Contest Rules

 

AÉROPOSTALE/Z100 JINGLE BALL 2013 NY/NJ/CT TRI-STATE “SCRATCH & WIN” GAME OFFICIAL RULES

AÉROPOSTALE/Z100 JINGLE BALL 2013 NY/NJ/CT TRI-STATE

“SCRATCH & WIN” GAME OFFICIAL RULES

 

 

Station: WHTZ-Z100 (the “Station”)

 

Station Address:  32 Avenue of the Americas, New York, NY 10013

 

Telephone: (212) 377-3700

 

NO PURCHASE, PAYMENT OR SALES PRESENTATION OF ANY KIND NECESSARY TO WIN A GAME CARD.  PURCHASE OR SALES PRESENTATION WILL NOT INCREASE YOUR CHANCES OF WINNING. 

 

THIS GAME IS INTENDED FOR PARTICIPATION IN THE STATES OF NEW YORK, NEW JERSEY AND CONNECTICUT (COLLECTIVELY, THE “NEW YORK TRI-STATE”) ONLY AND WILL BE GOVERNED BY U.S. LAW.  NOT VALID OUTSIDE OF THE NEW YORK TRI-STATE.  DO NOT ENTER UNLESS YOU ARE ELIGIBLE AND LOCATED IN THE NEW YORK TRI-STATE. AT THE TIME OF PARTICIPATION.  

 

1.  ELIGIBILITY: THE AÉROPOSTALE/Z100 JINGLE BALL 2013 NY/NJ/CT TRI-STATE

“SCRATCH & WIN” GAME (“GAME”) IS OPEN ONLY TO LEGAL RESIDENTS OF THE NEW YORK TRI-STATE WHO ARE 13 YEARS OF AGE OR OLDER AT THE TIME OF GAME PLAY. Employees, officers, directors and agents of Clear Channel Broadcasting, Inc. , its subsidiaries, affiliated companies and divisions to include individual Stations, iHeartRadio and Clear Channel Media+ Entertainment (collectively, “the Sponsor”), Aeropostale, Inc. (“Aéropostale”), and their parent companies, affiliates, subsidiaries, sales representatives, wholesalers, distributors, printers, and advertising and promotion agencies (collectively, “Promotion Parties”), and members of the immediate families (parent, child, sibling and spouse and their respective spouses, regardless of where they reside) and households of each, whether related or not related, are not eligible to participate. By participating, participants agree to these Official Rules and the decisions of the Sponsor and/or its independent judging agency which are final and binding in all respects. Void outside of the New York Tri-State and where prohibited. Game is subject to all applicable federal, state, and local laws.

 

By participating, each participant (and if eligible minors, their parents/legal guardians) agrees as follows:

 

The Sponsor may from time to time conduct contests concurrently and simultaneously on several participating radio stations owned and not owned by the Sponsor, and in various States, and the Sponsor may add or remove participating stations or change call letters of any participating station at any time during a contest as announced on the affected station.  Participating stations are listed above. For a list of participating stations and/or a copy of the official contest rules, please visit the office of the participating station during normal business hours or send your request to as instructed herein.

 

The Game is administered by the Sponsor and any questions, comments or complaints regarding the Game must be directed to the game administrator. Participant(s) agrees to and acknowledges that any information provided will be used for administering the game and in accordance with Clear Channel privacy practices found here.  Participant(s) also agrees to and acknowledges that Information provided will be used in accordance with Aéropostale’s privacy policy located at http://www.aeropostale.com/helpdesk/index.jsp?display=safety&subdisplay=privacy and applicable data protection laws.

 

2.  HOW TO OBTAIN A GAME CARD: Between December 6, 2013, and December 8, 2013, during normal business hours, visit any of the 82 participating Aéropostale stores located in New York Tri-State (each a “Participating Store”) and request a scratch-off game card from a sales associate at the Participating Store’s register, while supplies last (each a “Game Card”). There are 86,100 Game Cards available, each Participating Store will receive a limited number of Game Cards. Go to www.aeropostale.com/storelocator to find a Participating Store.   Limit one (1) Game Card per person.

 

3. HOW TO PLAY THE GAME: Carefully scratch off the Game play area on the Game Card to reveal an instant prize message, subject to verification, or discount message.  You must then verify the Game Card by visiting http://www.z100.com/pages/aero/ (the “Website”) beginning on December 6, 2013 at 10:00 a.m. EST and ending on December 9, 2013 at 11:45 pm. EST (the “Online Game Verification Period”) and entering the 6 to 8 digit alpha numeric code (a “Game Code”).  Participants may not verify with multiple email addresses nor may participants use any other device or artifice to verify multiple times or as multiple registrants. Any participant who attempts to verify his or her Game Card with multiple email addresses under multiple identities or uses any device or artifice to verify the Game Card multiple times will be disqualified and forfeits any and all prizes won, in Sponsor’s discretion.  When a participant’s Game Code is received and verified by the Website, he or she will receive confirmation of the prize or discount won.

 

4.  GAME PRIZES AND DISCOUNTS/APPROXIMATE RETAIL VALUES (“ARV”): The following prizes are available to be won:  

 

WINNING PRIZE

QUANTITY (TOTAL)

PRIZE

APPROXIMATE RETAIL VALUE (ARV)  (EACH)

PRIZE PROVIDED BY:

ODDS

Grand Prize

10

Apple® iPad Mini® mobile digital device*

$300

Aéropostale

1:8332.33

First Prize

150

Two (2) Tickets to Z100 New York Jingle Ball on 12/13/13 (no transportation provided)

$182

Sponsor

1:573.7

Second Prize

200

$25 Aeropostale Gift Card 

$25

Aéropostale

1:430.03

Discount A

40,820

A coupon good for $10 off a purchase of $50 or more at Aéropostale

 

N/A

Aéropostale

1:1.1

Discount B

44,920

A coupon good for $25 off of a purchase of $100 or more at Aéropostale

 

N/A

Aéropostale

1:0.9

 

*Apple Inc., its subsidiaries and affiliated companies is not endorsing, sponsoring, or otherwise affiliated with this Game in any manner.

 

5.  HOW TO CLAIM SCRATCH & WIN PRIZE/REDEEM DISCOUNT:

 

(a)  If your Game Card reveals that you have won a pair of Z100 Jingle Ball 2013 Tickets during the Online Game Verification Period after you entered your Game Code on the Website (subject to verification), you will then be asked to complete the prize claim registration form online by providing your name, mailing address, email address and telephone number in order to claim the ticket prize.  If a potential ticket winner does not complete the prize claim registration form within this time frame, he or she may be disqualified and an alternate winner may be selected by Sponsor in its sole discretion.  The Station will notify the ticket winners by email or phone, using the email or telephone number provided in the registration and will give the ticket winners instructions on how to claim the tickets from the Station.  The tickets must be retrieved by the ticket winners from the Station on or before Wednesday, December 11, 2013.  If the Station is unable to reach a ticket winner at the email or phone number provided or the ticket winner does not retrieve the tickets from the Station within this time frame, he or she may be disqualified and an alternate winner may be selected by Sponsor in its sole discretion.  If the prize winner is a minor in winner’s state, the prize will be awarded to the winner’s parent or legal guardian.  Prize winner (or winner’s parent or legal guardian if winner is a minor) may be asked to complete an affidavit of eligibility/liability and publicity release at the Station at the time prize winner receives the tickets. All prizes must be claimed by December 9th, 2013 at 11:45pm Eastern.

 

(b)  If your Game Card reveals that you have won an iPad Mini or $25 Aéropostale Gift Card during the Online Game Verification Period after you entered your Game Code on the Website (subject to verification), you will then be asked to complete the prize claim registration form online by providing your name, mailing address, email address and telephone number in order to claim the iPad Mini or gift card prize, as applicable.  If a potential iPad Mini or gift card winner does not validate the Game Card and complete the prize claim registration form within this time frame, he or she may be disqualified and an alternate winner may be selected by Sponsor in its sole discretion.  The Station will notify the iPad Mini and gift card prize winners by email or phone, using the email or telephone number provided in the registration and will give the winners instructions on how to retrieve the iPad Mini or gift card, as applicable, from the Station.  The iPad Mini or gift card must be retrieved by the winner from the Station on or before January 10, 2014.  If Sponsor is unable to reach a potential winner at the email or phone number provided or the prize is not retrieved from the Station within this time frame, he or she may be disqualified and an alternate winner may be selected by Sponsor in its sole discretion.  If the prize winner is a minor in winner’s state, the prize will be awarded to the winner’s parent/legal guardian.  Prize winner (or winner’s parent or legal guardian if winner is a minor) will be asked to complete an affidavit of eligibility/liability and publicity release at the Station at the time prize winner received the iPad Mini or gift card, as applicable. 

 

(c)  If your Game Card reveals that you have won a discount good for $10 off an Aéropostale purchase of $50 or $25 off an Aéropostale purchase of $100 during the Online Game Verification Period after you entered your Game Code on the Website (subject to verification), a printable coupon will pop-up with the $10 off $50 or $25 off $100 discount, as applicable.  You must print the coupon.  To receive the discount, bring the coupon to any Participating Store and present it to the sales associate at the register at the time you make a purchase.  For the $10 off discount, you must make a minimum purchase of $50 or more to redeem your discount.  For the $25 of discount, you must make a minimum purchase of $100 or more to redeem your discount.  If you spend less than the discount amount, you will not receive the difference.  Limit one coupon per person per transaction.   Discount applies to purchases after all discounts have been applied but before applicable taxes.  May not be combined with other discount offers.  Not valid for purchases of gift cards, online purchases or previous purchases. No cash value.  Aéropostale and P.S. from Aéropostale employees not eligible.  Duplication or reproduction of the coupon in any manner voids the coupon and Aéropostale has no obligation to accept it.  Not valid at P.S. from Aéropostale stores.  Discounts must be redeemed in Participating Stores from December 9, 2013 to December 23, 2013. 

 

No substitution, cash redemption or transfer of prize permitted. However, Sponsor reserves right to substitute prize with a prize of equal or greater value if advertised prize becomes unavailable. Gift cards are subject to the terms and conditions set by issuer. Winner and guest of first prize winner must be prepared to travel to New York, NY to attend Jingle Ball at Madison Square Garden on December 13, 2013. No alternative dates are available. Seat selection for Jingle Ball is in Sponsor’s sole discretion. UNCLAIMED PRIZES WILL NOT BE AWARDED.  

 

Winner acknowledges that Promotion Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the Apple® iPad Mini® mobile device prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on an Apple® iPad Mini® mobile device prize (if any) are subject to the respective manufacturers’ terms therefore, and winners agree to look solely to such manufacturers for any such warranty and/or guarantee. 

 

Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.

 

6.  GENERAL CONDITIONS: Participants (and, if eligible minors, their parents or legal guardians) agree (a) that Sponsor and Promotion Parties are released, will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, including death, losses or damages of any kind to person(s) or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any Game Card or participation in this Game or any Game-related activities, including any travel related thereto.

 

7.  DISCLAIMER: Game Cards are void if not obtained through authorized, legitimate channels, or if any part is defective, altered, duplicated, photocopied, forged, counterfeited, mutilated or tampered with in any way, or if Game Cards contain or are the result of printing, seeding, typographical, mechanical or other errors, or do not contain proper security devices. Sole liability for a regular official Game Card is limited to replacement with a free randomly selected official Game Card, while supplies last.  Game Cards may not be transferred, sold, bartered, auctioned (including through Internet auction sites), given away, traded or obtained through any source other than through the method described in these Official Rules  If, for any reason, more valid prize claims are received than there are prizes at any level as listed in these Official Rules, the advertised number of prizes at that level will be awarded through a random drawing from among all valid prize claims received for that prize level.

 

8.  LIABILITY LIMITATIONS: Sponsor and Promotion Parties are not responsible for lost, late, misdirected, incomplete, or non-delivered transactions or e-mail; or for interrupted or unavailable satellite, network, server, Internet Service Provider (ISP), Website, telephone or other connections, availability or accessibility, or miscommunications, or failed computer, satellite, telephone or cable transmissions, or lines, or technical failure or jumbled, corrupted, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures, or technical errors or difficulties, or other errors of any kind whether human, mechanical, electronic or network or the incorrect or inaccurate capture of a transaction or other information or the failure to capture, or loss of, any such information.  Persons who tamper with or abuse any aspect of this Game or otherwise attempt to undermine the legitimate operation of the Game by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other participants or Sponsor representatives, as solely determined by the Sponsor, will be disqualified.  Any use of robotic, automatic, macro, programmed or like methods of transaction will void all such transactions by such methods, and disqualify any participant using such methods.  Sponsor and Promotion Parties are not responsible for injury or damage to participant's or to any other person's computer related to or resulting from participating in this Game or downloading materials from or use of the Website.  Should any portion of the Game be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention, technical failures or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of a transaction, Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Game, and randomly select the participants from transactions received prior to action taken or as otherwise deemed fair and appropriate by Sponsor.  Sponsor and Promotion Parties are not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Game, and assume no responsibility for any error, interruption, deletion, defect, delay in operation, or transmission, communications line failure, theft or destruction, or unauthorized use of the Website.  In case of dispute, the authorized account subscriber of the e-mail account used to enter the Game at the actual time of playing will be deemed to be the participant, and must comply with these Official Rules. The authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet Access Provider, on-line service provider, or other organization which is responsible for assigning e-mail addresses. 

 

In no event will SPONSOR AND PROMOTION PARTIES be responsible or liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages arising out of access to and use of the website or downloading from and/or printing material downloaded from said WebSite.  Without limiting the foregoing, everything on thE WebSite is provided “as is” without warranty of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose or non-infringement.  Some jurisdictions may not allow limitations of exclusion of liability for incidental or consequential damages or exclusion of implied warranties, so some of the above limitations or exclusions may not apply to you. 

 

9. BINDING ARBITRATION: Any controversy or claim arising out of or relating to this Game shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for claimant), or at such other location as may be mutually agreed upon by the parties, in accordance with the procedural rules for commercial disputes set forth in the Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”) then prevailing, and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. The arbitrator shall apply New York law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. In the event that the claimant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, the Sponsor will pay as much of the claimant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor the Sponsor shall be entitled to arbitrate their dispute. Upon filing a demand for arbitration, all parties to such arbitration shall have the right of discovery, which discovery shall be completed within sixty days after the demand for arbitration is made, unless further extended by mutual agreement of the parties.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN THE PARTICIPANT’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED.  DO NOT ENTER THIS GAME IF YOU DO NOT AGREE TO HAVE ANY CLAIM OR CONTROVERSY ARBITRATED IN ACCORDANCE WITH THESE OFFICIAL RULES.

 

BY PARTICIPATING IN THE GAME, EACH PARTICIPANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE PROMOTION, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY THROUGH BINDING ARBITRATION AS SET FORTH ABOVE, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS' FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO EVERY PARTICIPANT.

 

10. GOVERNING LAW & JURISDICTION: All issues and questions concerning the construction, validity, interpretation and enforceability of the Promotion Official Rules, or the rights and obligations of participant and Sponsor in connection with the Game, shall be governed by, and construed in accordance with, the laws of the State of New York, U.S.A., without giving effect to the conflict of laws rules thereof, and any matters or proceedings which are not subject to arbitration as set forth in Section 9 of these Official Rules and/or for entering any judgment on an arbitration award, shall take place in the State of New York, in the City of New York.

 

11. WINNERS’ LIST: For a list of winners, mail a self-addressed, stamped envelope to: 32 Avenue of the Americas, New York, NY 10013. Requests must be received by January 9, 2014.

 

12.  SPONSOR:  Clear Channel, Inc., 32 Avenue of the Americas, New York, NY 10013.

 

Apple and iPad are trademarks of Apple Inc., registered in the U.S. and other countries.

 

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