Westfield Valley Fair's Summer Celebration Scratch-Off Ticket Sweepstakes
Official Rules
NO PURCHASE NECESSARY TO ENTER
A purchase will not improve your chances of winning
Sweepstakes begins August 16, 2024, and ends August 16, 2024
2.1 Copies of Rules. Copies of these Official Rules may be obtained (a) at https://www.westfield.com/united-states/southcenter/EDE_Scratch-Off_Game (the “Website”), or (b) by sending a self-addressed stamped envelope marked “Official Rules” to “Summer Celebration Scratch-Off Ticket Sweepstakes “ c/o Westfield Valley fair Attn.: Contest Services, 2855 Stevens Creek Blvd, Santa Clara, CA 95050.
All coupons are subject to conditions and terms established by the retailer. All decisions of Sponsor are final and binding on all matters relating to this Sweepstakes. Sponsor reserves the right to substitute a prize of equal or greater value. The prize may not be assigned, transferred, changed, exchanged, substituted, or redeemed for cash.
7.1 Errors, Malfunctions, Etc./Fraud/Tampering: The Patrons are not responsible for any incorrect or inaccurate entry information; human errors; technical malfunctions; failures, including public utility outages; omissions, interruptions, deletions, or defects of any telephone network, computer systems, computer equipment, servers, providers, or software, including without limitation any injury or damage to participant’s or any other person’s computer, cell, or wireline telephone relating to or resulting from participation in this Sweepstakes; inability to access the Website or any web pages of the Patrons; theft, tampering, destruction, or unauthorized access to or alteration of entries; data that is processed late or incorrectly or is incomplete or lost due to telephone, computer, or electronic malfunction or traffic congestion on telephone lines or the Internet or any service provider’s facilities or any website (including the Website) or for any other reason whatsoever, including typographical, printing, or other errors, or any combination thereof. The Patrons also are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; or miscommunications or other errors or malfunctions of any kind, whether human, mechanical, electronic, or otherwise. ANY ATTEMPT BY A CONTESTANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE (INCLUDING THE WEBSITE) OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND/OR 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. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the Website, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. All entries become the property of Sponsor and may not be acknowledged or returned. E-mail entries are not permitted. No mechanically reproduced entries will be accepted.
7.2 Official Rules are Final and Binding: By entering this Sweepstakes, Contestants acknowledge that they have read and understand these Official Rules and agree to be bound by and acknowledge compliance with these Official Rules, including without limitation eligibility requirements, and by the decisions of Sponsor. FAILURE TO COMPLY WITH THESE OR ANY OTHER OFFICIAL RULES WILL RESULT IN DISQUALIFICATION. All decisions of Sponsor are final and binding on all matters relating to this Sweepstakes.
7.3 Disqualification: Sponsor reserves the right to disqualify any Contestant at any time, as determined in Sponsor’s sole discretion, should such person at any stage of the Sweepstakes: (a) fail to comply with these Official Rules; (b) supply any untruthful, inaccurate, or misleading personal details and information; (c) refuse or fail to provide proof of identity and/or eligibility if requested by Sponsor at any time; (d) use technology to gain an unfair advantage over any other Contestant; (e) engage in unlawful conduct or misconduct, including without limitation harming or threatening to harm any other Contestant or Patrons’ personnel, exercising violent behavior, or potential or actual cheating; or (f) purposely impede the work of Patrons and/or the implementation of the Sweepstakes. The disqualification of a Contestant shall be final and not subject to appeal or review for any reason whatsoever.
7.4 Construction of Official Rules: These Official Rules cannot be modified or amended in any way except in a written document issued in accordance with law by a duly authorized representative of Sponsor. Neither Sponsor, the Patrons, nor anyone acting on their behalf will enter into any communications with any Contestant regarding this Sweepstakes except as expressly set forth in these Official Rules. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The headings of the paragraphs in these Official Rules are for the convenience of reference only and do not form a part hereof and in no way define, limit, describe, modify, interpret, or construe the meanings of Sponsor, the scope of these Official Rules, or the intent of any paragraph hereof. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor is not responsible for any electronic or typographical error in the printing or reproduction of these Official Rules, administration of the Sweepstakes, or in the announcement of any of the prizes. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor.
7.5 Termination Provisions: Except as prohibited by law, Sponsor reserves the right to terminate this Sweepstakes in the event of a force majeure or other failures or difficulties. If for any reason the Sweepstakes is not capable of running as planned, including as a result of tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sponsor which corrupt or affect the operation, administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Sponsor may in its sole discretion (i) void any suspect entry or (ii) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; and (iii) award the prize at random by a drawing from among the eligible non-suspect entries received up to the time of the impairment. Sponsor reserves the right to suspend or modify this Sweepstakes at any time without notice or obligation. If such modification or suspension occurs, Sponsor will make a commercially reasonable effort to post notice of such on the Website.
7.6 Arbitration Provision: By participating in this Sweepstakes, each Contestant agrees that any claim, dispute, or controversy (whether in contract, tort, otherwise) that it may have with, or claims it may have against, Sponsor or the Patrons arising out of, relating to, or connected in any way with the Sweepstakes, the awarding or redemption of the prize or merchandise, or the determination of the scope or applicability of this agreement to arbitrate shall be resolved exclusively by private, final, and binding arbitration administered by the National Arbitration Forum (“Forum”) and conducted before a sole arbitrator pursuant to the Forum’s Code of Procedure. Further, each Contestant agrees that: (a) This arbitration agreement is made pursuant to and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (b) the arbitration shall be held in Los Angeles County, State of California, or at such other location as may be mutually agreed by the Contestant and Sponsor/Patron; (c) the arbitrator’s decision shall be controlled by the terms and conditions of these Official Rules and any of the other agreements referenced herein that the applicable Contestant may have entered into in connection with the Sweepstakes; (d) the arbitrator shall apply California law consistent with the FAA and applicable statutes of limitations and shall honor claims of privilege recognized at law; (e) there shall be no authority for any claims to be arbitrated on a class or representative basis; arbitration can decide only the Contestant’s and/or Sponsor’s individual claims, and the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; and (f) the arbitrator shall not have the power to award punitive damages against the Contestant, Sponsor, or Patrons. Moreover, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the Code of Procedure established by the Forum, 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. For more information on the Forum and/or the Forum’s Code of Procedure, please visit its website at www.arb-forum.com or contact the Forum at National Arbitration Forum, P.O. Box 50191, Minneapolis, MN 55405, 877-655-7755.
7.7 Choice of Law: All issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules or the rights and obligations of the parties in connection with the Sweepstakes shall be governed by and construed in accordance with the laws of the State of California without regard to choice of law or conflicts of laws principles under California law.
8.1 Release of Claims: Each Contestant acknowledges that there is a possibility that subsequent to his/her involvement with the Sweepstakes and adherence to this Official rules, s/he may discover facts or incur or suffer claims which were unknown or unsuspected at the time agreeing to these Official Rules and which, if known by her/him at that time, may have materially affected his/her decision to participate in the Sweepstakes. Such Contestants acknowledge and agree that by reason of these Official Rules and the release contained in the preceding subsections, s/he is assuming any risk of such unknown facts and such unknown and unsuspected claims. Such Contestants acknowledge that they have read these Official Rules and as such hereby have been advised of the existence of Section 1542 of the California Civil Code which provides:
“A general release does not extend to claims that the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Notwithstanding such provisions, this release shall constitute a full release in accordance with its terms. Such Contestants knowingly and voluntarily waive any statute, law, or rule of similar effect and acknowledge and agree that this waiver is an essential and material term of this release and without such waiver, s/he would not have been permitted to participate in the Sweepstakes or compete for or receive a prize. Such Contestants acknowledge and understand the significance and consequence of this release and of this specific waiver of such laws.
Westfield Valley Fair Management Office
Attn: Contest Services
2855 Stevens Creek Blvd, Santa Clara, CA 95050