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NO PURCHASE NECESSARY. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCE OF WINNING. 1. Eligibility: Believe Promotion (the "Promotion") is open only to legal residents of the fifty (50) United States (including District of Columbia) who are at least eighteen (18) years old at the time of entry. Employees of Sponsor (as identified below) and its parent and affiliate companies, as well as the immediate family (spouse, parents, siblings and children) and household members of each such employee, are not eligible. Promotion is subject to all applicable federal, state and local laws and regulations. Void where prohibited. Participation constitutes each 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. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Promotion consists of two (2) contests (the "Contests") and a sweepstakes (the "Sweepstakes"). 2. Sponsor: Advertex Communications, Inc., d/b/a Macy's Marketing, 151 West 34th Street, New York, NY 10001. 3. Timing: The Promotion begins on November 1, 2009 at 12:00 a.m. Eastern Time ("ET") and ends on December 11, 2009, 2009 at 11:59 p.m. ET (the "Promotion Period") but all Contest entries must be received by midnight ET on December 3, 2009 ("Contest Entry Period"). Sponsor's computer is the official time keeping device for this Promotion. 4. How to Enter the Contests: During the Contest Entry Period, that is before midnight ET on December 3, 2009, visit http://social.macys.com/believe2009 and submit either
6. Administration: All potential winners are subject to verification before any prize will be awarded. Each contestant may enter the Contest only one (1) time but participants (including contestants and all voters) can vote up to one (1) time per day throughout the Promotion Period to enter the Sweepstakes with every vote. Multiple entrants are not permitted to share the same email address. Any attempt by any entrant to obtain more than one play/entry per day by using multiple/different email addresses, identities, registrations and logins or any other method will void that entrant's plays/entries and that entrant may be disqualified from the Contest or Sweepstakes, as applicable. Use of any automated system to participate is prohibited and will result in disqualification. Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible or misdirected registrations, which will be disqualified. In the event of a dispute as to any registration or play, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holder. 7. Sweepstakes Winner: Sponsor will randomly select a potential Sweepstakes winner, from all eligible entries on or around early January. 8. Contest Winners: Sponsor will identify a potential winner of each Contest, based on total votes received, on or around early January. 9. Verification of Potential Winners: All potential winners are subject to verification by Sponsor, whose decisions are final and binding on all matters related to the promotion. A potential winner is not a winner of any prize, unless and until that person's eligibility, selection and identity have been verified and such potential winner has been notified and fulfilled the conditions set forth in these Official Rules so that the verification process is complete. Sponsor reserves the right to disqualify any participant who is found to have failed for any reason to have complied with these Official Rules. 10. Compliance with Official Rules: Potential winners also must continue to comply with all terms and conditions of these Official Rules after notification and receipt of a prize is contingent upon fulfilling all requirements. Potential winners will be notified by mail or email. The potential winner will be required to sign and return to Sponsor, within ten (10) days of the date notice is sent, an Affidavit of Eligibility, Liability and Publicity Release (except where prohibited) ("Affidavit") in order to claim a prize. If a potential winner is a minor in his/her state of legal residence, potential winner's parent/legal guardian will be required to sign and return such Affidavit to Sponsor within such period. If a potential winner of any prize cannot be contacted, or fails to sign and return the Affidavit within the required time, the potential winner forfeits the prize. In the event that a potential winner of a prize is disqualified for any reason, Sponsor will award the prize to an alternate winner. If the potential winner disqualified is a Contest winner, the alternate will be the person with the next highest number of votes in the applicable Contest. If the disqualified potential winner was entered in the Sweepstakes, the alternate will be chosen by a random drawing from among all remaining eligible entries. 11. Prizes: Contest Prizes: Each winner will receive a trip for four (4) to New York, NY to see the 2010 Macy's Thanksgiving Day Parade. Trip package includes roundtrip coach-class air transportation for four (4) from a major airport near winner's home to New York, NY; three (3) nights' accommodations at a hotel determined by Sponsor in its sole discretion (single room, double occupancy) plus a $1000 Macy's Shopping Spree. Winner and companions must be available to travel November 24th to November 27th of 2010 or the prize will be forfeited. Trip must be booked at least thirty (30) days prior to departure. Travel must be roundtrip. Sponsor will determine airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those of Sponsor's airline carrier of choice, as detailed in the passenger ticket contract. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation, meals, incidentals, passenger tariffs or duties, airline fees, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Unless a child of the winner, each travel companion must be eighteen (18) years of age or older as of the date of departure and must travel on same itinerary and at the same time as the winner. If winner is a minor in his/her state of residence, one travel companion must be winner's parent/legal guardian. Travel companions must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. If in Sponsor's judgment air travel is not required due to winner's proximity to prize location, ground transportation will be substituted for roundtrip air travel at Sponsor's sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Approximate Retail Value ("ARV"): $5,850 per Contest winner. Actual value will vary based on airfare fluctuations and distance between departure and destination. Winner will not receive difference between actual and approximate retail value. Sweepstakes Prize: One (1) winner will receive a $1,000 Macy's gift card (standard terms and conditions apply). ARV: $1,000. Odds of winning Sweepstakes depend on the number of eligible entries received. For All Prizes: Limit one prize per person. No cash equivalent and all prizes are non-transferable and no substitution will be made except at the Sponsor's sole discretion. Sponsor reserves the right to substitute a prize for one of equal or greater value if the designated prize should become unavailable for any reason. Winner is responsible for all taxes and fees associated with prize receipt and/or use. TOTAL ARV OF ALL CONTEST PRIZES IS: $11,700. TOTAL ARV OF SWEEPSTAKES PRIZE IS $1,000. 12. Release: By receipt of a prize, each winner agrees to release and hold harmless Sponsor and their respective subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies and each of their respective parent companies and each such company's officers, directors, employees, insurers and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, or damage to or loss of property, arising out of participation in the Promotion or receipt or use or misuse of any prize. 13. Publicity: Except where prohibited, participation in the Promotion constitutes winner's consent to Sponsor's and its agents' use of winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any media, worldwide, without further payment or consideration. 14. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Promotion or any portion of it, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award the prizes at random from among the eligible entries received up to the time of the impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or any portion of it, to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. 15. Limitations of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Promotion; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Promotion; (4) technical or human error which may occur in the administration of the Promotion or the processing of entries; or (5) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Promotion or receipt or use or misuse of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Promotion (i.e., another opportunity to enter a Contest or an entry in the Sweepstakes, as applicable), provided that if it is not possible to award another entry due to discontinuance of the Promotion, or any part of it, for any reason, Sponsor, at its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the prizes offered. No more than the stated number of prizes will be awarded. In the event that production, technical, programming or any other reasons cause a disruption of the Promotion, Sponsor reserves the right to award only the stated number of prizes by a random drawing among all legitimate, unawarded, eligible prize claims. 16. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Southern District of New York or the appropriate New York State Court located in New York County; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Promotion, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York. 17. Personal Information: Information provided by entrants is subject to Sponsor's Privacy Policy (http://www.macys.com/service/start/safeshopping/privacy.jsp). 18. Winners: Winners will be posted on http://www.macys.com after the Promotion Period. |