of Sponsor and their immediate family members (including mother, father, sister, brother, daughter, son or spouse), regardless of where they live; or persons who reside in the same household, whether related or not, are not eligible. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to Sweepstakes. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. ENTRY PERIOD: Sweepstakes begin Wednesday, September 13, 2023 at 12:00 p.m. Pacific Time and ends Wednesday, September 20, 2023 at 12:00 p.m. Pacific Time (the “Entry Period”). All times determined by Sponsor’s clock.
5. HOW TO ENTER: Persons who meet the eligibility requirements and have read and accepted these Official Rules may enter by taking these steps: To enter:
1. Follow @southcoastplaza on Instagram.
2. Like the giveaway post and comment under the giveaway post.
3. In the comment, tag a friend. (NO limit on entries, the more times you TAG the more entries you get)
4. Your comment(s) with a tag(s) is your entry + you must be following @southcoastplaza on Instagram
One (1) Prize winner will be announced in the comments around 6:00 p.m. Pacific Time at the end of the Entry Period. Prize winners must respond within two (2) hours of receipt of Instagram Direct Message or comment. See details in paragraph 9 below.
If you do not have an Instagram account, visit https://www.instagram.com and register in accordance with the enrollment instructions for a free Instagram account. Instagram terms and conditions will apply, see https://instagram.com/about/legal/terms/.
6. ENTRY CONTENT LIMITATIONS: Entries may not contain, and Sponsor may remove or disqualify in its sole discretion at any time, any entry containing content it deems inappropriate or unsuitable, including without limitation any offensive, indecent, profane, obscene, hateful, illegal, tortious, defamatory, violent, threatening or harassing content. Entries must be suitable for public viewing by all ages and in keeping with Sponsor’s image. Entries must not contain viruses or any other computer code that may damage or interfere with any computer or system, or intercept or collect any data. Entries may not contain content for which you were or expect to be compensated or granted any benefits by any other person or entity. Sponsor may disqualify or remove entries at any time in its sole discretion.
7. PRIZES: One (1) prize winner will receive one (1) Mooncake Gift Set, Approximate Retail Value (“ARV”) $88. ARV of all prizes is $88.
If a prize has an ARV over $600, per law, winner must give South Coast Plaza a signed W9 (with winner’s SSN) for report to IRS for tax purposes. And South Coast Plaza will be sending the winner a 1099 form.
Prizes may not be transferred, substituted or redeemed for cash except as determined by Sponsor in its sole discretion. Sponsor may substitute prize of equal or greater value due to prize availability. All prizes awarded “AS IS.” Winner responsible for all taxes and duties on prize and will provide taxpayer information to Sponsor upon request.
8. WINNER SELECTION: Winners will be selected on a random basis. One (1) prize winner will be announced in the comments around 6:00 p.m. Pacific Time at the end of the Entry Period. No individual may win more than one (1) prize in the Sweepstakes.
9. WINNER NOTIFICATION. The potential winner will be notified by direct message or a comment in the original Instagram post within 2 hours of the drawing. The potential winner must respond to the Instagram Direct Message or comment within 2 hours of receipt, and may be required to verify his/her name, age, email address, mailing address, postal address and eligibility. The potential winner may be required to return a declaration of eligibility/liability/publicity release which, unless otherwise prohibited by law, must be returned within 2 hours. If the potential winner does not respond in time, is ineligible, or does not comply with these Official Rules for any reason, or prize or prize notification is returned as undeliverable, the potential winner may be disqualified and forfeits any prize, and an alternate potential winner will be selected in the same manner.
11. USE OF ENTRIES: By submitting an entry, each entrant grants to Sponsor and all of its officers, directors, employees, affiliates, agents and successors and assigns (collectively, “Sponsor Entities”), without further consideration, the perpetual, worldwide, fully-paid, irrevocable, right and license to use, reproduce, distribute, modify, create derivative works based upon, and promote, the entry and Instagram handle, in Instagram or any other media, whether known or hereinafter discovered, for any use whatsoever, free of any claim. Entrants waive any right to inspect or approve such uses. Sponsor is under no obligation to post or use any entry. Entrant represents and warrants that the entry is original to entrant, does not include the trade secrets or confidential information of others, and does not infringe the rights of others. Entrant is solely responsible for his/her entry.
12. RELEASE: By participating in Sweepstakes, entrants agree that Sponsor Entities and Instagram have no liability or responsibility and are hereby released from any liability or responsibility for any injuries, losses or damages of any kind resulting from Sweepstakes or any prize; and to indemnify and hold harmless Sponsor Entities and Instagram against any claims of liability arising directly or indirectly in connection with Sweepstakes or any prize. By accepting prize, winner agrees, where lawful, that Sponsor Entities may use winner’s entry and Instagram handle for publication, advertising and promotional purposes without additional consideration. Each entrant expressly waives California Civil Code § 1542, or any other statute of similar import or effect, that otherwise may exclude unknown claims from this release, as follows:
I acknowledge that I am familiar with the provisions of California Civil Code § 1542, which provides as follows: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” I, being aware of said code section, hereby expressly waive any rights I may have thereunder, as well as any other statute or common law principles of similar effect.
13. ADMINISTRATION: Sponsor reserves the right in its sole discretion to cancel or modify Sweepstakes. Sponsor Entities are not responsible for any computer or human error which compromises the administration of Sweepstakes. Sponsor Entities are not responsible for any malfunctions of any telephone network, online website or service, computer equipment or software, inability to access any website or service, or any other error or malfunction, or any late, lost, incomplete, illegible or misdirected entries. If Sponsor believes there is any suspected or actual tampering with Sweepstakes or if technical difficulties impact the integrity of Sweepstakes, Sponsor may void the entries at issue and/or cancel Sweepstakes and/or modify Sweepstakes to award the prize using all eligible entries received as of the termination date. Any attempt to deliberately damage the content or operation of Sweepstakes is unlawful and subject to legal action.
14. GOVERNING LAW; DISPUTES. All issues concerning the Official Rules, Sweepstakes, or the rights and obligations of the entrant and Sponsor Entities in connection with Sweepstakes, shall be governed by the laws of the State of California, without regard to its conflict of law provisions, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act. Any dispute with Sponsor Entities arising out of or relating to Sweepstakes or the prizes will be decided only by arbitration, individually and not on a class-wide basis. Any arbitration will be administered by the American Arbitration Association and will take place in Orange County, California. Each entrant hereby waives any right to claim punitive, incidental, consequential, or other damages, or attorneys’ fees. Some jurisdictions do not allow limitations or exclusions of liability for incidental or consequential damages, so the above terms may not apply.
15. WINNER LIST; OFFICIAL RULES: For a winner list or a copy of these Official Rules, send a self-addressed stamped envelope with your request to South Coast Plaza Management Office, 3333 Bristol Street, Costa Mesa, CA 92626, Attention: South Coast Plaza Instagram Sweepstakes. During the Entry Period, these Official Rules will be posted at https://www.southcoastplaza.com/autumn-harvest-festival-sweepstakes-official-rules/. Winner’s handles will also be posted at the same website. Winner’s names will be available on or about September 20, 2023.