“PYW 2012 SWEEPSTAKES”
SPONSORED BY GAMESTOP, INC.
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “PYW 2012 Sweepstakes” (“Sweepstakes”) commences at 9:00 AM CT on December 26, 2011 and ends at 11:59 PM CT on January 22, 2012 (“Sweepstakes Period”). All entries must be received by 11:59 PM CT on January 22, 2012. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to legal residents of the 50 United States and the District of Columbia who are at least 18 years of age at time of entry. Entrants who are 18 years of age, but have not yet reached the age of majority in the jurisdiction in which they reside (“Minors”) must obtain parental or legal guardian consent to be eligible to enter Sweepstakes. Employees of GameStop, Inc. (“GameStop” or “Sponsor”), The Marketing Arm, Inc. (“Administrator”), and Unique Vacations, Inc. worldwide representatives of Beaches Resorts (“Prize Provider”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes, and their respective agents, employees, officers, directors, successors and assigns, together with the Sponsor and Administrator (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, stepparents, stepchildren and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations; and (d) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in the Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim, including claims based on defamation, publicity rights and invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
4. Sweepstakes Overview: This is one (1) Sweepstakes wherein one (1) Winner (hereinafter defined) will be selected during each of the following drawing dates at approximately 3:00 PM CT for a total of four (4) Winners:
January 9, 2012 Drawing No. 1 January 16, 2012 Drawing No. 2 January 23, 2012 Drawing No. 3 January 30, 2012 Drawing No. 4
Drawing No. 1 through Drawing No. 4 will collectively be referred to herein as (“Drawing” or “Drawings”). All Eligible Entries (hereinafter defined) not selected during any one drawing will remain in the entry pool and will be eligible for any subsequent drawings during the Sweepstakes Period.
5. . To Enter: There are three (3) ways to enter Sweepstakes. There is a limit of one (1) entry per entrant, regardless of entry method.
1. Enter Via In-Store Transaction: To enter via this method: (i) make a qualifying purchase totaling $49.99 or more at any participating GameStop® retail store during normal business hours during the Sweepstakes Period; and (ii) use the receipt code located at the bottom of the sales receipt received from that purchase (“Code”) for Sweepstakes entry by visiting www.gamestop.com/playyourway and completing all required fields on the online entry form, including providing the Code when prompted to do so, and you will receive one (1) entry into Sweepstakes.
2. Enter Via Transaction Online: To enter via this method: (i) make a qualifying purchase totaling $49.99 or more online at www.gamestop.com during the Sweepstakes Period; and (ii) use the online order confirmation number included in the email confirmation received from that purchase for Sweepstakes entry by visiting www.gamestop.com/playyourway and completing all required fields on the online entry form, including providing the online order confirmation number when prompted to do so and receive one (1) entry into Sweepstakes.
For purposes of this Sweepstakes, “qualified purchases” shall mean purchases of select titles in the following GameStop® title categories: Sports & Fitness, Music, Party & Dance and Kinect Star Wars (action) and Yoostar MTV (movie). See GameStop® store representatives for more information. A list of titles that are eligible to be qualified purchases is available online at www.gamestop.com/playyourway.
3. Enter via Online: Visit www.gamestop.com/playyourway and complete all required fields on the online entry form and submit as requested and receive one (1) entry into the Sweepstakes. Only fully completed entry forms are eligible. This method of entry does not require the entrant to make any purchase transaction.
There is a limit of one (1) entry per person, regardless of entry method. If it is suspected that an entrant submits more than one (1) entry, only one (1) entry will count. In the event of a dispute over the identity of the person who submitted a winning online entry, the “authorized account subscriber” of the e-mail account used to participate in the Sweepstakes at the actual time of entry will be deemed to be the entrant. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be requested by Sponsor.
Entrants selected as a Winner must be prepared to travel within one (1) year from the time they are selected and verified. If a potential Winner is not available, able or willing to travel within that time period, Winner privileges will be terminated, the Prizes will be forfeited and an alternate Winner will be selected in a random drawing from among the remaining applicable Eligible Entries.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of becoming a Sweepstakes Winner depend on the total number of Eligible Entries received during the Sweepstakes Period.
6. Prizes: The four (4) Winners (hereinafter defined) will each receive one (1) prize consisting of: (i) a Luxury Included® stay for two (2) adults (ages 18 and over) and two (2) children (age 15 and under), OR (ii) at the prize winner’s option four (4) adults (ages 18 or over) to one of the four Beaches Resorts located in Turks & Caicos or Jamaica (“Destination”), but subject to change in Sponsor’s sole discretion. These Beaches Resorts include:
Beaches Turks & Caicos Resort Villages & Spa - Providenciales, Turks & Caicos Beaches Negril Resort & Spa - Negril, Jamaica Beaches Sandy Bay - Negril, Jamaica Beaches Boscobel Resort & Golf Club - Ocho Rios, Jamaica
The trip will include: (i) round trip coach class air transportation for Winner and Guests which shall originate from an airport of Sponsor’s choice near Winner’s primary residence to Destination provided by Sponsor; (ii) round trip ground transportation for Winner and Guests, to be taken together, between designated airport and Beaches Resort in Destination; (iii) three (3) nights resort accommodations in Destination for Winner and Guests, which will be either one (1) or two (2) deluxe rooms, at Sponsor’s sole discretion,; (iv) Beaches Resorts is a luxury all-inclusive destination so prize also includes all meals, including unlimited gourmet dining (but not specialty on premises meals, or off premises dining) and unlimited premium brand beverages; (v) daily and nightly entertainment; (vi) all land and water sports including scuba diving (for certified divers), snorkeling, (vii) on-resort tips, gratuities and resort taxes, (specialty dining, telephone calls, internet, tours and excursions, spa treatments and services, scuba certification courses, inter-island transportation, island departure taxes, purchases made at Beaches Resorts specialty shops, off-resort tips, gratuities, and other incidentals and costs are not included) collectively (“Prize” or “Prizes”). The total approximate retail value of each Prize is $7,000 to $10,000.
The total ARV of all of the Prizes is $28,000 to $40,000. The ARVs are subject to change based on current market conditions at time of Prize fulfillment, and the time of travel and the distance between departure and Destination. Any difference between the ARVs and the actual value, if any, will not be awarded. Winners and Guests must possess valid travel documents in order to travel.
By participating in Sweepstakes, Winners (hereinafter defined) grant the right to Sponsor to record, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, likenesses, voice, conversation and any other attributes of Winner’s personality and appearance, individually or with others, in whole or in part, in conjunction with other material, in any and all media now known or hereafter devised, for the purpose of trade, advertising, promotion or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, consideration, notification or permission, except where prohibited by law.
7. Winner Selection and Notification: There will be four (4) Winners selected in random drawings from among all of the applicable Eligible Entries as specified in Section 4 herein. Administrator will attempt to contact the potential Winners via the telephone number provided at time of entry. No messages will be left on answering machines or voicemail systems. If a potential Winner cannot be reached directly, the potential Winner will be disqualified and an alternate potential Winner will be selected in a random drawing from among the remaining applicable Eligible Entries received. If a potential Winner otherwise is disqualified or becomes ineligible, Winner privileges will be terminated, the Prizes will be forfeited and an alternate Winner will be selected in a random drawing from among the remaining applicable Eligible Entries.
8. Winner Verification: To be eligible to be declared a Winner and to receive the Prizes, the potential Winners must confirm acceptance of the Prizes within three (3) days of being notified of being a potential Winner, and must sign (his or her parent/legal guardian if potential Winner is a Minor), and return to Sponsor and/or Administrator, within three (3) days of receipt of such documents from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, a right that grants Sweepstakes Entities the right to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such release. If a potential Winner does not sign this release (his or her parent/legal guardian if potential Winner is a Minor) and return it within the time frame specified, the potential Winner may be disqualified and the Prizes forfeited. When properly executed, and providing potential Winners are in compliance with the Official Rules, potential Winners will each be determined to be a Sweepstakes winner (“Winner” and collectively “Winners”). Sponsor expressly reserves the right to delay the announcement of the Winners for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate potential Winner in a random drawing in the event that any potential Winner fails to comply with these Official Rules or fails to execute and return the Affidavit of Eligibility and Release and/or Publicity Release documentation within the timeframe specified above.
Potential Winners will also be required to have Guests sign (his or her parent/legal guardian if a Guest is a Minor), a Liability/Publicity Release that must be returned along with the potential Winner’s Affidavit of Eligibility/Publicity Release within three (3) days of issuance. If potential Winners and Guests do not sign these releases and any other documents provided by Administrator and Sponsor, with respect to the Prizes and return them within the time frame specified, the potential Winners will be disqualified and the Prizes forfeited. If a Winner or Guest is a Minor, he or she must be accompanied by his or her parent/legal guardian and such person must pay his or her own expenses unless he or she is the Guest or Winner as applicable. If a Winner chooses not to take a Guest, then the Guest elements will be forfeited and the remaining elements shall constitute full satisfaction of the Prize. Winners and Guests must agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner. Prizes will be forfeited if a Winner or Guest (or a parent or legal guardian acting on behalf of a Winner or a Guest) fails to comply with the terms and conditions of these Official Rules.
By participating in Sweepstakes, Winners acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prizes and that Winners (or his or her parent/legal guardian if Winner is a Minor) will be responsible for obtaining and paying for any life, travel, car, accident, property or other form of insurance relating to the Prizes.
Winner and Guests must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prizes and return them as instructed within the time frame specified or Winner may forfeit Prizes at Sponsor’s sole discretion.
9. Prize Terms: The dates for fulfillment of the Prizes will be within one (1) year from Winner selection date. If for any reason any Prize is unavailable or any Prize related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes and award a substitute Prize, or portion of Prize, of comparable or greater value, as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prizes, or any portion thereof, is permitted by a Winner. Sweepstakes Entities shall have no responsibility or obligation to a Winner or potential Winner who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prizes, including, without limitation; meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, any equipment to be used in connection with the Prizes, are solely Winner’s responsibility. The Prizes are provided “as is”. Entrants acknowledge that Sweepstakes Entities have neither 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 Prizes, including any express warranties provided by a Prize supplier that are sent along with the Prizes. Arrangements for the fulfillment of the Prizes will be made by Sponsor and/or Administrator.
Winners must supply Administrator and/or Sponsor with his or her social security number for tax purposes. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prizes granted if the actual value of the Prizes is over $600. All federal, state and local taxes, and any other costs and expenses associated with acceptance and/or use of Prizes not specifically provided for in these Official Rules are solely the Winner’s responsibility.
Sponsor will determine the airline and hotel in its sole discretion. Winner and Guest must travel on the same itinerary. All travel dates are subject to change in Sponsor’s sole discretion. If Winner is not available, able or willing to travel within one (a) year from the Winner selection date, Winner privileges will be terminated and an alternate Winner will be selected in a random drawing from the remaining applicable Eligible Entries. Travel restrictions, conditions and limitations may apply. Prizes are subject to resort space availability and selected blackout dates. Beaches Resorts reserves the right to relocate any confirmed prizewinner from their resort of choice to an alternate resort within the chain based upon availability of space for the secured travel dates. Travel arrangements are subject to availability and must be roundtrip. Sweepstakes Entities shall not be responsible for any damage to baggage or any cancellations, delays, diversions or substitutions or any acts or omissions whatsoever by the air carriers, hotels or other transportation companies or any other persons providing any of the services and accommodations necessitated by same. Winners and Guests must possess valid travel documents in order to travel.
10. General Terms: Sweepstakes Entities are not responsible if the Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason the Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right to modify the Sweepstakes or any part of the Sweepstakes. If the Sweepstakes is terminated prior to the end date stated herein, notice will be posted on www.gamestop.com/playyourway and the Prizes will be awarded to Winners to be selected in a random drawing from among all Eligible Entries received up until and or after, if applicable, the time of modification, cancellation or termination. Sponsor reserves the right to modify and amend these Official Rules from time to time during the Sweepstakes for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
By participating in the Sweepstakes, all entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in the Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. This includes, but is not limited to, any and all claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity.
Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, damaged, destroyed, delayed, misdirected, not received, postage due mail entries, entries that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in the Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of the Sweepstakes, errors in processing entries, identifying the Winners, in the announcement of the Prizes and Winners, and the delivery of the Prizes, any problems or technical malfunction of any telephone network or lines, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software related to or resulting from participation or downloading any materials in the Sweepstakes. Use of any device to automate or subvert entry is prohibited. No software-generated, robotic, programmed, script, macro or other automated online entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated online entry; (ii) to have tampered with the entry process or the operation of the Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with the Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY A WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A WINNER WILL BE IMMEDIATELY TERMINATED.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. THE TEXAS COURTS (STATE AND FEDERAL) LOCATED IN TARRANT COUNTY, TEXAS SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF TEXAS SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
11. Request for Names of Winners and Official Rules: All requests for a copy of the Official Rules and for the names of the Winners must be made by March 22, 2012. Vermont residents may omit return postage if requesting a set of Official Rules. For the names of the Winners and/or Official Rules: (i) send a self-addressed stamped envelope to: The Marketing Arm Inc., “PYW 2012 Sweepstakes”, #140, 233 Rock Road, Glen Rock, NJ 07452; and (ii) write “Winners List” and/or “Official Rules” on the lower left hand corner of the envelope.
12. Sponsored by: This Sweepstakes is sponsored by GameStop, Inc., 625 Westport Parkway, Grapevine, Texas 76051.
13. Administered by: This Sweepstakes is administered by The Marketing Arm Inc., 1999 Bryan Street, Suite 1800, Dallas, TX 75201.