PLEASE READ THESE SHOPPER REWARDS TERMS & CONDITIONS CAREFULLY.
BY APPLYING TO SHOPPER REWARDS, YOU AGREE TO THESE SHOPPER REWARDS TERMS & CONDITIONS, WHICH CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND THE MACERICH PARTNERSHIP, L.P. (“MACERICH”).
|Participating Macerich Shopping Center||Address|
|Fashion Outlets of Chicago||5220 Fashion Outlets Way, Rosemont, IL 60018|
|Santa Monica Place||395 Santa Monica Place, Santa Monica, CA 90401|
|The Shops at North Bridge||520 North Michigan Avenue, Chicago, IL 60611|
|Tysons Corner Center||1961 Chain Bridge Rd, Tysons Corner, VA 22102|
Program Content. The Program and all material posted or provided through the Program (collectively, “Program Content”) may be used by you solely for the limited purposes set forth herein. You may view and print portions of the Program Content only for your own personal non-commercial use but not for resale or other commercial exploitation and not for use other than as provided in these T&Cs and/or the Spring Terms (if applicable). Any other use of Program Content without our prior written approval is strictly prohibited. We reserve the right to suspend and/or terminate any Member at our sole discretion.
Macerich may advertise specific “Rewards” that are available from time to time. Macerich may limit the amount of Rewards earned on each transactions. Macerich may further limit the amount of Rewards redeemable per transaction. The Rewards may be changed at any time without advance notice. The Rewards may vary. The Rewards are provided while supplies last. Macerich reserves the right to substitute in lieu of any Reward a different Reward of equal or greater value than the Reward originally selected. The Reward may not be assigned, transferred, changed, exchanged for merchandise, substituted or redeemed for cash.
Macerich reserves the right to alter, substitute or terminate all or any part of the Program or any Reward or to modify these T&Cs for any reason in its sole discretion, and without any notice to Members. Members may not rely upon the continued availability of the Program or any Reward. Members 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 Any Reward may be withdrawn or subject to increased purchase requirements and/or new restrictions at any time.
All Rights Reserved. Everything you see or read using the Program, including the expression, coordination, selection, arrangement, collection, compilation, assembly and arrangement of the Program Content, is protected by copyright, trademark and other laws, and may not be used except as provided herein without our express written permission in each instance. The Program website, and any necessary software or other technology used in connection with the Program and the collection, compilation, assembly and arrangement of Program Content, is owned by us and/or our licensors and used under license granted to us, and contains proprietary and confidential information.
Membership to the Program is free and open to all eligible United States residents aged 16 years or older, except employees, contract staff and/or officers or directors of Macerich and its parent company, affiliates, subsidiaries, on-site service providers, members of their immediate family (defined as spouse, parent, sibling, child and respective spouses regardless of where they reside) and/or persons living in the same household of such individuals (whether related or not). You can apply for membership to the Program in the following ways:
Incomplete, ineligible or incomprehensible membership applications will be invalid.
Macerich Mobile Terms. When you provide us with your mobile phone number, you are also expressly agreeing that we may send you text messages (including SMS and MMS) to that phone number. You also agree to pay the charges to your wireless bill or to have them deducted from your prepaid balance for this service. You acknowledge that you are 16 years of age or older and you have the consent of the wireless account holder. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Message and data rates apply.
Reply STOP to cancel, HELP for help. You agree to receive a final text message confirming your opt-out. You may opt-out at any time by texting the word STOP to shortcode 777436. You agree to receive a final text message confirming your opt-out. Texts may be sent through an automatic telephone dialing system. Consent is not required as a condition of purchasing any goods or services. You agree to notify us of any changes to your mobile number and update your subscription with Macerich to reflect this change. Your carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues.
IF YOU DO NOT AGREE WITH THESE TERMS, INCLUDING CHANGES THERETO, DO NOT ACCESS OR SUBSCRIBE OR USE THE MOBILE SERVICE.
Stop Receiving Promotional Text Messages
To stop receiving promotional text messages simply text STOP to 777436. We will remove your mobile number from our subscriptions list. It is, however, important to note that this will not disable your ability to use Macerich’s other SMS response features. It will only remove you from our promotional text messaging subscriptions list. Please allow up to 3 to 5 business days from when the request was received to process your removal. Standard carrier message & data rates may apply.
Alternatively, you can opt-out by either sending us an email with your mobile phone number to email@example.com
Please allow up to 10 business days from when the email or physical mail request was received to process your removal.
If you are 16 or 17 years of age, you must obtain the consent of your parent or legal guardian to apply for membership in the Program and provide personal information about yourself. Applicants who are 16 or 17 years of age and apply for membership in the Program without disclosing (or by attempting to conceal) their age (as and where required) and/or do not proceed with the required parental or guardian consent (as and where required) will be deemed invalid. These T&Cs will bind the applicants and any parent or legal guardian who gives consent (for members aged 16 or 17 years).
We, in our sole discretion, may refuse any application for membership. An eligible applicant whose application is accepted becomes a Member. Incomplete applications will be deemed invalid. No responsibility will be taken for lost or misdirected applications.
Membership Confirmation. You can only apply for membership in your own name. We reserve the right to request an applicant to provide appropriate photo identification or other documentation in order to verify to our satisfaction your identity, age, residential address, eligibility to apply for Program membership and any information submitted when applying for Program membership (including confirming consent of an applicant’s parent or legal guardian and the name, age and address of the parent or legal guardian who consented). If the documentation is not received or an applicant’s details have not been verified or validated within the time requested, the applicant will not be issued a membership card and will not be admitted to the Program.
Each Member is limited to only one Program membership. Any subsequent applications received from an eligible applicant after his/her first membership application is received will be deemed invalid.
Each Member is responsible for maintaining the strict confidentiality of his/her login details for the Shopper Rewards app and Program website and is responsible for any activity under their account. You agree to immediately notify the Program Administrator of any unauthorized use of your account or password or any other breach of security. It is your sole responsibility to control the dissemination and use of your password and control access to and use of your account. We are not responsible or liable for any loss or damage arising from your failure to comply with this provision.
If you use any social media platform (“Social Media Platform”) to participate in a Program-related promotion: you consent and acknowledge that your personal social media site may be updated by accessing the Program via social media, including Facebook, Twitter and any Social Media Platform. You consent to the disclosure and transfer of your personal information by the Program Administrator to Social Media Platforms for purposes relating to the Program. Use of Social Media Platforms and links to any third party sites are subject to the terms and conditions and privacy policies of such third parties.
The Program is not sponsored, endorsed or administered by, or associated with, any Social Media Platform. You are solely responsible and liable for any content or information you transmit to other Internet users. To the extent permitted by law, you agree to indemnify, defend and hold us, The Macerich Company, Spring Marketplace Inc., and ours and their associated agencies and companies (the “Indemnified Parties”) harmless, against any and all losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the Indemnified Parties arising out of or relating to your participation in the Program. Any questions, comments or complaints about the Program must be directed to the Program Administrator and not to any Social Media Platform.
Any person’s membership in the Program may be terminated or suspended in our sole discretion, or the discretion of the Program Administrator, without notice for any legal reason. Any decision by us and/or the Program Administrator in relation to any and all aspects of the Program is final without right of appeal.
Any tax, liability or duty arising from your Membership or participation in the Program is your responsibility. MEMBER MUST PAY ANY EXPENSES IN ORDER TO USE THE REWARD. Macerich will not replace any lost or stolen Reward. Macerich is not responsible for the Member’s use of the Reward after the Reward has been delivered to the Member.
Participating retailers do not have any authority, express or implied, to make any representation, warranty or statement on behalf of Macerich or the Program Administrator. Macerich and the Program Administrator accept no liability in respect of such representations, warranties or statements. The Rewards are offered and provided by merchants and providers (“Reward Providers”) independent of Macerich, and Reward Providers are solely responsible for the provision of the Rewards. Macerich makes no express or implied representation or warranty concerning any Reward and will not be liable for injury, damage, loss or expense resulting from your acceptance or use of a Reward from a Reward’s defect or failure. Please see disclosures on the Reward for the applicable terms and conditions.
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.
Macerich has no liability in case of disagreement over issuance of or right to possess Rewards. Reward Providers are solely responsible for the fulfillment of Rewards. Macerich has no further obligation once the Reward is issued.
Any attempt to cause malicious damage or interference with the normal functioning of a Program website or mobile application or to otherwise undermine the legitimate operation of the Program may be a violation of criminal and civil laws. Your indemnification under Section 12 above will include any losses, actions, claims, costs, expenses and damages (of any nature) which may be incurred by the Indemnified Parties arising out of or related to a breach by you of this Section.
We are not responsible for any problems or technical malfunction of any telephone or network or lines, servers or providers, computer equipment, software, technical problems or traffic congestion on a mobile network, or any combination thereof, or any other technical failures including any damage to an applicant’s or any other person’s mobile handset or computer related to, or resulting from, participation in the Program or the downloading of any materials related to the Program.
If for any reason the Program is not capable of running as planned because of infection by computer virus, bugs, tampering, unauthorized intervention, technical failures or any other causes beyond our reasonable control, we reserve the right, subject to state regulatory approval, to cancel, terminate, modify or suspend the Program.
We will not be liable for the suspension or termination of the Program on any account whatsoever.
The use of any automated software or any other mechanical or electronic means that allows or otherwise enables or seeks to automate Program membership application, vouchers or claim gifts is strictly prohibited.
All membership applications and any copyright subsisting in the applications become and remain the property of Macerich.
In the event of any inconsistency between these T&Cs and any other document that forms part of these T&Cs by reference, or relates to any individual’s participation in the Program and/or an advertised promotion or competition related to the Program, these T&Cs will take priority.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PROGRAM AND ANY PARTICULAR FEATURE IS AT YOUR SOLE RISK. THE PROGRAM IS PROVIDED “AS IS” AND “AS AVAILABLE.” WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE, FREEDOM FROM MALICIOUS CODE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR USE OF ALL OR ANY PART OF THE PROGRAM. WE MAKE NO WARRANTY (i) THAT THE PROGRAM WILL MEET YOUR REQUIREMENTS, (ii) THAT ACCESS TO THE PROGRAM WILL BE UNINTERRUPTED OR TIMELY, THAT IT IS SECURE, OR THAT PROGRAM CONTENT IS ACCURATE OR ERROR-FREE, (iii) THAT PRODUCTS WILL BE AVAILABLE, ACCURATELY DEPICTED OR PRICED, (iv) THAT THE RESULTS OBTAINED FROM USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (v) THAT THE QUALITY OF ANY PRODUCTS, THE PROGRAM, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR (OR YOUR CUSTOMER’S) EXPECTATIONS, OR (vi) THAT PRODUCTS WILL BE PROPERLY DELIVERED IN PROPER AMOUNTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OR THROUGH THE PROGRAM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE T&Cs OR OTHERWISE APPLICABLE PURSUANT TO YOUR USE OF THE PROGRAM.
Macerich is not responsible for the performance of the Spring Rewards Program. YOU EXPRESSLY WAIVE ANY CLAIMS YOU MAY HAVE AGAINST MACERICH ARISING OUT OF YOUR USE OF, OR ANYTHING RELATING TO, THE SPRING REWARDS PROGRAM.
The Program Administrator is SPRING MARKETPLACE INC., 314 W. SUPERIOR ST, SUITE 600, CHICAGO, ILLINOIS 60654. These T&Cs, your use of the Program and any other agreement with, and the relationship between, you, on the one hand, and us and the Program Administrator, on the other, shall be governed by the laws of the State of California without regard to choice of law provisions, and the 1980 United Nations Convention on Contracts for the International Sale of Goods shall not apply. You and the Program Administrator agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within or with jurisdiction over the City of Los Angeles, State of California, regardless of the fact that the Program website may be accessible outside the United States. Notwithstanding the foregoing, the either we or the Program Administrator may seek equitable relief, including preliminary and permanent injunction, in any court of competent jurisdiction to prevent or enjoin misappropriation, misuse, unauthorized disclosure or infringement of any intellectual property rights and the failure of us and/or the Program Administrator to exercise or enforce any right or provision of the T&Cs shall not constitute a waiver of such right or provision. If any provision of the T&Cs is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the T&Cs will remain in full force and effect.