THESE TERMS INCLUDE IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE WEBSITE, YOU ARE ENTERING INTO A LEGAL CONTRACT WITH PREIT REGARDING YOUR USE OF THE WEBSITE AND YOU AGREE TO BE BOUND BY THESE TERMS AND ALL ADDITIONAL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO ANY PORTION OF THESE TERMS, YOU SHOULD NOT ACCESS OR USE THE WEBSITE.
I. YOUR USE OF THE WEBSITE
We hereby grant you a non-exclusive, personal, non-transferrable, limited license to use and access the Website in accordance with these Terms. You may view, download a copy of, or print a single copy of any page from the Website: (i) solely for your personal, informational, non-commercial purposes; (ii) in accordance with these Terms; and (iii) provided that you do not remove, modify, or alter any copyright and proprietary rights notices that may be present. You may not otherwise use, modify, copy, print, display, distribute, publish, or sell any information from the Website without our express, prior, written consent.
II. INFORMATIONAL PURPOSES ONLY
The Website is provided to you as a convenience and for your information only. PREIT does not warrant or represent that: (i) any materials, documents, images, graphics, logos, design, audio, video, and any other information provided from or on the Website (collectively, the “Website Content”) is accurate or complete; (ii) the Website Content is up-to-date or current; (iii) PREIT has any obligation to update any Website Content; (iv) the Website Content is free from technical inaccuracies or programming or typographical errors; (v) the Website Content is free from changes caused by a third party; (vi) your access to the Website will be free from interruptions, errors, computer viruses or other harmful components; (vii) any information obtained in response to questions asked through the Website is accurate or complete; and/or (viii) the Website Content is non-infringing of any third party’s intellectual property rights. Your use of the Website is solely at your own risk.
III. USER WEBSITE CONTENT
The Website permits the submission of Website Content, including, feedback, ideas, questions, comments, and suggestions (“User Website Content”). You hereby grant (and you represent and warrant that you have the right to grant) to PREIT an irrevocable, non-exclusive, royalty-free, and fully paid license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Website Content. You assume all risks associated with your User Website Content and shall be solely responsible for the User Website Content and the consequences of submitting it. PREIT cannot guarantee any confidentiality with respect to any User Website Content.
IV. RESTRICTIONS ON USE
You may not use the Website: (i) for any unlawful purpose; (ii) to solicit others to perform or participate in any unlawful acts; (iii) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; or (iv) to infringe upon or violate our intellectual property rights or the intellectual property rights of others. PREIT reserves the right to terminate your use of the Website for violating any of the prohibited uses.
In addition, you may not: (i) cause or launch any programs, spiders, robots, or scripts or other automatic or manual devices or processes for the purpose of extracting, scraping, indexing, surveying, or otherwise data mining any portion of the Website, or unduly burdening or hindering the operation and/or functionality of any aspect of the Website; (ii) attempt to gain unauthorized access to or impair any aspect of the Website, or the related systems, servers, or networks; (iii) use the Website for resale, time-sharing or other similar purposes; (iv) use the Website to stalk, harass or harm another individual; (v) impersonate any person or entity, or otherwise misrepresent your affiliation with any person or entity; (vi) use any portion of the Website or any Website Content in any manner that may give a false or misleading impression, attribution or statement as to us or any other person or entity; or (vii) decompile, reverse engineer, jeopardize the correct functioning of the Website, or disassemble the Website, or otherwise attempt to derive the source code of the software (including the tools, processes, methods, and infrastructure) that enables or underlies the Website, except as may be permitted by applicable law.
V. AGE RESTRICTIONS
You affirm that you are at least eighteen (18) years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms, and to abide by and comply with these Terms.
PREIT collects and uses personal information about you when you access and use the Website in accordance with our Privacy Notice, the most current version of which is incorporated herein by reference.
VII. ELECTRONIC COMMUNICATIONS
By using the Website, you consent to receive electronic communications from PREIT unless you follow applicable opt-out procedures. PREIT will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that PREIT provides to you electronically satisfy any legal requirement that such communication be in writing.
VIII. NO WARRANTIES FOR WEBSITE
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. THE WEBSITE AND WEBSITE CONTENT ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND PREIT EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION.
PREIT MAKES NO WARRANTY THAT WEBSITE OR WEBSITE CONTENT WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE, IS OR WILL REMAIN FREE FROM ANY VIRUSES, WORMS, TIME BOMBS, DROP DEAD DEVICES, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. PREIT DOES NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE WEBSITE AT TIMES OR LOCATIONS OF YOUR CHOOSING, OR THAT PREIT WILL HAVE ADEQUATE CAPACITY FOR THE WEBSITE AS A WHOLE OR IN ANY SPECIFIC GEOGRAPHIC AREA. PREIT MAKES NO REPRESENTATION OR WARRANTY REGARDING GOVERNMENT COMPLIANCE OF ANY SOFTWARE USED IN RUNNING THE WEBSITE.
You agree to defend, indemnify, and hold harmless PREIT and our partners, employees, service providers, clients, and agents from and against any and all claims, demands, suits, proceedings, liabilities, judgments, losses, damages, expenses, and costs (including, but not limited to, reasonable attorneys’ fees) assessed or incurred by us, directly or indirectly, with respect to or arising out of: (i) your failure to comply with these Terms; (ii) your breach of your obligations under these Terms; (iii) your use of the rights granted hereunder, including, but not limited to, any claims made by any third parties; and/or (iv) any claim that your User Website Content caused damage to a third party.
X. LIMITATION OF LIABILITY
IN NO EVENT WILL PREIT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF OR INABILITY TO USE THE WEBSITE, WEBSITE CONTENT AND/OR USER WEBSITE CONTENT PROVIDED IN CONNECTION WITH THE WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE WEBSITE, WEBSITE CONTENT AND/OR ANY USER WEBSITE CONTENT PROVIDED THROUGH THE WEBSITE. ADDITIONALLY, PREIT SHALL NOT BE LIABLE FOR NEGATIVE REPERCUSSIONS TO ANY PARTY BASED ON THE USE OF OR INABILITY TO USE THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, LOST GOODWILL OR LOST PROFITS. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
XI. THIRD PARTY WEBSITES AND CONTENT
The Website may include Website Content provided by third parties or PREIT may provide hyperlinks to other websites maintained by third parties on the Website by framing or other methods (collectively, “Third Party Website Content”). The Third Party Website Content is provided for your convenience and information only. The Third Party Website Content is not under PREIT’s control and PREIT is not responsible for the content of any Third Party Website Content, including any further links contained in the Third Party Website Content. If you decide to access any Third Party Website Content, you do so entirely at your own risk. If Third Party Website Content links or refers to the Website, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture, or partnership by or with PREIT. In most cases, PREIT is not aware that a third party has linked or refers to the Website.
XII. INTELLECTUAL PROPERTY
The Website Content of the Website is intellectual property owned, controlled, and/or licensed by PREIT. We expressly reserve all of our intellectual property rights in and to the Website and Website Content. No portion of the Website Content may be reproduced in any form or by any means, except as provided elsewhere in these Terms. PREIT is the owner or authorized licensee of, or is otherwise permitted to the use, all trademarks, service marks, and logos used and displayed on the Website. All trademarks and service marks of PREIT that may be referred to on the Website are the property of PREIT. Other parties’ trademarks and service marks that may be referred to on the Website are the property of their respective owners.
Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of PREIT’s trademarks, service marks, or copyrights without our prior written permission. You may not: (i) remove or obscure any copyright, trademark, digital watermarks, proprietary legends or other proprietary notices from any portion of our Website; or (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit our Website except as expressly permitted by PREIT.
XIII. COPYRIGHT COMPLAINTS
If you believe that another user of the Website is unlawfully infringing copyrighted material(s), and wish to have the allegedly infringing material(s) removed, the following information in the form of a notification, pursuant to the Digital Millennium Copyright Act (“DMCA”), must be provided to PREIT’s designated DMCA Agent at Joshua.Talley@preit.com:
A provider of content subject to a claim of infringement may make a counter notification. To file a counter notification with us, please provide the DMCA Agent a written communication containing the following:
We will promptly provide the party that provided the notice of claimed infringement with a copy of the counter notification, and inform the complaining party that we restore the removed or disabled content within ten (10) business days. If we do not receive notice that a lawsuit has been filed within ten (10) business days after we provide notice of the counter-notification, we will restore the removed or disabled materials. Until that time, the materials will remain removed or disabled.
Notice of alleged infringement must be sent by electronic mail to our DMCA Agent or by certified mail and marked “Copyright Infringement” Attention: DMCA Agent at the address set forth at the end of these Terms.
Before filing such a notification, make a careful determination as to whether or not the use of the material at issue is or may be protected by the “fair use” doctrine. You could potentially be held liable for costs and attorneys’ fees should you file a takedown notice where there is no infringing use. If you are unsure whether there is infringement, it may be advisable to seek legal counsel.
XIV. TERMINATION OF SERVICE
PREIT may suspend or terminate your right to access the Website, at any time, without notice, for conduct that PREIT believe violates these Terms and/or is harmful to other users of the Website, to PREIT, to our partners, to the contributors, to the business of our Internet service provider, to other information providers, or as we otherwise deem appropriate, in our sole discretion.
XV. ADDITIONAL REMEDIES
You acknowledge that any of your conduct that is inconsistent with the provisions of these Terms may cause PREIT irreparable damage for which remedies other than monetary relief may be inadequate. In such instances, you agree that PREIT may seek injunctive or other equitable relief seeking to restrain such conduct without the necessity of proving actual harm or posting a bond.
XVI. GOVERNING LAW AND JURISDICTION
You agree that all matters relating to your access to, or use of, the Website shall be governed by the laws of the State of Pennsylvania. You agree and hereby submit to the exclusive personal jurisdiction and venue in the state or federal courts in Philadelphia County, Pennsylvania with respect to such matters.
XVII. LOCAL LAWS
PREIT makes no representation that the Website or Website Content are appropriate or available for use in jurisdictions outside the United States. Access to the Website from jurisdictions where such access is illegal is prohibited. If you choose to access the Website from other jurisdictions, you do so at your own initiative and are responsible for compliance with applicable local laws.
XVIII. EXPORT RESTRICTIONS
The Website or Website Content may be subject to United States export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any United States technical data acquired from the Website or Website Content, or any products utilizing such data, in violation of the United States export laws or regulations.
XIIX. CHANGES TO THESE TERMS
PREIT may make changes to the Website, the Website Content, and these Terms, or stop providing the Website and/or Website Content at any time and without further notice to you. You are encouraged to review these Terms frequently (the date of the most recent revision to these Terms appears at the end of these Terms). Your continued access or use of the Website after such posting constitutes your consent to be bound by the Terms, as amended.
XX. CONTACT INFORMATION
If you have questions or concerns about these Terms, please contact us at:
Pennsylvania Real Estate Investment Trust
Attn: General Counsel
2005 Market Street
Philadelphia, PA 19103
Copyright © 2020. Pennsylvania Real Estate Investment Trust. All Rights Reserved.
Effective as of August 5, 2020
This Privacy Notice provides an overview of the information Pennsylvania Real Estate and Investment Trust (“PREIT”, “we”, “our”, or “us”) collects about you when you use our website preit.com (the “Website”), how we use this information, with whom we share it, and the choices you have in connection with this.
A. Information We Collect Directly From You
Through your use of our Website, PREIT may collect information that personally identifies you. You will be required to provide us with this information if you choose to engage with certain features of our Website. You can choose whether or not to provide us with this information, but if you choose not to, some features of the Website may not be available to you. Specifically, we collect information from you when you:
PREIT may also use your information collected for the above purposes to defend our rights and the rights of others, to efficiently maintain our business, and to comply with the law as described in HOW WE SHARE YOUR INFORMATION.
B. Information Collected Automatically.
To collect this information, our Website places the following cookies on your device:
The analytics cookies we employ on our Website include:
PREIT may share your information for the following purposes:
We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your browser. For further details, click here.
We implement and maintain reasonable security measures to protect the information we collect and maintain. However, no security measure or modality of data transmission over the Internet is 100% secure and we are unable to guarantee the absolute security of the information we have collected from you.
The Website and the services offered thereon are not intended for individuals under the age of eighteen (18).
We may change this Privacy Notice from time to time. We will post the changes to this page, and will indicate the date the changes go into effect. We encourage you to review our Privacy Notice to stay informed. If we make changes that materially affect your privacy rights we will notify you by prominently posting a notice on our Website.
If you have any questions about this Privacy Notice, please contact us at:
Pennsylvania Real Estate Investment Trust
Attn: General Counsel 2005 Market Street
Philadelphia, PA 19103
This Privacy Notice was last modified on August 3, 2020
This Code of Conduct is a set of general guidelines for behavior; they are not intended to apply to each and every possible act within the mall. We reserve the right to determine the appropriate manner in which all visitors are to behave. All organized activities require review and approval by management/ownership.
Magnolia Mall, including its parking lot, is private property. The following Code of Conduct is set forth for the purpose of protecting legitimate business interests of Magnolia Mall. Any violation of the code interferes with the commercial nature and function of Magnolia Mall. If any guest of Magnolia Mall should refuse to follow this Code of Conduct, the guest will be asked to leave the property. Should any guest fail or refuse to leave the property, he or she may be subject to arrest.
Magnolia Mall reserves the right to amend this Code of Conduct at any time.
THIS SWEEPSTAKES IS GOVERNED BY THESE OFFICIAL RULES. NO PURCHASE NECESSARY TO ENTER OR WIN. THIS SWEEPSTAKES IS SUBJECT TO FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS AND IS VOID WHERE PROHIBITED.
1) SWEEPSTAKES DESCRIPTION: The "PREIT Malls Shopping Spree Sweepstakes" (the "Promotion").
2) SPONSOR: PREIT Services, LLC ("Sponsor"), and its affiliates, subsidiaries, advertising and promotional agencies and partners, and the suppliers of prizes, material and services related to this Promotion (collectively, "Sponsor and its Agents").
ELIGIBILITY: This Promotion is open to eligible participants 18 years of age or older who are legal residents of Maryland, Massachusetts, Michigan, New Jersey, North Carolina, Pennsylvania, South Carolina, Virginia, and Wisconsin, and is void where prohibited by law. Employees of Sponsor and its Agents and, as applicable, their respective parents, subsidiaries, and/or affiliates, as well as members of each employee's immediate family (spouse, parents, siblings and children) and/or those living in the same household of each employee, whether or not related, are not eligible to participate or to win. Participation constitutes entrant's full and unconditional agreement to these Official Rules and to Sponsor's decisions, which are final and binding in all matters related to the Promotion. Participation further constitutes entrant’s full and unconditional agreement to any and all terms and conditions of the Issuing Entity (as herein defined) whether or not entrant is expressly notified of the same.
4) HOW TO ENTER: ONLY ONE ENTRY PER PERSON PER MONTH. NO ENTRY FEE, PAYMENT, PURCHASE, OR PROOF-OF-PURCHASE IS REQUIRED TO PARTICIPATE IN THIS PROMOTION. A PURCHASE DOES NOT INCREASE YOUR CHANCE OF WINNING.
On-Line Website Entry: Choose one (1) of the twenty (20) malls participating in the Promotion (each a “Participating Mall”) and visit that Participating Mall’s website and follow the applicable instructions. A list of Participating Malls and their corresponding websites is included at the end of these Official Rules.
Only one (1) email address may be used by any entrant to enter the Promotion. In the event of a dispute regarding the identity of the entrant, the entry will be deemed to have been submitted by the authorized holder of the email address as of the time of entry. For these purposes, the “authorized holder” is the natural person who is assigned to the submitted email address. The Winner shall be subject to identification verification before any Prize will be awarded.
The sole determinant of time for the purposes of receipt of a valid entry in this Promotion will be the Promotion server machine(s).
Alternate Method of Entry: To enter the Promotion without visiting and entering through the methods outlined above, send a written request via U.S. Regular Mail service to the Participating Mall selected by the prospective entrant (the addresses are found on the Participating Malls' websites, which are listed at the end of these Official Rules), addressed to the attention of PREIT Malls Shopping Spree Sweepstakes Promotion, and request that staff mail an entry form to the prospective entrant's home address. A self-addressed, stamped envelope must be provided with the written request. One (1) Alternate Entry form will then be sent by U.S. Regular Mail in the self-addressed, stamped envelope provided. All requests for Alternate Entry must be received by the applicable Participating Mall no later than the tenth (10th) day of the relevant calendar month and all Alternate Entries must be received by the applicable Participating Mall no later than the last day of the relevant calendar month. Any prospective entrant participating in this manner must complete all of the requested information on the entry form that he/she receives and mail the completed entry form to the Participating Mall's Management Office to the attention of PREIT Malls Shopping Spree so the that entry form will be received by the required date.
Multiple attempts (i.e. more than one (1)) to enter the Promotion by the same person, by any form of entry (either for the same or for different Participating Malls) will be subject to disqualification.
5) ENTRY PERIOD: Subject to the terms and conditions of these Official Rules, entries must be received by Sponsor between January 1, 2020 (12:00 AM Eastern Standard Time) and the last calendar day of the relevant month (11:59 PM Eastern Standard Time) to be eligible for that month’s Prize Drawing.
Sponsor and its Agents are not responsible for late, lost or misdirected entries or for error, omission, interruption, deletion, defect, delay in transmission of entries, or for technical, network, computer, hardware or software malfunctions of any kind or inaccurate transmission of or failure by any website for any reason whatsoever or for any errors, mishaps or problems, regardless of the cause, in the entry process.
6) WINNER SELECTION AND NOTIFICATION: There will be one (1) prize winner chosen by Sponsor per month from those eligible submitted entries directed to the Participating Malls by entrant at the time of entry (provided that such entries are received on or before the last day of the relevant calendar month and no later than December 31, 2020) (each, the “Winner”). A list of Participating Malls may be found at: www.preit.com. The Winner will be chosen by random drawing from the applicable pool of entrants by Sponsor, within three (3) business days of the last day of the relevant calendar month. The Winner will be notified by email within three (3) business days of the drawing. The Winner must claim his/her Prize (described below) within thirty (30) days of attempted notification. The Winner will be required to sign and return an Affidavit of Eligibility and a Publicity/Liability Release (where lawful) prior to claiming any Prize. If a signed Affidavit of Eligibility and/or Publicity/Liability Release is not received within five (5) business days of the date of notification, the Winner's eligibility to be awarded the Prize may be deemed forfeited (at the sole discretion of Sponsor and its Agents) and an alternate Winner may be selected. Sponsor and its Agents reserve the right to require the Winner to submit to a confidential background check to confirm eligibility and help ensure that the use of any such person in advertising or publicity will not bring the Sponsor and its Agents into public disrepute, contempt, scandal or ridicule or reflect unfavorably as determined by the Sponsor and its Agents in their sole discretion.
8) PRIZES: Each Winner will receive one or more “Shopping Spree” gift cards collectively worth One Hundred Dollars ($100) from a retailer located within the Participating Mall (individually and collectively, the “Prize”). Sponsor shall endeavor to obtain such Prize from a retailer of Winner’s election provided, however, Winner expressly acknowledges and agrees that it may be required to provide a list of multiple preferred retailers, and the final election of such Prize’s origin shall be at the sole discretion of Sponsor. The total value of the prize package to be distributed to each Winner for this Promotion is $100. The Prize may be used and redeemed only in and at the retailer issuing such Prize (the “Issuing Entity”) located within the Participating Malls and the Prize must be fully redeemed on or before the expiration date set by such Issuing Entity (the “Promotion End Date”). The Prize is redeemable for merchandise or services at the Issuing Entity and fees, terms and conditions of the Issuing Entity may apply upon redemption. SPONSOR MAKES NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND REGARDING THE PRIZE AS ISSUED BY THE ISSUING ENTITY INCLUDING, WITHOUT LIMITATION, AS IT PERTAINS TO ANY MERCHANDISE OR SERVICES REDEEMED BY WINNER USING THE PRIZE. Winner acknowledges and agrees that the Prize shall be issued by the Issuing Entity, a third party unaffiliated with Sponsor, and as such any and all terms, conditions, rules, or deadlines as set by such Issuing Entity shall be applicable to the Prize. The Prize will be personal to the Winner and may not be transferred. All applicable federal, state, and local taxes associated with the awarding of any Prize are the sole responsibility of the Winner. Sponsor may, in its sole discretion, substitute prizes or cash of comparable value.
THE PRIZE DOES NOT INCLUDE TRAVEL TO OR FROM ANY PARTICIPATING MALL. WINNER IS REQUIRED TO PROVIDE AND PAY FOR HIS/HER OWN TRAVEL ARRANGEMENTS TO REDEEM THE PRIZE.
Odds of winning the Prize depend on the number of eligible entrants. For this Promotion, many will enter and only one (1) will be selected as the Winner for each calendar month (for a total of twelve (12) potential Winners).
9) WINNER IDENTIFICATION & OFFICIAL RULES: The name of the Winner will be posted on a “contest page” which will be published on each of the Participating Mall’s websites after eligibility is confirmed. Or, to obtain the name of the Winner, send a request via email to firstname.lastname@example.org or mail a letter request and self-addressed stamped envelope to: PREIT, 2005 Market Street, Suite 1000, Philadelphia, PA 19103, Attn: Marketing. To obtain a copy of these Official Rules, send a self-addressed, stamped envelope to the above address, Attn: Official Rules Request, PREIT Malls Shopping Spree. Requests for Official Rules must be received by December 1, 2020.
10) RELEASES: All Promotion entrants, by participating in the Promotion, agree to release Sponsor and its Agents and the respective subsidiaries, divisions, affiliates, and all employees, officers and directors of each (the “Released Parties”), from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses of any kind to persons and property which may be sustained in connection with (a) participating in the Promotion, (b) receipt or use of the Prize, (c) traveling to, preparing for and/or participating in the Promotion and/or any Prize-related activity, and/or (d) any typographical or other error in these Official Rules or in the announcement or offering of the Prize. Any Prize or portion of a Prize not accepted by an eligible Winner shall be forfeited. The Winner shall bear all risk of prize loss or theft after the Prize has been delivered. Promotion entrants assume all risks associated with the Promotion, and hereby agree that the Released Parties will not be responsible or liable for any injury, harm, death, damages, costs or expenses related thereto.
Sponsor and its Agents are not responsible for any personal injury to any Promotion entrant or for property damage or losses of any kind which may be sustained resulting from participation in the Promotion or use of any website. Sponsor and its Agents are not responsible for any attempt by a Promotion entrant or other individual to deliberately damage or undermine the legitimate operation of this Promotion, including but not limited to any fraudulent assertions, statements or claims, which may be a violation of criminal and civil laws. Should such an attempt be made, Sponsor and its Agents reserve the right to seek remedies and damages from any such entrant or individual, to the fullest extent permitted by law, including criminal prosecution.
(a) Participation in the Promotion constitutes each entrant's fully binding and unconditional agreement to and acceptance of these Official Rules.
(b) By participating in the Promotion, each entrant grants Sponsor and its Agents the unfettered and unconditional right to use entrant's name, likeness, portraits, biographical information, statements, interviews or other materials relating to entrant in any media, whether now known or hereafter invented, throughout the world for any purpose whatsoever, without limitation, and without additional review, compensation, or approval from entrant or any other party, including, without limitation, in advertising and promotion related to the Promotion. Prior to being awarded the Prize, the Winner must agree to sign an affidavit and release to this effect, unless the Winner resides where such affidavit and/or release is prohibited by law.
(c) The Winner is responsible for all federal, state and local taxes applicable to the award of the Prize. All applicable federal, state and local laws and regulations apply.
(d) The Winner is responsible for all rules, regulations, terms and conditions of the Issuing Entity notwithstanding any conflict with these Official Rules.
(e) By participating in the Promotion, each entrant gives his/her express permission to be contacted by Sponsor and its Agents, by the Participating Malls, by the tenants, licensees and/or occupants at and associated with such Participating Malls, and/or by the Issuing Entity (subject to its terms), by email, mail, text message, phone, and/or other electronic means in connection with the Promotion and for marketing purposes until such time, if any, that such entrant elects to opt out of such communications.
(f) Sponsor and its Agents reserve the right to cancel or modify the Promotion if fraud, technical failures, or any other factor impairs the integrity of the Promotion, or for any other reason or for no reason, as determined by the Sponsor and its Agents in their sole discretion. In such event, Sponsor and its Agents reserve the right to (but are not required to) select the Winner at random from among all non-suspect, eligible entries received up to the time of the impairment or cancellation in a matter determined by Sponsor in its sole discretion to be fair, appropriate and consistent with these Official Rules; a notice of cancellation will be posted on each Participating Mall's website and at www.preit.com. Should Sponsor determine in its sole discretion that there are insufficient entries to proceed with the Promotion, Sponsor reserves the right to cancel the Promotion.
(g) If for any reason, any aspect of the Promotion is not capable of running as planned, including due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failures or disruption, ‘Acts of God’ or terrorist attacks, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Promotion, or for any reason Sponsor deems it necessary, Sponsor reserves the right in its sole discretion to cancel, terminate, or modify the Promotion and reserves the right in its sole discretion to determine the Winner of the Promotion.
(h) The Promotion shall be governed by and interpreted under the laws in and of the Commonwealth of Pennsylvania and any legal action concerning the Promotion shall be brought only in a state or federal court located in Philadelphia, Pennsylvania. In all circumstances, a legal action must be brought individually, NOT as a part of a class action and the participant will only be able to recover his/her actual out of pocket costs (if any) in conjunction with participation in the Promotion and he/she expressly waives any right to all other damages (including, but not limited to compensatory, incidental, consequential or punitive damages). Should any of the provisions of these Official Rules be deemed invalid or unenforceable by any court of competent jurisdiction, that portion shall be deemed severed or restricted and the remainder of the Official Rules shall remain in full force and effect.
(i) Sponsor’s failure to enforce any term or condition of these Official Rules shall not constitute a waiver of that provision or any other provision.
Capital City Mall https://www.shopcapitalcitymall.com/
Cherry Hill Mall https://www.cherryhillmall.com/
Cumberland Mall https://www.cumberlandmallnj.com/
Dartmouth Mall https://www.shopdartmouthmall.com/
Exton Square Mall https://www.extonsquare.com/
Fashion District Philadelphia https://fashiondistrictphiladelphia.com/
Francis Scott Key Mall https://www.shopfskmall.com/
Jacksonville Mall https://www.shopjacksonvillemall.com/
Magnolia Mall https://www.shopmagnoliamall.com/
Mall at Prince Georges https://www.mallatprincegeorges.com/
Moorestown Mall https://www.moorestown-mall.com/
Patrick Henry Mall https://www.shoppatrickhenrymall.com/
Plymouth Meeting Mall https://www.shopplymouthmeetingmall.com/
Springfield Mall https://www.shopspringfieldmall.com/
Springfield Town Center https://www.springfieldtowncenter.com/
Valley Mall https://www.shopthevalleymall.com/
Valley View Mall https://www.myvalleyview.com/
Viewmont Mall http://www.shopviewmontmall.com/
Willow Grove Park http://www.willowgroveparkmall.com/
Woodland Mall http://www.shopwoodlandmall.com/
END OF OFFICIAL TERMS AND RULES