JCPENNEY OPTICAL EYES ON THE PRIZE SWEEPSTAKES PROMOTION
NO PURCHASE NECESSARY TO ENTER. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. A VALID EMAIL ADDRESS IS REQUIRED.
- ELIGIBILITY: The JCPenney Optical Eyes on the Prize Sweepstakes Promotion (the “Promotion”) is offered only to legal residents of the 50 United States and the District of Columbia, who are 18 years of age or older at the time of entry. Void where prohibited or restricted by law. Employees, officers and directors, and their immediate family members (spouses, siblings, parents and children, including foster and step-relations, and their respective spouses) and household members (whether or not related) of USV Optical, Inc., d/b/a JCPenney Optical (“Sponsor”), The JAY Group, Inc. (“Administrator”), Modop LLC, JCPenney, their respective owners, parents, subsidiaries and affiliates, advertising and promotion agencies, and any companies involved in the implementation and execution of the Promotion (collectively, the “Promotion Entities”) are not eligible. By participating, each entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor (and its authorized third parties), which are final and binding on all matters relating to the Promotion.
- PROMOTION PERIOD: Promotion starts on or about 12:00:01 a.m. ET on September 28, 2021 and ends at 11:59:59 p.m. ET on November 11, 2021 (“Promotion Period”). The clock on Administrator’s server shall be the official time keeping device for this Promotion.
- HOW TO ENTER: There are two ways to enter: (a) QR Code or exclusive Promotion website URL Method: an eligible entrant (“Entrant”) must visit a JCPenney Optical store located within a U.S. JCPenney department store to access a Promotion Quick Response Code (“QR Code”) or exclusive website URL on Promotion-related signage in the store. Using a web-enabled wireless device, enter the website URL OR scan the QR Code with your camera or with a third party QR Code scanner app (available on your app stores) to be taken to the Promotion microsite (“Website”) during the Promotion Period. Then, follow the online directions to submit your first and last name, street address, state, city, ZIP code, email address, daytime telephone number, birthdate, and agree to be bound by these Official Rules and the decisions of the Sponsor and its authorized third parties. After successful completion of the above steps, Entrant will receive one (1) entry into the Promotion (“entry”). All online entries must be received during the Promotion Period; (b) Mail-in Entry Method: Entrant may submit an entry by mail without visiting a U.S. JCPenney Optical store by legibly hand-printing your first and last name, street address, state, city, ZIP code, email address, daytime telephone number and birthdate on a plain piece of white paper, sign your name on the paper in ink, and mail it postage prepaid to: JCPenney Optical Eyes on the Prize Sweepstakes Promotion, c/o U.S.Vision Marketing Dept., 1 Harmon Dr., Blackwood, NJ 08012. Mail-in entries must be postmarked by November 12, 2021 and received by November 18, 2021. By submitting a mail-in entry with your signature, you agree to be bound by these Official Rules and the decisions of Sponsor and its authorized third parties.
Important: If the Entrant is participating in the Promotion via a mobile device, message and data rates may apply. The Entrant should consult his/her wireless service provider regarding its pricing plans. Participation may not be available on all mobile devices, as not all mobile devices or cellular telephone providers have the capabilities or carry the service necessary to participate in this method of entry.
Limit one (1) entry per person or e-mail address during the entire Promotion Period, regardless of the method of entry. You may enter the Promotion under one name/e-mail address only. In the event of a dispute about entries submitted by multiple individuals using the same email account or address, the entry will be deemed to have been submitted by the authorized account holder of the email account used to enter the Promotion at the actual time of entry. The authorized account holder is defined as the natural person who is assigned an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. Multiple entries per person/email address/wireless telephone number in excess of the entry limit, or any use or suspected use of artifice, bots, robotic, repetitive, automatic, programmed or similar methods or agents (including, but not limited to sweepstakes entry services/clubs) are prohibited; any Entrant using/benefitting from such methods will be disqualified and their entries voided. Proof of entry submission is not proof of receipt or eligibility for this Promotion.
- SELECTION OF WINNERS/ODDS: Winners will be selected in a random drawing conducted by Administrator on or about November 22, 2021, from all eligible entries received. Odds of winning depend on the number of eligible entries received.
- PRIZES AND APPROXIMATE RETAIL VALUE (“ARV”):
- Grand Prize (1 winner): One (1) pair of MITA eyewear up to $200 at a U.S. JCPenney Optical store, and one (1) 2021 Ford Mustang Mach-E Select vehicle. ARV/Manufacturer’s Suggested Retail Price: $42,895. Color and options of vehicle are sole discretion of Sponsor. Any additional options or features requested by winner shall be at winner’s sole expense. Vehicle prize must be picked up from a dealership designated by Sponsor within ten (10) days of notification that vehicle is available (this process may take 60 days or more from date of winner confirmation). License, title, taxes, registration, insurance fees and all other costs associated with winning and subsequent use of vehicle are the responsibility of winner. Winner shall bear all risk and damage to vehicle after he/she has accepted delivery of it from dealership. Winner has the option of receiving $25,000 in the form of a check, in lieu of the vehicle. Eyewear prize does not include an eye exam; winner must furnish a valid prescription.
- First Prize (10 winners): Each winner will receive one (1) pair of MITA eyewear up to $200 at a U.S. JCPenney Optical store, and winner’s choice of one (1) of the following: (i) One (1) Google Nest Learning thermostat (ARV: $250); or (ii) One (1) pair of Allbirds upcycled men’s or women’s sneakers (ARV: $150); or (iii) One National Parks Annual Pass for four (4) people/ one (1) one vehicle (ARV: $90). Prizes may be awarded in the form of a gift card for the stated ARV, redeemable at vendors designated by Sponsor in its sole discretion. Gift cards are subject to terms and conditions established by the issuer and communicated at time of prize award, and are not redeemable for cash. Eyewear prize does not include an eye exam; winner must furnish a valid prescription.The maximum ARV of all prizes offered in the Promotion is $47,595. All third-party brand names/trademarks are trademarks of their respective owners, which are not sponsors of this Promotion.
Prize Restrictions. Limit one (1) prize(s) per Entrant. No transfer, assignment or substitution of prize (in whole or in part) is allowed, except that Sponsor reserves the right to substitute a similar prize of equal or greater value. Prizes must be claimed as set forth in Rule 6 below. All federal, state and local taxes, if any, are the sole responsibility of the winner(s). In no event will more than the stated number of prizes be awarded in this Promotion. Any prize pictured or mentioned in advertising or Promotion materials is for illustrative purposes only and may not be the actual prize awarded.
- HOW TO CLAIM A PRIZE: Potential winners will be notified by postal mail, telephone, email or other method, as solely determined by Sponsor. All prize claims are subject to verification by Administrator. You are not a winner until your prize claim has been timely received and verified by the Administrator, your entry and eligibility have been verified, and you have complied with these Official Rules. Each potential winner may be required to furnish proof of identification and other proof of eligibility under these Official Rules and may also be required to execute and return (or potential winner’s parent or legal guardian if potential winner is a minor in his/her state of residence) an Affidavit of Eligibility/Publicity Release within a time period specified by Administrator. Prize will be forfeited if prize claim is not timely received according to the instructions and by the prize claim deadline provided in the notification. The submission of prize claims is the sole responsibility of the Entrant, who assumes all risk of loss, damage, destruction, delay and misdirection of any communications and/or materials. First Prizes may be mailed to confirmed winners via trackable delivery service or may be delivered in the form of digital gift cards, sent approximately 10-15 business days after winner confirmation, to the addresses/email addresses provided by the winners. Grand Prize winner must coordinate with Sponsor or its authorized agent for delivery of prize. If a potential winner is found to be ineligible or not in compliance with these Official Rules, declines to accept the prize, cannot be contacted or fails to timely respond after two separate attempts, or in the event the prize confirmation or prize is returned, undeliverable, or not (timely) responded to the prize will be forfeited, and may, in Sponsor’s sole discretion, be awarded to an alternate potential winner selected at random from the pool of eligible Entrants.
- LIMITATION OF LIABILITY: The Promotion Entities are not responsible for illegible, lost, late, incomplete, stolen, misdirected (including into spam/junk folders), postage due, returned, or undeliverable entries, texts, email or postal mail, or any other Promotion related communications; or for any computer, telephone, satellite, cable, network, electronic or Internet hardware or software malfunctions, failures, connections, or availability; or garbled, corrupt, or jumbled transmissions, service provider/Internet/website use, net accessibility, incompatibility, availability or traffic congestion; or any technical, mechanical, printing, typographical or other error, unauthorized human intervention, or the incorrect or inaccurate capture of registration information, or the failure to capture, or loss of, any such information. The Promotion Entities are not responsible for any incorrect or inaccurate information, whether caused by any Website users, tampering, hacking, or by any of the equipment or programming associated with or used in the Promotion and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, technical error, theft, destruction or unauthorized access to any website(s). Promotion Entities are not responsible for any injury, including death, disability or other damage, whether personal or property, to Entrants or to any person’s computer or mobile device related to or resulting from participating in the Promotion and/or accepting a prize. If, for any reason, the Promotion is not capable of running as planned, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Promotion, including the selection of prize winners in a manner it deems fair and reasonable from among eligible entries received prior to such cancellation, termination, modification or suspension. If because of technical, typographical, mechanical or other errors or for any other reason, there are more claims for a prize than prizes offered as stated in these Official Rules, a random drawing will be held among all eligible claimants in such category to award such prize.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS PROMOTION, PARTICIPATION IN PROMOTION AND/OR PRIZE RELATED ACTIVITIES, THE USE OR MISUSE OF A PRIZE, ACCESS TO AND USE OF ANY PARTICIPATING WEBSITES OR THE DOWNLOADING FORM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THIS PROMOTION. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
- GENERAL: If it is suspected by Sponsor in its sole and absolute discretion that an Entrant has registered or attempted to register more than once using multiple email accounts, telephone numbers or multiple identities, all of the Entrant’s entries will be declared null and void and any prize an Entrant might have been entitled to will not be awarded. Sponsor reserves the right to disqualify any individual in its sole and absolute discretion, including but not limited to any individual suspected of, or found, in its sole opinion, to be tampering with the operation of the Promotion; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike manner or with the intent to disrupt the normal operation of the Promotion. Any use of robotic, automatic, macro, programmed, non-human mechanism, third party or like methods to participate in the Promotion will void any attempted participation effected by such methods and the disqualification of the individual utilizing or benefitting from the same. ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. All entries and/or materials submitted become the property of Sponsor and will not be returned. In the event of any conflict with any Promotion details contained in these Official Rules and Promotion details contained in Promotion materials (including but not limited to point of sale, television, and print advertising, promotional packaging, and other promotion media, and any communications made by any person in any medium), the details of the Promotion as set forth in these Official Rules shall prevail. If any provision of these Official Rules or any word, phrase, clause, sentence, or other portion thereof should be held unenforceable or invalid for any reason, then that provision or portion thereof shall be modified or deleted in such manner as to render the remaining provisions of these Official Rules valid and enforceable.
- RELEASE, INDEMNITY & GENERAL CONDITIONS OF PARTICIPATION: By entering the Promotion, each Entrant agrees, to the fullest extent permitted by law to be bound by these Official Rules and by all applicable laws and decisions of Sponsor and Administrator which shall be binding and final, and to waive any right to claim ambiguity with respect to these Official Rules. To the maximum extent permitted by law, Entrants and winner(s) agree to waive, release, indemnify, defend and hold harmless (“release”) Sponsor and all other Promotion Entities, their parents, affiliates, subsidiaries and divisions, and their respective directors, officers, employees and agents, and any social media platforms (“Released Parties”) from and against any and all threatened or actual actions, liabilities, claims, demands, losses, lawsuits, judgments, settlements, fines, damages, costs and expenses (including reasonable attorney fees) whether or not litigation is commenced (“disputes”) arising at any time from the Promotion and any element thereof; the entry (in whole or in part); participation (including travel) in any Promotion, event, and/or prize-related activity, or inability to receive or participate in, or parts thereof; the delivery, acceptance, use, mis-use of a prize or any failure with respect thereto by any person or entity; personal injuries including death, damage to or destruction of property, violation of any rights of publicity or privacy, defamation or portrayal in a false light (whether intentional or unintentional), whether under a theory of contract, tort (including negligence), warranty or other theory arising from or relating directly or indirectly to the Promotion and any element thereof; any act, default, omission, non-compliance, and/or a violation or breach of any law or agreement, representation, warranty or covenant made herein, or any other agreements by/with Entrant, the Sponsor and/or any Promotion Entity or Released Party, or any other third-person or entity who may not be a party to these Rules.
To the maximum extent permitted by law, Entrants and winner(s) covenant not to sue any Released Party or cause them to be sued regarding any matter released above; and further covenant not to disaffirm, limit or rescind any other releases in these Rules to the fullest extent permitted by law. A waiver by one or more of the Promotion Entities of any term in these Rules does not constitute a waiver of any other provision. If any item or provision contained in these Rules or any part thereof is declared or becomes unenforceable, invalid or illegal for any reason, all other terms and provisions of these Rules shall remain in full force and effect as if executed without the offending provision appearing therein.
Promotion Entities shall not be liable to winner or any other person or entity for failure to execute the Promotion, or any part thereof, or supply a prize in whole or in part, by reason of any act of God, any action(s), regulation(s) order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, event delay or cancellation, or any similar or dissimilar event beyond their reasonable control.
- DISPUTES: THIS PROMOTION IS GOVERNED BY THE LAWS OF THE UNITED STATES AND THE STATE OF NEW JERSEY WITHOUT RESPECT TO CONFLICT OF LAW DOCTRINES. AS A CONDITION OF PARTICIPATING IN THIS PROMOTION, EACH ENTRANT AGREES THAT ANY AND ALL DISPUTES WHICH CANNOT BE RESOLVED BETWEEN THE PARTIES, 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 COUNTY OF CAMDEN COUNTY, NEW JERSEY HAVING JURISDICTION. FURTHER, IN ANY SUCH DISPUTE, UNDER NO CIRCUMSTANCES WILL PARTICIPANT BE PERMITTED TO OBTAIN AWARDS FOR, AND HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING ATTORNEYS’ FEES OR OTHER RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. ALL CAUSES OF ACTION MUST BE FILED WITHIN ONE (1) YEAR OF THE TIME THE CAUSE OF ACTION ACCRUED OR THE SHORTEST TIME ALLOWED BY APPLICABLE LAW, OR THE CAUSE OF ACTION SHALL BE FOREVER BARRED.
- PUBLICITY RIGHTS: By participating in the Promotion and/or accepting a prize, each Entrant and winner grants (and agrees to confirm that grant in writing, or his/her parent or legal guardian will confirm that grant in writing if winner is a minor in his/her state of residence) permission for Sponsor and/or Sponsor’s designee the perpetual right to use his/her name, biographical information, photos and/or likeness, and statements for promotion, trade, commercial, advertising and publicity purposes, at any time or times, in all media now known or hereafter discovered including live television, worldwide, including but not limited to on the World Wide Web and Internet including Sponsor’s and/or unrelated third-parties’ social media platforms and sites, without notice, review or approval and without additional compensation except where prohibited by law.
- WINNERS’ LIST: For a list of winners of prizes with a value over $25, send a self-addressed stamped envelope for receipt by November 18, 2021 to Promotion – Winners’ List Request, c/o US Vision, Marketing Dept., 1 Harmon Dr., Blackwood, NJ 08012. Limit one request per person/household address.
- SPONSOR: USV Optical, Inc. d/b/a JCPenney Optical, 1 Harmon Dr., Blackwood, NJ 08012.
© 2021 USV Optical, Inc.