"JCP REWARDS CINDY CRAWFORD LAUNCH PARTY" SWEEPSTAKES
OFFICIAL RULES (THE "RULES")
THE JCP REWARDS "CINDY CRAWFORD LAUNCH PARTY" SWEEPSTAKES (THE "SWEEPSTAKES") IS SPONSORED BY J. C. PENNEY CORPORATION, INC. ("SPONSOR" OR "JCPENNEY"). NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MANY WILL ENTER; FEW WILL WIN.
1. ENTRY: From 12:00:01 a.m. Eastern Time ("ET") on July 29, 2009 until 11:59:59 p.m. ET on August 12, 2009 (the "Entry Period"), visit jcprewards.com, click the "enter today" link, and follow the directions to enter the Sweepstakes. All entries must be received by the end of the Entry Period. Limit one (1) entry per person.
2. ELIGIBILITY: Participation is open to active members of the JCPenney Rewards Program (the "Program") who are (i) 18 years of age or older at the time of entry and (ii) legal residents of the 50 United States or the District of Columbia (the "Territory"). Employees of Sponsor, its advertising and promotional agencies, and their respective affiliates and subsidiaries (collectively, the "Sponsor Entities"), and the immediate family and household members of such individuals, are not eligible to enter the Sweepstakes.
3. PROCEDURES: On or about August 13, 2009, in a random drawing conducted by Sponsor, the potential winner will be selected from among all eligible entries received. The judging decisions of Sponsor shall be final and binding. Odds of winning depend on the total number of eligible entries received.
4. PRIZE: There will be one prize (the "Prize") awarded, consisting of a trip for the winner ("Winner") and one guest ("Guest") to New York, New York ("NYC"), arriving Tuesday, September 8, 2009 and departing Thursday, September 10, 2009 (the "Trip"), including the following elements: [1] two tickets to the "Cindy Crawford VIP Launch Party" hosted by Sponsor in NYC on Wednesday, September 9, 2009, including a personal "meet and greet" with Cindy Crawford (the "Launch Party"); [2] hotel accommodations for two nights (one standard room/double occupancy, including room tax); [3] round-trip coach air transportation between a major metropolitan airport near Winner's residence (the "airport of origin") and a major airport in or near NYC (the "arrival airport"); [4] $1,000 spending money for Winner; [5] transfers to and from the airport and hotel and the hotel and the Launch Party; and [6] a souvenir gift from the Launch Party for Winner and Guest. Total approximate retail value ("ARV") of the Prize: $4,500.
5. ADDITIONAL TERMS REGARDING PRIZE: The ARV of the Prize will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. If the actual value of the Prize is less than the stated ARV, the difference will not be awarded. All expenses not specifically mentioned are not included and are solely Winner's responsibility, including, without limitation: round-trip transportation between the winner's residence and the airport of origin, alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs, and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates, and Sponsor's approval. Airline carrier and hotel regulations and conditions apply. If, in the judgment of Sponsor, air travel is not required due to the proximity of Winner's residence to NYC, ground transportation will be substituted for round-trip air travel at Sponsor's sole discretion. Travel arrangements will be made by Sponsor through Sponsor's agent, and Sponsor shall determine the airline and flight itinerary, including the airport of origin and the arrival airport, in its sole discretion. Sponsor is not responsible for airline cancellations or delays. The Prize may not be redeemed for cash, transferred, or substituted for another prize, except that a prize of equal or greater value may be substituted by Sponsor in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates, or other prizes. Prize elements may not be separated. Airline tickets issued in conjunction with the Prize are not eligible for frequent flyer miles, and no code share flights may be used. The Prize cannot be used in conjunction with any other promotion or offer. Winner or Guest must provide the hotel with a valid credit card for incidentals (including mini-bar and pay-per-view television) and/or damages to the hotel room. Spending money will be provided via a prepaid debit card issued by Sponsor's choice of bank.
6. WINNERS: The potential Winner will be notified by telephone and/or email on or about August 14, 2009. At the sole discretion of Sponsor, disqualification, forfeiture, and the selection of an alternate winner may result from any of the following: [1] the potential Winner's failure to respond to notice within 24 hours of the first attempted contact; [2] the return of any notice or Prize as undeliverable; [3] the potential Winner's failure to provide Sponsor with satisfactory proof of age, identity, and residency; [4] the potential Winner's failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within 24 hours of receipt; [5] the potential Winner's failure to be available to make the Trip on the above dates; and [6] any other non-compliance with the Rules. In the event of any Prize forfeiture, Sponsor will award the forfeited prize to an alternate Winner. Winner and Guest must travel together on the same itinerary and are solely responsible for obtaining all necessary travel documents (i.e., valid photo ID, etc.) including but not limited to any travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) before departure. Winner hereby acknowledges that Sponsor has not, and will not, obtain or provide travel insurance or any other forms of insurance. Any documents or event tickets/passes awarded to Winner become the responsibility of Winner upon possession of same and will not be replaced. Guest will be required to execute a Liability/Publicity Release prior to ticketing. All taxes are solely the responsibility of Winner, who will receive an IRS Form 1099 reflecting the value of the Prize.
7. LIMITATIONS: Void where prohibited or restricted by law. Subject to all applicable federal, state, local, and municipal laws and regulations. Neither the Sponsor Entities nor any of their respective officers, directors, shareholders, employees, agents, or representatives (individually and collectively, the "Releasees") are responsible for: [1] entries from persons residing, or physically located, outside the Territory; [2] entries that are altered, delayed, deleted, destroyed, forged, fraudulent, improperly accessed, inaccurate, incomplete, interrupted, irregular in any way, late, lost, misrouted, multiple, non-delivered, stolen, tampered with, unauthorized, unintelligible, or otherwise not in compliance with the Rules; or [3] lost, interrupted, or unavailable network, server, Internet Service Provider, website, or other connections; miscommunications; failed computer, satellite, telephone, or cable transmissions, lines or technical failures; failed phone, computer hardware, or software failures, technical errors, or difficulties; failed telephone transmissions; technical failures; unauthorized human intervention; traffic congestion; garbled or jumbled transmissions; undeliverable emails resulting from any form of active or passive email filtering; insufficient space in entrant's email account to receive email; or other errors of any kind, whether due to electronic, human, mechanical, printing, production, or technical errors or other causes; even if caused by the negligence of any of the Releasees. Each of such potential entries will be disqualified.
8. CONDITIONS: By entering this Sweepstakes and/or accepting the Prize, you agree, represent, and warrant that: [1] you have all rights, permissions, and consents necessary to grant the rights to Sponsor as expressed herein; [2] you will abide by and be bound by the Rules and the Sponsor's decisions; [3] your entry becomes Sponsor's property and will not be acknowledged or returned; [4] you release and hold harmless the Releasees from any and all liability for claims, injuries, losses, or damages of any kind, including, without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss, or misdirection of any prize; participation in the Sweepstakes or any Sweepstakes-related activity or travel or from any interaction with, or downloading of, computer Sweepstakes information; [5] the Prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose); [6] Winner's acceptance of the Prize constitutes the grant to Sponsor and its assigns of an unconditional right to use Winner's name, address (city and state only), voice, likeness, photograph, biographical, and prize information and/or statements about the promotion for any programming, publicity, advertising, and promotional purposes without additional compensation, except where prohibited by law; [7] in the event viruses, bugs, unauthorized human intervention, Acts of God, acts or regulations of any governmental or supra-national authority, war, national emergency, accident, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond Sponsor's reasonable control, corrupt, prevent or impair the administration, security, fairness, or proper play of the Sweepstakes, so that it cannot be conducted as originally planned, except where prohibited by law, Sponsor has the right, in its sole discretion, to modify the Rules or to cancel, modify, terminate, or suspend the Sweepstakes; and in such event, to select winners by such method as Sponsor in its sole discretion shall consider equitable and in the event the Trip has already commenced, to terminate the Trip and return Winner and Guest to the airport of origin as soon as reasonably possible; [8] the Releasees are not responsible for typographical or other errors in the offer or administration of this Sweepstakes, including, but not limited to, errors in the advertising, Rules, selection and announcement of Winner, and distribution of the Prize; [9] any portion of the Prize not accepted or used by Winner and/or Guest will be forfeited; [10] the Releasees are not responsible for any inability of Winner to accept or use the Prize (or any portion thereof) for any reason; [11] Sponsor has the right, at any time and at its sole discretion, to disqualify any individual it suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or the Sweepstakes website; (b) violating the Rules; (c) violating the terms of service, conditions of use, and/or general rules or guidelines of any Sweepstakes property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person; or for any other good cause as determined solely by Sponsor; [12] Sponsor has the right to lock out an entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Sweepstakes; [13] since any attempt by any individual to damage the Sweepstakes website or undermine the legitimate operation of this Sweepstakes or the Sweepstakes website is a violation of the Rules as well as criminal and civil laws, and should Sponsor believe or become aware that such an attempt has been, is being, or will be made, it has the right to seek remedies and damages from any responsible individuals to the fullest extent permitted by law, including without limitation criminal prosecution; [14] all disputes, claims, and causes of action at law or in equity (individually, a "Claim") arising out of or relating to this Sweepstakes, the meaning or interpretation of the Rules, or any prize awarded shall be resolved by applying the laws of the State of Texas, without regard to conflict of laws provisions therein, and shall be solely and exclusively brought in the state or federal courts within Collin County, Texas; [15] all Claims shall be resolved individually, without resort to any form of class action; [16] all Claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event include attorneys' fees, and under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, special, consequential damages, and any other damages, other than for actual out-of-pocket expenses, and waives all rights to have damages multiplied or otherwise increased; [17] Sponsor has the right to modify Prize award procedures at its sole discretion; [18] in the unlikely event of the cancellation or postponement of the Launch Party due to circumstances beyond Sponsor's reasonable control, the Releasees are not responsible. If such occurs, the Trip will be awarded without that element of the Prize; [19] Winner's acceptance of the Prize constitutes the grant of an unconditional right to Sponsor and its assigns to photograph, film, or otherwise capture the fulfillment of the Prize ("Filming"), and Sponsor shall have the unconditional right to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use these photographs and footage throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions, in perpetuity, without compensation, except where prohibited by law; [20] you grant Sponsor a non-exclusive, perpetual, irrevocable license to reproduce, distribute, display, exhibit, transmit, broadcast, stream, synchronize with visual material, modify, amend, create derivative works, and otherwise use and permit others to use the Filming, throughout the universe in any and all media now known or hereafter devised, in all languages and in all versions; [21] Sponsor's use of the Filming as described herein will not give rise to any claims of infringement, invasion of privacy, defamation, or claims for performance or payment of any kind, including but not limited to payment of re-use fees, residuals, or license fees; [22] Sponsor shall have the right to make such changes to the Filming and make such uses thereof as it deems necessary or desirable, including, without limitation, the right to use, edit, and reproduce and/or alter said Filming in perpetuity, in its entirety or in part, for any commercial and promotional purposes worldwide without any consultation or additional permission, or compensation, credit, or attribution; [23] Sponsor has the right to conduct a background check ("Check") of any and all records of Winner and Guest, as defined by state of primary residence), including, without limitation, civil and criminal court records and police reports, which he/she; to the extent necessary under law, shall authorize; [24] Sponsor may take all steps necessary to corroborate any information provided to Sponsor by Winner and Guest, and he/she will be obligated to provide necessary contacts and information for the Check; [26] if a felony conviction is found, Sponsor has the right, in its sole discretion, to disqualify Winner or Guest from participating in the Trip and to pay Winner a cash substitute for the Trip. Guest will not receive a cash substitute.
9. WINNER'S NAME: For a list of winners (after September 10, 2009 and before December 1, 2009), send a self-addressed, stamped envelope to: Cindy Crawford Sweepstakes, Winner's Name, c/o JCP Rewards Program, 6501 Legacy Drive, Plano, Texas 75024.
10. SPONSOR: J. C. Penney Corporation, Inc., 6501 Legacy Drive, Plano, Texas 75024.