The Program: Children’s Museum Rewards Program (the “Program”) begins on June 29, 2019, and continues until terminated by the Center (as defined below) (the "Program Period"). Any Participant (as defined below) visiting the Cayton Children’s Museum, located at Santa Monica Place (the “Center”) and then mentioning Cayton’s Children’s Museum at a participating retailer or restaurant (collectively, “Retailers” and each individually, a “Retailer”) at the Center, during the time a promotion is offered, may obtain a reward (“Reward”). The Center is located at 395 Santa Monica Place, Santa Monica, CA 90401.
Eligibility: Only individuals who are both 13 years of age or older and legal residents of the United States at the time of enrollment are eligible to participate in the Program ("Participants" or "you"). Rewards may be obtained only from Retailers at their places of business located in the Center. You cannot obtain a Reward from a Retailer at a location outside of the Center, even if the Retailer is part of the same or a similar chain.
Reward Redemption: To participate in the Program, you must:
(i) Complete an enrollment form, which can only be obtained online at caytonrewards.com (the “Rewards Website”); (ii) Mention Cayton Children’s Museum at a participating Retailer during the time period a particular offer is available.
The Center and the Rewards Website may advertise specific Rewards that are available from time to time. Rewards may vary and may be changed at any time without advance notice. Rewards are provided while supplies last. The Center and each Retailer reserves the right to substitute a different Reward in lieu of any Reward as long as that different Reward is of equal or greater value than the Reward originally selected. The Reward is not transferable, and you may not assign, transfer, change, exchange for merchandise or sell the Reward. See Retailers for details, as some restrictions may apply. Visit caytonrewards.com for a description of the Rewards that are currently being offered.
The Center reserves the right to disqualify any Participant from participating in the Program for abuse, fraud or any violation of the Program’s terms and conditions. The Center will make that determination in its sole discretion.
The Owner reserves the right to alter, substitute or terminate all or any part of the Program or any Reward and to modify the Terms and Conditions of the Program for any reason in its sole discretion and at any time, and without any notice to Participants. Participants may not rely upon the continued availability of the Program or any Reward. Participants may not be able to obtain all offered Rewards. Any Reward may be withdrawn or subject to increased purchase requirements and/or new restrictions at any time.
Reward Restrictions: Participant is solely responsible for the payment of all taxes assessed on the Reward including sales and income taxes, whether or not stated in these Terms and Conditions or on an advertisement or announcement. You may have to incur expenses to use or redeem Rewards. YOU WILL BE SOLELY RESPONSIBLE FOR ANY SUCH EXPENSES. The Center is not responsible for the Participant's use of the Reward after the Participant receives the Reward.
The Rewards are offered and provided by Retailers independent of the Center, and Retailers are solely responsible for providing of the Rewards. The Center makes no express or implied representation or warranty concerning the value, availability, usefulness or condition of any Reward and will not be liable for injury, damage, loss or expense resulting from your receipt, acceptance or use of a Reward or from a defective Reward. THE CENTER EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS OF A REWARD FOR A PARTICULAR PURPOSE. The Rewards may contain additional disclosures and disclaimers which are binding and which you should review.
Rewards are not replaceable if lost, stolen, destroyed or expired. Rewards are not returnable, exchangeable, refundable or redeemable for cash or credit under any circumstances.
The Center and Center Related Entities (as defined below) have no liability in case of disagreement over issuance of or right to possess Rewards. Retailers are solely responsible for the fulfillment of Rewards. Center Related Entities have no further obligation once the Reward is issued.
General Conditions. Except where prohibited by law, by participating in the Program, Participant grants Macerich SMP LP, a Delaware limited partnership, The Macerich Company, The Macerich Partnership, L.P. and their respective partners, licensees, parents, subsidiaries, affiliates, assigns, related companies and successors, and all of their respective officers, directors, employees, representatives, attorneys and agents (collectively “Center Related Entities”) the universal and perpetual right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast and to grant others the right and license to use, exploit, print, publish, reproduce, display, distribute and broadcast Participant’s name, actual or simulated likeness, photograph, image, voice, portrait, picture, personal characteristics, biographical information and other personal identification in any and all languages, formats, and media now known and hereafter developed, in connection with the Center’s website (the “Website”), the Program or any Program-related activity and any and all advertising, promotion, marketing, or publicity thereof, including all ancillary and subsidiary rights therein, without additional consideration.
The Center, in its sole discretion, reserves the right to disqualify any person tampering with the Registration Form or, as applicable, the operation of the Website or the Rewards Website, or who is otherwise in violation of these Terms and Conditions. Such a person will be prosecuted to the fullest extent of the law. The Center further reserves the right to cancel, terminate, suspend or modify any program not capable of completion as planned, including because of infection, as applicable, by computer virus, bugs, tampering, unauthorized intervention or technical or other failures of any sort, or any other causes beyond the control of the Center.
Terms and Conditions: This Program is subject to these Terms and Conditions which will be available online at caytonrewards.com during the Program Period. By participating in the Program, Participants agree to waive any right to claim any ambiguity or error in the Terms and Conditions of the Program, or the Program itself, and agree to be bound by these Terms and Conditions and by all decisions of the Center, whose decision is binding and final in all respects.
Disclaimers: Center Related Entities are not responsible for any mail, computer, telephone, cable, network, electronic or Internet hardware or software malfunctions, failures, errors, interruptions, deletions, defects, delays, connections, availability or garbled or jumbled transmissions, service provider/Internet/Website/use net accessibility or availability, traffic congestion, or unauthorized human intervention or access to the Website, or the Rewards Website, as applicable. Proof of entering information at the Rewards Website or of deposit into U.S. mail, as applicable, is not considered proof of delivery or receipt. The Center Related Entities are not responsible, as applicable, for any incorrect or inaccurate information.
By participating, Participants on behalf of themselves and their heirs, executors, administrators, successors and assigns hereby knowingly and voluntarily release, discharge, waive and relinquish, and agree that they will not assert or maintain against the Center Related Entities and those involved in the development, production (including Reward Providers, contractors, service providers), implementation and distribution of this Program, all participating merchants and their designated agents and any other person or entity associated with such entities and/or this Program, and any of their respective officers, directors, employees, representatives, attorneys, or agents (collectively, “Center Owners’ Companies”), any claim, action, suit or demand of any kind or nature whatsoever, whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Program or any Program-related activity, or their acceptance, possession, use or misuse of any Reward in any way (including any tax liabilities). Participants hereby further agree that Center Owners’ Companies are not responsible or liable for, and that Participants will indemnify, defend, release, and hold Center Owners’ Companies harmless from and against, any and all claims, liabilities, losses, damages, injuries, costs and expenses (including, without limitation, reasonable attorney’s fees) of any nature whatsoever whether known or unknown now or in the future, directly or indirectly, in whole or in part, arising out of or in connection with their participation in this Program or any Program-related activity, or their acceptance, possession, use or misuse of any Reward in any way (including any tax liabilities). Participants hereby acknowledge that they may hereafter discover facts different from or in addition to those which they now know or believe to be true and agree that this release will remain effective notwithstanding.
Governing Law: Except to the extent pre-empted by federal or other applicable state law, this Program shall be governed by the laws of the State of California (without giving effect to any conflict of law provisions thereof). By participating in this Program, Participants agree that any and all disputes which cannot be resolved between Participant and the Center, Center Related Entities or Center Owner Companies, and causes of action arising out of or connected with this promotion, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the City of Los Angeles, California having competent jurisdiction, which Court shall apply the laws of the State of California without giving effect to any conflict of law provisions thereof.
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