Mall of America® Holiday Rewards Terms and Conditions
Rewards: Holiday Rewards (“Reward(s)”) are not redeemable for cash, and no substitution will be made unless Sponsor, in its sole discretion, determines otherwise. Sponsor reserves the right to substitute a Reward for one of equal or greater value, including cash, in Sponsor sole discretion, if a Reward should become unavailable for any reason. Entrant is solely responsible for reporting and paying any and all applicable federal, state and local taxes, and for any and all other costs, assessments, expenses, and fees associated with Reward, receipt and use. Sponsor will not be obligated to replace any lost, misplaced, destroyed, mutilated, or stolen Rewards. Sponsor makes no warranties concerning any component of a Reward that is not provided directly by Sponsor.
Agreement to Terms and Conditions: By participating in Mall of America Holiday Rewards (the “Promotion”), entrant fully and unconditionally agrees to and accepts these Terms and Conditions and the decisions of the Sponsor and/or Administrator (including but not limited to decisions regarding eligibility of entries and the awarding of Rewards), which are final and binding in all matters related to the Promotion. Sponsor’(s) failure to enforce any term of these Terms and Conditions shall not constitute a waiver of that term or any other term in these Terms and Conditions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms and Conditions shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or unenforceable provision were eliminated from the Terms and Conditions.
General Conditions: Sponsor reserves the right, in its sole discretion, to terminate, modify or suspend the Promotion, or any part of it, if, in Sponsor’(s) opinion, there is any suspected or actual evidence of fraud, tampering, computer virus, unauthorized intervention, technical difficulties, or failures, printing or distribution errors, or any other factor beyond Sponsor’(s) reasonable control that may affect or impair the administration, security, fairness or integrity, or proper functioning of the Promotion, as determined by Sponsor in its sole discretion. Sponsor, in its sole discretion, reserves the right to disqualify any individual it finds to be tampering with the entry process or the operation of the Promotion or to be acting in violation of these Terms and Conditions. Any attempt by any person to deliberately undermine the legitimate operation of the Promotion may be a violation of criminal and/or civil law, and, should such an attempt be made, Sponsor reserves the right to prosecute and/or seek damages from any such person to the fullest extent permitted by law. Sponsor is not responsible for incomplete, illegible, misdirected, misprinted, late, or lost entries, submissions or Reward notifications; or for lost, interrupted, inaccessible or unavailable networks, servers, satellites, Internet service providers, websites, or other connections; or for miscommunications, failed, jumbled, scrambled, delayed or misdirected computer, telephone or cable transmissions; or for any technical malfunctions, failures, difficulties, or other errors of any kind or nature; or for the incorrect or incomplete capture of information, or the failure to capture any information. No mechanically reproduced, illegible, incomplete, forged, software-generated or otherwise multiple entries will be accepted. If any dispute regarding identity of any entrant cannot be resolved to Sponsor’(s) satisfaction, that entrant may be disqualified. In the event of any discrepancy or inconsistency between these Terms and Conditions and disclosures or other statements contained in any Promotion-related materials, including but not limited print or online advertising, these Terms and Conditions shall prevail, govern and control. By participating in the Mall of America Holiday Rewards Promotion the entrant agrees to receive email communications from Sponsor pertaining to the Promotion.
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 Reward awarded shall be resolved individually, without resort to any form of class action, and exclusively by the Federal District Court of Hennepin County, Minnesota; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, 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.
Governing Law: The Promotion is governed by the laws of the State of Minnesota, without regard to any choice of law provisions.
Sponsor: The Promotion is sponsored and administered by MOAC Mall Holdings LLC, doing business as Mall of America, (“Sponsor” and “Administrator”), 2131 Lindau Lane – Suite 500 Bloomington, MN 55425.