Sparc Group – Ultimate Concert – Win transportation and no additional compensation will be provided in lieu of air transportation
Ultimate Concert Sweepstakes Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law. Subject to all federal, state and local laws.
Sponsor: The Ultimate Concert Sweepstakes (the “Sweepstakes”) is sponsored by SPARC Group LLC, 11 Pennsylvania Plaza, New York, 10001 (“Sponsor”).
Sweepstakes Entry Period: The Sweepstakes begins at 7:00 a.m. Pacific Standard Time (“PST”) on December 15, 2022 and ends at 11:59:59 p.m. PST on December 24, 2022 (the “Sweepstakes Period”).
Eligibility: Open only to legal residents of the 50 United States, the District of Columbia and Puerto Rico who are 16 years of age or older as of date of entry (“Entrant”). Minors must have their parent or legal guardian’s permission to enter. Persons who at any time during the Sweepstakes Period are employees, officers or directors of Sponsor, their respective affiliates, parents, subsidiaries, divisions, suppliers, distributors and advertising, promotional and judging agencies (all such individuals and entities collectively referred to herein as the “Related Parties”) and their immediate family members (defined as parents, siblings, spouses and children; whether biological, adopted, step or in-law) and/or those living in the same household (whether related or not) of each are not eligible to participate or win. Participation constitutes 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 Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of the winner.
How to Enter: There is NO PURCHASE NECESSARY to participate. A purchase does not increase your chances of winning. During the Sweepstakes Period, visit your local participating Aeropostale or Forever 21 store location to receive an entry card (“Entry Card”), scan the QR code and follow the instructions to complete a registration form including the unique code found on the Entry Card and submit your entry (“Code Entry”) into the Sweepstakes. Unique codes may only be used once during the Sweepstakes Period. No information regarding Code Entries, other than as otherwise set forth in these Official Rules, will be disclosed. Code Entries must be received by 11:59:59 p.m. PST on December 24, 2022 to be included in the random drawing.
To Enter without a Store Visit: By sending a 3″ x 5″ paper with your complete name, email address, mailing address and date of birth in a hand-addressed, stamped envelope, to: Ultimate Concert Sweepstakes Entry, P.O. Box 7690, Melville, NY 11775-7690 (“Mail-in Entries” together with Code Entries are collectively, “Entries”). Mail-in Entries must be mailed separately [one (1) Mail-in Entry per envelope]. Mail-in Entries must be postmarked by December 27, 2022 and received by December 31, 2022 to be entered into the random drawing. Mechanically reproduced Mail-in Entries are automatically void. Sponsor is not responsible for lost, late, illegible or postage-due Mail-in Entries.
Limit: One (1) Entry per person/email address per day of the Sweepstakes Period, regardless of method of Entry. Any attempt by any Entrant to obtain more than one Entry, regardless of method of Entry, by using multiple/different email addresses, mailing addresses, identities, registrations and logins, or any other methods will void such Entries and that Entrant may be disqualified. Use of any automated or computer system to participate is prohibited and will result in disqualification. Normal Internet access and usage charges imposed by your online service may apply. If entering via mobile device, normal phone/data and usage charges imposed by your phone service may apply. Standard data rates may apply if entering via mobile device. Incomplete, corrupted, or untimely Entries are void and will be disqualified. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen or misdirected Entries; lost, interrupted, or unavailable network, server, or other connections; or miscommunications, computer or software malfunctions, telephone transmission problems, technical failures, garbled transmissions, damage to a user’s computer equipment (software or hardware), or other errors or malfunctions of any kind, whether human, mechanical, electronic or otherwise. Proof of submission will not be deemed to be proof of receipt by Sponsor. In the event of a dispute as to the identity of an Entrant, the authorized account holder of the email address used to enter will be deemed to be the Entrant or participant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holder. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win.
Random Drawing: On or about January 6, 2023, one (1) Grand Prize winner and nine (9) First Prize winners will be randomly selected from among all eligible Entries received throughout the Sweepstakes Period. Drawing will be conducted by an independent judging organization whose decisions are final and binding on all matters related to the Sweepstakes. The odds of winning a prize depends on the total number of eligible Entries received throughout the Sweepstakes Period.
Winner Notification: The potential Grand Prize winner and potential First Prize winners will be notified by email. Each potential winner (or parent/legal guardian if potential winner is a minor in their state of residence) must then sign and return via DocuSign, a Declaration of Compliance, Liability & Publicity Release (where legal) (collectively, “Declaration”). Each Declaration must be completed, signed and returned via DocuSign within seventy-two (72) hours after delivery of the Declaration to each potential winner. The “Released Parties” (as defined below) shall have no liability for any winner notification that is lost, intercepted or not received by a potential winner for any reason. If, despite reasonable efforts, a potential winner does not respond within the time period specified in the prize notification, or if a prize or prize notification is returned as unclaimed or undeliverable to such potential winner, or if a Declaration is returned undeliverable, or in the event that a potential winner is determined to be ineligible for any reason or has not complied with these Official Rules such potential winner will forfeit the prize and an alternate winner may be selected, time permitting. If a potential winner is found to be ineligible, or if a potential winner has not complied with these Official Rules or declines a prize for any reason prior to award, such potential winner will be disqualified and an alternate winner may be selected, time permitting. All winners will be subject to eligibility verification. An Entrant is not a winner of any prize unless and until Entrant’s eligibility has been verified and Entrant has been notified that verification is complete.
Prizes and Approximate Retail Value (“ARV”): One (1) Grand Prize: Two (2) tickets to attend a Sponsor-specified concert (on either May 26th, May 27th or May 28th, 2023 as determined by Sponsor) in the New York metro area along with a three (3) day/two (2) night trip for winner and one (1) travel companion to New York City, NY. Trip includes round-trip economy class air transportation from the major airport nearest winner’s primary residence for winner and one (1) travel companion to a major airport near New York City, two (2) night Sponsor-specified deluxe hotel accommodations (double occupancy), round-trip ground transportation to/from airport/hotel/concert venue (Total Grand Prize ARV $5,000 USD). If Grand Prize winner is a minor in the winner’s state of residence, winner’s parent or legal guardian must accompany winner on the trip and attend the Sponsor-specified concert as travel companion. In the event the Sponsor-specified concert is cancelled or postponed due to circumstances beyond Sponsor’s control, Sponsor reserves the right to offer a prize of equal or greater value. Grand Prize winner is responsible for any loss of prize or portion of prize after it has been booked. Travel must take place on the dates specified by Sponsor in May of 2023 or Grand Prize will be forfeited and an alternate winner selected, time permitting. All fees and expenses (such as security fees, gratuities, luggage fees, meals and ground transportation, and incidental charges) related to acceptance and uses of the travel prize not specifically stated herein are the sole responsibility of the Grand Prize winner. In the event the Grand Prize winner lives within one-hundred fifty (150) miles of Sponsor-specified concert, winner will receive $150 in lieu of ground transportation and no additional compensation will be provided in lieu of air transportation. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. Grand Prize Winner and travel companion must travel together on the same itinerary. Seat selection and timing of trip subject to confirmation of reservations. Winner’s travel companion or winner (if travel companion is a minor and winner’s child/charge), will be required to execute a release of liability prior to travel. Grand Prize winner and travel companion must possess valid travel documents (i.e., a valid government-issued photo ID, etc.) and travel on the same itinerary. Grand Prize winner and travel companion are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carriers or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the Grand Prize winner’s and winner’s travel companion’s transportation and such contracts shall be solely between the Grand Prize winner, winner’s travel companion and such transportation companies. All travelers must also pass any required medical testing and comply with any additional requirements, at any time, that may be required or recommended by any government agency, airline, hotel, concert and tour venue or Sponsor, including without limitation, passing one or more COVID-19 antigen and screening tests, and testing negative for COVID-19 or having been vaccinated against COVID-19. Travelers may also be required to execute any assumption of risk and/or other documents relating to COVID-19 or they may not be permitted to travel. In the event the Grand Prize winner and/or travel companion engages in behavior during travel or participation in the Grand Prize that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal, or that is intended to threaten or harass any other person, or that in any way disparages or adversely affects the reputation, image, and/or customer goodwill of Sponsor or any of Sponsor’s services, products, trademarks, service marks, or logos, Sponsor reserves the right to terminate the travel early, and send that Grand Prize winner and travel companion home (at winner/travel companion’s own expense) with no further obligations or compensation whatsoever to the Grand Prize winner and/or travel companion (which may, in Sponsor’s sole discretion, result in the Grand Prize winner’s disqualification from the Sweepstakes and forfeiture of prize). In the event the Grand Prize winner or travel companion engage in behavior during travel or participation in Grand Prize that (as determined by Sponsor in its sole discretion) is illegal, tortious, or subjects that Grand Prize winner or travel companion to arrest or detention, Sponsor shall have no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by Grand Prize winner or travel companion as a result of such conduct. Grand Prize winner and travel companion must comply with all venue and artist rules and guidelines. Nine (9) First Prizes: Two (2) tickets to winner’s choice of a local concert, based on availability (ARV: $1,000 each). Transportation and accommodations not included with prize. Prizes must be used on date specified corresponding to available concert and seat assignments are Sponsor-specified. If First Prize winner is a minor in winner’s state of residence, winner’s parent/legal guardian must attend the winner’s selected concert as winner’s guest. First Prize Winners’ guests or a winner (if a guest is a minor and winner’s child/charge), may be required to execute a release of liability prior concert. First Prize winners and guests must follow all venue and artist rules and regulations and must follow any applicable COVID protocols applicable at time of concert. Prize Restrictions: Prizes cannot be substituted, assigned, transferred, or redeemed for cash. Sponsor will not replace any lost or stolen prizes or prize components. Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prizes not specifically stated herein are the sole responsibility of the winners. Limit one prize per person/household. All winners (or parent/legal guardian, if winner is a minor in winner’s state or residence) will be issued a 1099 tax form for the actual retail value of their prize. THE RELEASED PARTIES SHALL HAVE NO LIABILITY FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING FROM OR ARISING OUT OF ANY TRAVEL RELATED TO THE PRIZE OR ANY OTHER ASPECT OF A PRIZE WINNER’S OR TRAVEL COMPANION’S/GUEST’S ACCEPTANCE OR USE OF THE PRIZE.
General Conditions: Sponsor has the right, in its discretion, to cancel, suspend and/or modify the Sweepstakes, or any part of it, to modify these Official Rules immaterially, at any time in its discretion, including without limitation in the event of any changes to the terms applicable to government shutdowns or in connection with any fraud, technical failure or problem or occurrence that in Sponsor’s judgment impairs the integrity or proper functioning of the Sweepstakes or prevents the Sweepstakes from being conducted as planned, as determined by Sponsor in its sole discretion. In the event of cancellation or early termination of the Sweepstakes, the random drawing will be conducted from all eligible Entries received prior to cancelation. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES 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, 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. Sponsor, in its sole discretion, will determine the validity of each Entry. If Sponsor determines or believes that any Entry is fraudulent, illegitimate or invalid, or that any Entrant has failed to comply with or has violated any provision of these Official Rules, Sponsor will have the right in its discretion to disqualify any affected Entrant and/or to void any suspect or affected Entries. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including, without limitation, in advertising or marketing materials), these Official Rules shall prevail.
Release and Limitations of Liability: All Entrants (or parent/legal guardian for any minor Entrants), as a condition of Entry into the Sweepstakes, agree to release and hold harmless Sponsor and Related Parties, each of their respective agencies, parents, subsidiaries, affiliates and each of their respective officers, directors, shareholders, members, employees, agents, assigns, and all others associated with the development and execution of the Sweepstakes (collectively the “Released Parties”) from and against any and all liability, claims or actions of any kind whatsoever for injuries, damages, or losses to persons or property which may be sustained in connection with submitting an Entry or otherwise participating in any aspect of the Sweepstakes, the receipt, ownership or use or misuse of any prize awarded or any typographical or other error in these Official Rules, Entry Card or the announcement or offering of the Prizes. Winners assume all liability for any injury or damage caused, or claimed to be caused by participation in the Sweepstakes or use or misuse or redemption of Prize. Acceptance of Prize constitutes permission for Sponsor, and those with their authority, to use winner’s name, and likeness for promotional purposes (including any possible public relations opportunities) without further compensation except where prohibited by law. By entering, Entrant accepts and agrees to be bound by these Official Rules. Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation of the Sweepstakes; violates these Official Rules; acts in an unsportsmanlike or disruptive manner; or acts with intent to annoy, abuse, threaten or harass any other person. The Released Parties are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, or failed, incorrect, inaccurate, incomplete, garbled or delayed electronic communications, whether caused by the sender, by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to participate, or by any human error which may occur in the processing of the Entries in the Sweepstakes. Entries generated by script or bot are not eligible. Sponsor reserves the right to cancel, terminate or modify the Sweepstakes (each a “Sweepstakes Change”) if no Entries are received during the Sweepstakes Period or if the Sweepstakes cannot be completed as planned for any reason, including but not limited to an unforeseen event (“Unforeseen Event”) beyond its control, including but not limited to fire, flood, earthquake, windstorm, epidemic, pandemic, public health crisis, disease, virus, sickness or outbreak or other similar or dissimilar natural disaster; act of God or public enemy; riot or civil disturbance, act of any government or governmental authority, power failure, satellite or equipment failure, failure of telecommunications lines or failure or breakdown of plant, machinery or vehicles operated by a third party; labor dispute, strike, or lockout; actual or threat of war, armed conflict, terrorist attacks, war (declared, undeclared or threatened), explosion, nuclear, or chemical or biological contamination; or a government imposed travel ban, restriction on movement or gatherings, or other government imposed mandate of any kind, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control. In such event, Sponsor may (a) cancel the Sweepstakes entirely, (b) award the prizes from eligible Entries received prior to the Unforeseen Event resulting in the Sweepstakes Change if sufficient eligible Entries have been received (as determined in Sponsor’s sole discretion), or (c) extend the Sweepstakes Period to allow time for more eligible Entries to be received. It is understood that an Unforeseen Event must take place for the Sweepstake Change to be effectuated by Sponsor and that such Sweepstakes Change is not simply at Sponsor’s option for any reason. WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Governing Law/Jurisdiction: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
Arbitration Provision: By participating in this Sweepstakes, each Entrant (or Entrants’ apparent or legal guardian for any minor Entrant) agrees: (i) that any and all disputes the Entrant may have with, or claims Entrant may have against, the Released Parties relating to, arising out of or connected in any way with (a) the Sweepstakes, and/or (b) the determination of the scope or applicability of this agreement to arbitrate, will be resolved exclusively by final and binding arbitration administered by JAMS and conducted before a sole arbitrator in accordance with the rules of JAMS; (ii) this arbitration agreement is made pursuant to a transaction involving interstate commerce, and shall be governed by the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1-16; (iii) the arbitration shall be held in New York City, NY; (iv) 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 Entrant may have entered into in connection with the Sweepstakes; (v) the arbitrator shall apply New York law consistent with the FAA and applicable statutes of limitations, and shall honor claims of privilege recognized at law; (vi) there shall be no authority for any claims to be arbitrated on a class or representative basis, arbitration can decide only Entrant’s and/or Sponsor’s individual claims; the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated; (vii) the arbitrator shall not have the power to award punitive damages against the Entrant or Sponsor; (viii) if the Entrant is able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Sponsor will pay as much of Entrant’s filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive; and (x) with the exception of subpart (vi) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the rules of JAMS, then 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. If, however, subpart (vi) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither Entrant nor Sponsor shall be entitled to arbitrate their dispute. For more information on JAMS and/or the rules of JAMS, visit their website at www.jamsadr.com
Winners’ List: For the list of winners, available for ninety (90) days after February 20, 2023 send an email to: Winners@ultimateconcertsweeps.com with Ultimate Concert Sweepstakes & 11-2724-01 as the subject line. Winners’ names will be sent after winners have been confirmed and verified.