b. To participate via text message, you also will need to locate a Backstage Pass in the same manner as described above in Subsection (a) with respect to QR codes. Once you have located a Backstage Pass using a two-way text-messaging capable device, text the keyword on the Backstage Pass to .
i. If you have a MMS web-enabled mobile phone, you will receive a MMS with an embedded Tip Video from a featured designer and a mobile link that directs you to a mobile website where you can play the Instant Win Game. To play the Instant Win Game, click on the mobile link and follow the prompts. If you participate in the Instant Win Game, you will be notified immediately if you are a potential winner. If you are a potential winner of a prize valued over $25, you will be asked to provide your full name and address in order to claim the prize. If you have won a Third or Fourth Prize, you will receive your prize upon verification. You may play the Instant Win Game twenty-four (24) times per day, which is one (1) time per each participating tip video.
ii. If you do not have an MMS web-enabled mobile phone, you will not be able to enter the Instant Win Game from your mobile phone. You may visit
www.macys.com/fym/rules for directions on how to enter and play the Instant Win Game through a mail-in alternate method of entry as described below.
Text STOP to to opt-out. Text HELP to for information.
c. To participate without a mobile device, mail a 3"x5" piece of paper with your name, home mailing address, email address, day/evening phone numbers in an envelope with proper postage to "Macy's Backstage Pass Sweepstakes," P.O. Box 1322 South Bend, IN 46624-1322. Beginning on July 31, 2012, Sponsor will play the Instant Win Game on behalf of entrants for whom Sponsor has received a mail-in entry. Sponsor will play for all entrants whose mailed-in entries are received on or before July 31, 2012. Other than entrants whose entries were received prior to July 31, 2012, Sponsor will play for all such entrants upon receipt of their mailed-in entries. If such an entrant is a potential winner of the Instant Win Game, Sponsor will send the entrant an email notification after the date of the Instant Win Game play. All requests must be postmarked no later than October 16, 2012 and received by October 24, 2012 in order to be included in the Instant Win Game.. All requests must be hand printed, separately mailed and become the exclusive property of the Sponsor. None will be acknowledged or returned. Proof of sending or submission will not be deemed to be proof of receipt by Sponsor. The Sponsor is not responsible for lost, late, incomplete, invalid, unintelligible, illegible, misdirected or postage-due requests, all of which will not be honored.
5.
Promotional Messages: If you enter through the QR Code or Text Message methods of entry described above and check the opt-in box on the registration form indicating that you would like to receive promotional messages from Macy's on your cell phone, you are agreeing to receive automated promotional messages from Macy's on your cell phone. Max three (3) messages per week. Message and data rates may apply. Text STOP to 62297 to Opt-Out. Visit
www.macys.com for Terms and Conditions.
6. Limit: Each entrant may play the Instant Win Game up to twenty-four (24) times per day using any one method or any combination of methods of entry during the Promotion Period. Any attempt by any entrant to obtain more than the stated number of plays by using multiple/different email addresses, smart phones or web-enabled capable devices, identities, registrations and logins, or any other methods will void that entrant's plays and that entrant may be disqualified. Multiple entrants are not permitted to share the same email address or text-messaging capable device. 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 entries or other attempts to participate, which will be disqualified. In the event of a dispute as to any participation, the authorized account holder of the email address, web-enabled or text-messaging capable device used to register will be deemed to be the entrant or player. The "authorized account holder" of an email address, 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. The "authorized account holder" of a web-enabled or text-messaging capable device is the natural person in whose name the device has been issued and to whom the services are billed. Potential winners may be required to show proof of being the authorized account holder. Where there is no account provided, the address used for a mailed-in entry will be used to identify the entrant and no more than the permitted number will be allowed from a single address.
7. : Hipcricket is responsible for the functionality of the Instant Win Game. Administrator is an independent judging organization whose decisions as to the administration and operation of the Instant Win Game and the selection of potential winners are final and binding, as are Sponsor's, in all matters related to the Instant Win Game. Receiving a prize is contingent upon compliance with these Official Rules. From July 21, 2012 through October 24, 2012, there will be twenty thousand six hundred (20,600) random, computer-generated winning times, one for each prize described below. Each entrant who is the first player to play the Instant Win Game at or after one of the randomly generated times will be a potential instant winner of the prize indicated to the entrant. Prizes that are delivered to verified winners will be fulfilled promptly after notification of winning. If a potential winner cannot be verified or a prize is not delivered and returned as undeliverable, that potential winner forfeits such prize. In the event that a potential Grand or First Prize winner is disqualified for any reason, Sponsor will award the applicable prize to an alternate winner selected by random drawing by Administrator from among all remaining entries after October 24, 2012. There will be three (3) alternate drawings. After the third such drawing, any such prizes will remain unawarded. Unclaimed Second and Third Prizes will not be awarded.
8. Prizes: The twenty thousand six hundred (20,600) prizes are as follows: ONE HUNDRED (100) GRAND PRIZES: $500 Shopping Spree (Approximate Retail Value ("ARV"): $500); FIVE HUNDRED (500) FIRST PRIZES: $50 Winning Codes (ARV: $50); FIFTEEN THOUSAND (15,000) SECOND PRIZES: $25 Winning Codes (ARV: $25); FIVE THOUSAND (5,000) THIRD PRIZES: $10 Winning Code (ARV: $10). TOTAL ARV OF ALL PRIZES: $500,000.
9. Redemption of Prizes: Winning Codes may be used to purchase merchandise at any Macy's store or online at macys.com (US only), but may not be redeemed for cash, used to purchase Macy's gift cards/certificates, applied as payment or credit to a credit card account or used in conjunction with any other discount or promotion. Winners must safeguard their Winning Codes because the Winning Code is not replaceable if lost or stolen and no written confirmation of the Winning Code is provided when awarded so any bearer of a Winning Code may use it and the winner is responsible for its loss or theft. Once a Winning Code is used to make a Macy's merchandise purchase, the receipt will show the remaining balance, if any. You may also check the remaining balance by requesting assistance from any Sales Associate. Your Winning Code is required for all purchases and inquiries. Odds of winning depend on the total number of prizes divided by the number of Instant Win Game plays by entrants. Prizes will not be paid out in cash. Prizes are non-transferable and no substitution of will be made except by Sponsor, at the Sponsor's sole discretion. Sponsor reserves the right to substitute any listed prize for one of equal or greater value if a designated prize should become unavailable for any reason. Winners are responsible for all taxes and any fees associated with receipt and/or use of any prize.
10. Release: By participating in the Instant Win Game, each entrant agrees to release and hold harmless Sponsor, J. Walter Thomspon U.S.A, Inc., PercentMobile, Delivr, Administrator, Hipcricket, and their respective parents, subsidiaries, affiliates, suppliers, distributors, and advertising/promotion agencies, together with each of their respective officers, directors, employees, agents, insurers, successors and assigns (collectively, the "Released Parties"), from and against any claim or cause of action, including, but not limited to, personal injury, death and/or damage to and/or loss of property, arising out of participation in the Instant Win Game and/or receipt, use and/or misuse of any prize.
11. Publicity: Except where prohibited, participation in the Instant Win Game and/or receipt of a prize constitutes each winner's consent to use by Sponsor and its designees of such winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes, in any media, worldwide, without further consent, payment and/or consideration.
12. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Instant Win Game, in whole or in part, if any fraud, technical failure or any other factor beyond Sponsor's reasonable control impairs the integrity or proper functioning of the Instant Win Game, as determined by Sponsor in its sole discretion. In such event, Sponsor reserves the right to award prizes at random from among eligible entries received up to the time of the impairment. Sponsor also reserves the right, in its sole discretion, to disqualify any individual that it finds, or reasonably believes, is tampering with the entry process or the operation of the Instant Win Game or may be acting in violation of the Official Rules of this or any other promotion or otherwise acting in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately undermine the legitimate operation of the Instant Win Game may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages to the fullest extent permitted by law. Sponsor's failure to enforce any provision of these Official Rules shall not constitute a waiver of that or any other provision.
13. Limitation of Liability: The Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether due to entrants, printing errors or any equipment or programming associated with or utilized in the Instant Win Game; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in cellular networks, phone lines or network hardware or software; (3) unauthorized human intervention in any part of the entry process or the Instant Win Game; (4) technical or human error that affects the administration of the Instant Win Game or the processing of entries; or (5) any injury or death caused to any person or damage caused to property as may be due, directly or indirectly, in whole or in part, to any entrant's participation in the Instant Win Game or the receipt, use and/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 Instant Win Game, if it is possible to provide such entry. If the Instant Win Game, or any part of it, is discontinued for any reason prior to the award of all prizes, Sponsor, in its sole 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 then remaining to be awarded. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be made available and/or claimed, Sponsor reserves the right to award only the stated number of prizes.
14. Disputes: Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Instant Win Game 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 Eastern District of Michigan (Southern Division) or the appropriate Michigan State Court located in Oakland County, Michigan; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Instant Win Game, 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 any indirect, punitive, incidental and consequential damages or any damages whatsoever other than for actual out-of-pocket expenses or to have and any right to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the respective rights and obligations of entrant and Sponsor in connection with the Instant Win Game, shall be governed by, and construed in accordance with, the laws of the State of Michigan, without giving effect to any choice of law or conflict of law rules (whether of the State of Michigan or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Michigan.
16.
Winner Information: For winner information, visit
http://bit.ly/Ow9Cg9. The winner list will be posted after the conclusion of the Instant Win Game and confirmation of winner information is complete.
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