The following promotion is intended ... construed and evaluated according to United States laws. Do not...

The following promotion is intended for viewing in the United States only and will be
construed and evaluated according to United States laws. Do not proceed in this promotion
if you are not a legal U.S. resident of the 50 United States or the District of Columbia, 18
years or older (or legal age of majority under applicable law, whichever is older), and
accessing this promotion in the United States.
“HGTV’S HOME FOR THE HOLIDAYS” PROMOTION
OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. A
PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO
LEGAL RESIDENTS OF THE 50 UNITED STATES OR THE DISTRICT OF
COLUMBIA, 18 YEARS OF AGE OR OLDER (OR LEGAL AGE OF MAJORITY
UNDER APPLICABLE LAW, WHICHEVER IS OLDER). VOID WHERE
PROHIBITED.
1. How to Enter: Beginning at 12:01 a.m. Pacific Time (“PT”) on November 11, 2014 until
11:59 p.m. PT on December 24, 2014 (the “Promotion Period”), you may enter the “HGTV’s
Home for the Holidays” Promotion (the “Promotion”) in one of the following ways:
(i)
Text: If you have a text messaging capable device, send a text message with the
word “santahq” or “HGTV” from your handset to 36500. You will then receive a message that
includes a URL that then allows entrance into the sweepstakes. Standard text messaging and data
rates apply. You will be charged for each text message sent or received from your text messaging
capable device according to the terms in your Service Agreement with your carrier. Not available
on all carriers; or
(ii)
Online: Visit the website www.santa-hq.com or www.mallsweepstakes.com and
completing and submitting the online entry form (the “Websites”); or
(iii)
Visiting Santa HQ: Visit Santa HQ event locations at Chandler Fashion Center
(AZ), Danbury Fair Mall (CT), Deptford Mall (NJ), Flatiron Crossing (CO), Lakewood Center
(CA), Los Cerritos Center (CA), Scottsdale Fashion Square (AZ), Tysons Corner Center (VA),
Vintage Faire Mall (CA) and Washington Square (OR) (the “Promotion Locations”); or
(iv)
In Person: At a participating mall (the “Participating Malls”), listed below, visit
Guest Services/The Concierge or other designated areas in the shopping centers and complete a
paper registration form including name, address, date of birth, and email address. P.O. Boxes are
not permitted.
Mall Name
Arden Fair
Arrowhead Towne Center
The Shops at Atlas Park
Biltmore Fashion Park
Mall Address
1689 Arden Way
Sacramento, CA 95815
7700 West Arrowhead Towne Center Drive
Glendale, AZ 85308
8000 Cooper Ave
Glendale, NY 11385
2502 East Camelback Road
Phoenix, AZ 85016
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1275 Broadway Plaza
Walnut Creek, CA 94596
1855 41st Avenue
Capitola Mall
Capitola, CA 95010
201 Cascade Mall Drive
Cascade Mall
Burlington, WA 98233
3111 W. Chandler Blvd., Ste. 2142,
Chandler Fashion Center
Chandler, AZ 85226
6-J Upper Mall Walk
Cross County Shopping Center
Yonkers, NY 10704
7 Backus Avenue,
Danbury Fair Mall
Danbury, CT 06810
1750 Deptford Center Road ,
Deptford Mall
Depford, NJ 08096
7611 West Thomas Road
Desert Sky Mall
Phoenix, AZ 85075
800 North Green River Road
Eastland Mall
Evansville, IN 47715-2471
4841 N. 1st. Street
Fashion Fair
Fresno, CA 93726
5220 Fashion Outlets Way Suite 230
Fashion Outlets of Chicago
Rosemont, IL 60018
4650 North Highway 89
Flagstaff Mall
Flagstaff, AZ 86004
One W. Flatiron Circle, Ste. 1083,
FlatIron Crossing
Broomfield, CO 80021
3710 Route 9
Freehold Raceway Mall
Freehold, NJ 07728
4155 Route 31,
Great Northern Mall
Clay, NY 13041
2034 Green Acres Mall
Green Acres Mall
Sunrise Highway
Valley Stream, NY 11581
500 Inland Center
Inland Center
San Bernardino, CA 92408
15044 N. Scottsdale Rd., Suite 270,
Kierland Commons
Scottsdale, AZ 85254
5100 Kings Plaza
Kings Plaza
Brooklyn, NY 11234
120 South Hope Street
La Cumbre Plaza
Santa Barbara, CA 93105
2905 E. Skyline Drive
La Encantada
Tucson, AZ 85718
500 Lakewood Center Mall,
Lakewood Center
Lakewood, CA 90712
239 Los Cerritos Center,
Los Cerritos Center
Cerritos, CA 90703
Broadway Plaza
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Mall of Victor Valley, The
Northgate
NorthPark Mall
The Oaks
Pacific View
Panorama Mall
Paradise Valley Mall
Promenade at Casa Grande
Queens Center
Santa Monica Place
SanTan Village
Scottsdale Fashion Square
Shops at North Bridge, The
South Plains Mall
SouthPark Mall
Southridge Center
Stonewood Center
Superstition Springs Center
Towne Mall
Twenty Ninth Street
Tysons Corner Center
Valley Mall
Valley River Center
14400 Bear Valley Road
Victorville, CA 92392
5800 Northgate Drive
San Rafael, CA 94903
320 West Kimberly Road
Davenport, IA 52806-5920
222 West Hillcrest Drive
Thousand Oaks, CA 91360
3301-1 East Main Street
Ventura, CA 93003
8401 Van Nuys Blvd.
Panorama City, CA 91402
4568 East Cactus Road
Phoenix, AZ 85032
1005 N Promenade Pkwy
Casa Grande, AZ 85294
90-15 Queens Blvd.
Elmhurst, NY 11373
395 Santa Monica Place
Santa Monica, CA 90401-2350
2361 South SanTan Village Parkway
Gilbert, AZ 85296
7014-590 E. Camelback Rd.,
Scottsdale, AZ 85251
520 N Michigan Ave
Chicago, IL 60611
6002 Slide Road
Lubbock, TX 79414
4500 16th Street
Moline, IL 61265-7078
1111 East Army Post Road
Des Moines, IA 50315
251 Stonewood Street
Downey, CA 90241
6555 East Southern Avenue
Mesa, AZ 85206
1704 N. Dixie Highway
Elizabethtown, KY 42701
1710 29th Street
Boulder, CO 80301
1961 Chain Bridge Rd., Ste. 105,
McLean, VA 22102
1925 East Market Street
Harrisonburg, VA 22801-3432
293 Valley River Center,
Eugene, OR 97401
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Village at Corte Madera, The
Vintage Fair Mall
Washington Square Mall
Westside Pavilion
Wilton Mall
1618 Redwood Highway
Corte Madera, CA 94925-1224
3401 Dale Rd., Ste. 483,
Modesto, CA 95356
9585 S.W. Washington Square Rd.,
Portland, OR 97223
10800 West Pico Boulevard,
Los Angeles, CA 90064
3065 Route 50,
Saratoga Springs, NY 12866
If entering via text message, the person submitting the Promotion entry must be the authorized
account holder/user of the mobile phone number, otherwise entry shall be deemed void. In the
event of dispute over the identity of a potential winner, entries will be declared made by the
registered user of the phone number used at the time of entry, and potential winner may be
required to provide identification sufficient to show that he/she is the authorized account
holder/user of the mobile phone number submitting the entry. It is solely the responsibility of the
entrant to notify the Sponsor in writing if the entrant changes his or her phone number during the
Promotion Period.
IMPORTANT: Proof of sending a text messaging is not considered proof of delivery to or
receipt by Sponsor. You may, at any time, choose to stop participating in this Promotion by
sending an opt-out text message stating “STOP” to 36500 If you send an opt-out text message,
you will be sent a reply text message, which will provide that you have been unsubscribed and
will receive no further messages along with a link to customer support for the Sweepstakes. If
you send a text message stating “HELP” to 36500, you will be sent a reply text message, which
will include a link to customer support for the Sweepstakes.
Limit of one (1) entry per eligible person during the Promotion Period, regardless of method of
entry. Multiple participants are not permitted to share the same email address or mobile number.
Any attempt by any participant to obtain more than one (1) entry during the Promotion Period by
using multiple/different email addresses or mobile numbers, identities, registrations or logins, or
any other methods may void that participant’s entries and that participant may be disqualified
from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry
methods or agents (including, but not limited to, Promotion entry services) will void all entries
by that entrant. In the event of a dispute as to any online entry, the authorized account holder of
the email address used to enter will be deemed to be the entrant. The "authorized account holder"
is the natural person assigned 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. Potential Grand Prize Winner may be required to show
proof of being the authorized account holder.
2. Eligibility: This Promotion is open only to legal residents of the 50 United States or
District of Columbia who are 18 years of age or older (or legal age of majority in the applicable
jurisdiction, whichever is older), except employees of the Promotion Entities (as defined below),
and their respective parent companies, subsidiaries, and affiliates, and their advertising and
promotion agencies, contractors, third party vendors, suppliers, event staff, prize providers or
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manufacturers, and all local sponsors, and immediate family members (spouses, partners,
parents, siblings, children and each of their respective spouses regardless of where they live), or
members of the same household (whether related or not) of any such employees.
3. Privacy: When you enter at the Promotion Location, you may be asked to consent to
receive promotional e-mails and reminders for upcoming promotions and information about
HGTV, DIY Network, Travel Channel, Food Network, Cooking Channel (together, “Scripps
Networks”) and The Macerich Company and its subsidiaries and affiliates and the Participating
Malls (collectively, “Macerich”) products and services, including, but not limited to, text/mobile
communication. Consenting to receive such e-mails or communication is optional and does not
have to be agreed to in order to be eligible to enter the Promotion and does not improve your
chances of winning. In the event you do consent to receive these e-mails or communications, the
use of such e-mails or communication shall be subject to the privacy policy of Scripps Networks,
LLC
and
Macerich
(the
“Privacy
Policies”),
which
is
available
at
http://www.scrippsnetworks.com/privacy.aspx and http://www.macerich.com/privacy.aspx Any
information you submit as part of the Promotion will be treated in accordance with the Privacy
Policies. Except where prohibited, participation in this Promotion and/or acceptance of prize
constitutes entrants' consent to allow Macerich, Scripps and their promotional agents to use
entrants' name, likeness, photo, video footage, and/or biographical data for advertising and
promotional purposes, without additional compensation, in perpetuity, in all media, now known
or hereafter developed, in connection with Macerich, Scripps, this promotion, and the Sponsor’s
web sites.
4. Limitations of Liability: Macerich Management Company ( “Sponsor”), Macerich,
Scripps Networks, LLC (“Scripps”), and Party of 2, LLC d/b/a Pop2Life (“Promotion
Administrator”), and other participating sponsors and/or prize providers (collectively with
Sponsor, the “Promotion Entities”) their respective affiliates, subsidiaries, parent, advertising and
promotion agencies, and their respective officers, directors, shareholders, employees and agents,
and any and all Internet servers and access provider(s), including mobile carriers, are not
responsible for: any incorrect or inaccurate entry information; human error; technical
malfunctions; failures, omission, interruption, deletion, or defect of any telephone network,
computer online systems, computer or other electronic equipment, server providers, or software,
including any injury or damage to participant’s or any other person’s computer or electronic
equipment relating to or resulting from participation in this Promotion; inability to access the
Promotion Location or Websites; theft, tampering, destruction, or unauthorized access to, or
alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost
due to computer or electronic malfunction or traffic congestion on the Internet or at any web site;
printing or human or other errors; and any entries which are late, lost, incomplete, misdirected,
or stolen; any failure to comply with any provision of these Official Rules due to any third party
failure to act or any actions out of its control, including any act of God, hurricane, war, fire, riot,
earthquake, terrorism, act of public enemies, actions of governmental authorities, any federal,
state, or local government law, order, or regulation, or order of any court or other cause not
within Sponsor’s control or concerns regarding the safety of any entrant or Grand Prize Winner,
or otherwise. Proof of online submission is not considered proof of delivery or receipt. All
entries become the property of Sponsor and will not be returned. By entering, all participants
and/or entrants also agree to release, discharge, indemnify and hold harmless the Promotion
Entities and their respective parent companies, subsidiaries, their respective representatives and
agents, advertising and promotion agencies, Promotion partners and prize suppliers, independent
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contractors hired by prize suppliers, and all of their respective affiliated companies, employees,
officers, directors and shareholders, from and against all claims and damages or liability arising
in connection with each entrant’s participation and/or entry in the Promotion and/or their receipt
or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any
person (including death) or property of any kind resulting in whole or in part, directly or
indirectly, from acceptance, possession, misuse or use of any prize or participation in any
Promotion-related activity, including travel related activities (if applicable) or the Events or
participation in this Promotion. Any and all warranties and guarantees are subject to the
respective manufacturer’s terms. If potential Grand Prize Winner does not respond to the
notification within the time frame allowed, or is found to be ineligible, or if he/she does not
comply with the Official Rules, then the potential Grand Prize Winner will be disqualified and an
alternate Grand Prize Winner will be selected as time allows. If by reason of a printing or other
error, more prizes are claimed than the number set forth in these rules, all persons making
purportedly valid claims will be included in a random drawing to award the advertised number of
prizes available in the prize category in question. No more than the advertised number of prizes
will be awarded. Entrants further understand and agree that all rights under Section 1542 of the
Civil Code of California (“Section 1542”) and any similar law of any state or territory of the
United States that may be applicable with respect to the foregoing release are hereby expressly
and forever waived. Entrants acknowledge that Section 1542 provides that: “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.” The releases hereunder are
intended to apply to all claims not known or suspected to exist with the intent of waiving the
effect of laws requiring the intent to release future unknown claims.
5. How Winner will be Determined: The one (1) potential Grand Prize Winner (the
“Grand Prize Winner”) will be selected in a random drawing from among all eligible entries
received on approximately February 15, 2015, by an independent judging organization, and will
be contacted by email and/or phone on or about March 15, 2015. Judge’s decisions with respect
to potential Grand Prize Winner and other matters pertaining to the Promotion shall be final. If
Sponsor is unable to contact the prospective Grand Prize Winner within 5 days from first
notification attempt ("Notification"), his/her prize will be forfeited and an alternate prospective
Grand Prize Winner shall be selected. Potential Grand Prize Winner will be notified once a day
by the email they provided for 5 days. Potential Grand Prize Winner will also be required to sign
and return to Sponsor an Affidavit of Eligibility, Publicity & Liability Release (“Affidavit”)
and/or IRS Form W-9 (if required by IRS regulations), prior to and as a condition of acceptance
of prize, within five (5) days of receipt of Affidavit or prize will be forfeited and an alternate
Grand Prize Winner selected. If potential Grand Prize Winner does not respond to Notification
within time frame required or if Notification or Affidavit is undeliverable or if the Affidavit is
not complete and received by Promotion Administrator within the time required, the prize will be
forfeited, and an alternate Grand Prize Winner will be selected at random from the remaining
eligible entries. The Sponsor reserves the right to modify the notification procedures in
connection with the selection of an alternate Grand Prize Winner, if any. The odds of winning a
Prize depend upon the number of eligible entries received during the Promotion Period.
6. Conditions of Entry: Void where prohibited by law. Entry materials that have been
tampered with or altered are void. If, in the judge’s opinion, there is any suspected or actual
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evidence of electronic or non-electronic tampering with any portion of the Promotion, or if
computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures
compromise or corrupt or affect the administration, integrity, security, fairness, or proper
conduct of the Promotion, the judges reserve the right at their sole discretion to disqualify any
individual who tampers with the entry process and void any entries submitted fraudulently, to
modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing
to award the prizes using all eligible, non-suspect entries received as of the termination date.
Should the Promotion be terminated prior to the stated expiration date, notice will be posted at
the Promotion Location. Any attempt by an entrant or any other individual to deliberately
damage any entry device or undermine the legitimate operation of the Promotion is a violation of
criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek
damages and other remedies from any such person to the fullest extent permitted by law.
CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE ENTRY
DEVICES OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN
VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,
SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING
ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW,
INCLUDING CRIMINAL PROSECUTION.
7. Prize(s): One (1) Grand Prize consisting of $10,000 cash (awarded in the form of a
company check). If Grand Prize Winner cannot accept the prize, an alternate Grand Prize Winner
will be selected as time and availability allows. All costs, taxes, fees, and expenses associated
with any element of the prize not specifically addressed above or below are the sole
responsibility of the respective Grand Prize Winner. All federal, state and local taxes on prizes
are the prize Grand Prize Winner’s responsibility. Approximate retail value (“ARV”) of the
Grand Prize is: $10,000.
8. Disputes/Governing Law: All issues and questions concerning the construction, validity,
interpretation and enforceability of these Official Rules, or the rights and obligations of any
entrant, Sponsor or the Released Parties in connection with the Promotion, shall be governed by
and construed in accordance with the laws of the State of Tennessee without giving effect to any
choice of law or conflict of law rules or provisions which would cause the application or the laws
of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this
Agreement shall take place exclusively in the federal or state courts sitting in Knox County,
Tennessee, and each entrant expressly consents to the jurisdiction of and venue in such courts
and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such
courts. Any and all disputes, claims, and causes of action arising out of or in connection with this
Promotion, shall be resolved individually, without resort to any form of class action. Each
Entrant agrees to service of process by mail or other method acceptable under the laws of the
State of New York. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED
TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS
PROMOTION. ENTRANT (AND THEIR PARENTS OR LEGAL GUARDIANS IF
ENTRANTS ARE MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO
ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR
CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD
PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED
ON NEGLIGENCE OR OTHERWISE.
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9. Winner’s List: Beginning on or about April 15, 2015 you may obtain the name of the
Winner, by mailing a SASE to: HGTV’s Home for the Holidays” - Winner’s List, c/o Pop2Life,
7 West 18th St., 6th Floor, New York, NY 10011. (VT residents may omit return postage).
Requests received after May 15, 2014 will not be honored.
10. Sponsor: Macerich Management Company, 401 Wilshire Boulevard, Suite 700
Santa Monica, California 90401.
11. Promotion Administrator: Party of 2, LLC d/b/a Pop2Life, 7 West 18th St., 6th Floor,
New York, NY 10011.
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