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Rendering of the new luxury wing at Scottsdale Fashion Square

TERMS & CONDITIONS

SELECT SHOPPER LOYALTY PROGRAM – PROGRAM TERMS AND CONDITIONS

PROGRAM AVAILABLE FOR A LIMITED TIME ONLY

  1. These Program Terms and Conditions (these “Program Terms”) govern the Scottsdale Fashion Square Select Shopper Loyalty Program (the “Program”) administered by Macerich Arizona Partners, LLC (“Macerich” or “us”). By becoming a member of the Program and receiving and claiming the rewards associated with the Program (as defined below), you (“you” or “Member”) agree that you have:
    1. Read, understood and accepted these Program Terms.
    2. Read, understood and accepted the Website Terms and Conditions of Use for the program’s website (www.FashionSquare.com/Select (open in new window)) (the “Program Website”) operated by Macerich, which terms and conditions of use (the “Website Terms”) are incorporated by reference herein with respect to your use of the Program Website; and provided consent for Macerich to process data that is personal to you, and to disclose such data to third parties, in accordance with our privacy policy which is hereby incorporated by reference herein (available at www.macerich.com/privacy (open in new window), which may be updated from time to time without notice).

These Program Terms supersede any previous terms and conditions of the program. Macerich may at any time amend, modify or supplement these Program Terms, and continued participation in the Program will constitute your acceptance of any such amendment, modification, or supplementation. You are responsible for remaining knowledgeable of these Program Terms and any changes, modifications, or additions to the Program or these Program Terms.

  1. MEMBERSHIP IN THE PROGRAM
    1. The Program. The Program is a rewards program through which members are able to receive complimentary valet parking at the Shopping Center (defined below). MEMBERSHIP IN THE PROGRAM DOES NOT ENTITLE A MEMBER TO ANY SPECIFIC GOODS, SERVICES, OR OTHER ITEMS OF VALUE. MEMBERSHIP IN THE PROGRAM CANNOT BE REDEEMED FOR CASH OR OTHER CONSIDERATION, IS NON-TRANSFERABLE AND IS AT ALL TIMES SUBJECT TO THESE PROGRAM TERMS.
    2. Eligibility. Membership in the Program is available to any individual who: (a) receives a Program card (the “Program Card”) from a Shopping Center (defined below) retailer; (b) possesses the legal authority to agree to these Program Terms; (c) resides in the U.S.; and (d) has not previously been terminated from the program. You represent that you meet the eligibility requirements in this Section 1.2. In any case, to the extent that you make use of the Program Website, you affirm that you are over the age of 13, as the Program Website is not intended for children under the age of 13.
    3. Enrollment. An individual may apply to enroll in the Program by fully and accurately completing a Program enrollment form in one of the following places:
      1. on the Program Website (www.FashionSquare.com/Select (open in new window)),
      2. in person at the Guest Services desk at Scottsdale Fashion Square shopping center Scottsdale, Arizona (the “Shopping Center”), or
      3. in person with the valet operator the first time presenting the Program Card to the valet operator.

      Once eligibility for membership in the Program is confirmed by Macerich, an applicant will be enrolled in the Program as a member. Macerich may deny membership in the Program to any applicant (or terminate membership in the Program to any member) who in Macerich’s sole discretion does not satisfy the criteria for eligibility and enrollment in the Program.

    4. Membership Accounts. Individual Memberships. All members who have fully and accurately completed a Program enrollment form will be assigned a unique and personal account associated with their membership in the Program (a “Membership Account”). All membership accounts are individual accounts and no joint accounts are permitted. Membership accounts and Program rewards are nontransferable and cannot be sold, redeemed for cash or any other thing of value, combined, or otherwise shared with another person unless expressly stated otherwise or required by applicable law. Any attempted transfer, sale or barter of a membership account will be void.
    5. No Membership Fees. There are no membership fees for the Program.
    6. Program Termination Date. The Program shall terminate on December 31, 2019 (the “Termination Date”).
  2. PROGRAM REWARDS - COMPLIMENTARY VALET PARKING. Persons enrolled in the Program may receive complimentary valet services each time they present their Program Card to the Shopping Center’s third party valet operator (the “Valet Service”). The Valet Service may only be used for one (1) vehicle for any trip to the Shopping Center. The Program Card must be presented at the time you drop off your vehicle at the valet stand at the Shopping Center. The Valet Service does not include tip or gratuity. The valet operator providing the Valet Service is an independent contractor of Macerich. Accordingly, Macerich is not responsible for the performance of the Valet Service by the valet operator, save and except for waiver of the normal valet fee. You must abide by all rules of the valet operator, including, without limitation, retrieving your car during valet operator hours. The valet operator may disclaim certain liability as part of its operations and by participating in the Program, members agree to the valet operators rules and disclaimers as well as disclaimers made by the Shopping Center. The Valet Service is promotional and has no cash value. Any information provided by you to the valet operator is subject to the valet operator’s privacy policy.
  3. TERMINATION OR CANCELLATION OF MEMBERSHIP
    1. Termination of Membership.
      1. We reserve the right to terminate the membership account of any member who has: (i) acted in a manner inconsistent with applicable laws, regulations, or ordinances; (ii) breached or violated any of these Program Terms, the Website Terms of use, or the terms and conditions applicable to the Valet Service; (iii) engaged in any misconduct or wrongdoing in connection with the Program including, without limitation, with respect to claiming the Valet Service.
      2. In the event your membership account is terminated by us, you will no longer be eligible to receive the Valet Service at no charge. If we terminate your membership account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Program, the Program Website or in connection with your Membership Account, your account will be terminated immediately, and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your internet service provider of any fraudulent activity we associate with you or your use of the Program Website. We reserve the right to monitor the Membership Accounts of all members, at any time and without notice, for compliance with these Program Terms.
    2. Voluntary Cancellation. You may cancel membership in the Program at any time by sending written notice of cancellation to the Shopping Center’s Marketing Manager, at (480) 945-5495. Upon delivery of such cancellation notice, you will no longer be eligible to receive the complimentary Valet Service. The Valet Service has no cash value and Macerich will not compensate or pay cash for any forfeited or unused membership.
  4. OTHER TERMS AND CONDITIONS.
    1. Modification of the Program and these Program Terms. Macerich may change the Program and these Program Terms at any time, for any reason and without notice. Macerich may make changes that affect, without limitation, enrollment and membership-administration processes and the Valet Service (including the availability and rules for redeeming the Valet Service). Any changes to these Program Terms will be effective upon posting of notice of the changes on the Program Website. We suggest that you revisit these Program Terms from time to time to ensure that you stay informed of any such notifications of changes to the Program or these Program Terms. Your use of the Program and/or the Program Website after we update these Program Terms will constitute acceptance of the modified Program Terms.
    2. Termination of the Program. Macerich may terminate the Program before the Termination Date in whole or in part with thirty (30) days advance notice to all members; provided however, if applicable law requires more than thirty (30) days advance notice prior to termination of the Program then members will be provided the advance notice required by applicable law prior to termination of the Program. If the Program is terminated, members will no longer be eligible to receive the complimentary Valet Service through the Program without any obligation or liability on the part of Macerich.
    3. DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT MEMBERSHIP IN THE PROGRAM AND USE OF THE PROGRAM WEBSITE IS AT YOUR SOLE RISK. NEITHER MACERICH, THE MACERICH COMPANY, THE MACERICH PARTNERSHIP, L.P., THE SHOPPING CENTER, SCOTTSDALE FASHION SQUARE LLC, NOR THEIR RESPECTIVE AFFILIATES, MEMBERS, SHAREHOLDERS PARTNERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM PARTICIPATION IN THE PROGRAM, (II) THE ACCURACY, COMPLETENESS, RELIABILITY OR CONTENT OF ANY INFORMATION (INCLUDING, BUT NOT LIMITED TO, DESCRIPTIONS OF MEMBERSHIP BENEFITS), SERVICES OR PRODUCTS PROVIDED THROUGH THE PROGRAM OR THE PROGRAM WEBSITE; OR (III) THAT USE OF THE PROGRAM WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE. MACERICH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PROGRAM WEBSITE, OR THE CONTENT, STATEMENTS OR OTHER INFORMATION CONTAINED ON THE PROGRAM WEBSITE, OR THE PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PROGRAM, THE PROGRAM WEBSITE, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
    4. LIMITATION OF LIABILITY. IN NO EVENT SHALL MACERICH, ITS AFFILIATES, MEMBERS, SHAREHOLDERS PARTNERS, NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR MEMBERSHIP IN THE PROGRAM, USE OF THE PROGRAM WEBSITE, THE CONTENT, STATEMENTS AND OTHER INFORMATION CONTAINED IN THE PROGRAM WEBSITE, THE MEMBERSHIP BENEFITS OR OTHER PRODUCTS OR SERVICES ACCESSIBLE OR AVAILABLE THROUGH THE PROGRAM OR THE PROGRAM WEBSITE OR THESE PROGRAM TERMS.
    5. Membership Communications.
      1. All Program communications will be sent to the member’s e-mail, mobile phone or mailing address currently provided in the member’s membership account. Members must keep their email, mobile phone and mailing addresses current.
      2. All communications will comply with our privacy policy.
      3. At any time a member contacts Macerich, Macerich may ask the member certain security-related questions to verify the member’s identity. Macerich may monitor or record telephone calls to improve quality of service.
    6. Taxes. The Valet Service may be subject to sales or other taxes. You are solely responsible for paying all such taxes and for making all applicable disclosures to third parties. Macerich will not be liable for any tax liability, duty or other charges in connection with the Valet Service.
    7. Operation of the Program Website. The Program Website is operated by third parties, and your use of the Program Website is subject to your agreement to the Website Terms. Macerich is responsible for the operation of the Program Website.
    8. Not Responsible for Acts, Errors, or Omissions. Macerich is not responsible for any of the following: (a) any loss or misdirection of, or delay in receiving, any member application, correspondence, or requests to redeem the Valet Service; (b) any acts or omissions of third parties, including the valet operator or (d) any errors published in relation to the Program, including, without limitation, the terms of any membership rewards displayed on the Program Website or otherwise communicated to members or the general public. Macerich reserves the right to correct, without notice, any errors.
    9. Interpretation of Program Terms. All interpretations of these Program Terms will be at Macerich’s sole discretion, and Macerich’s decisions will be final.
    10. Waiver. Macerich’s waiver of any breach of these Program Terms by any member will not constitute a waiver of any other prior or subsequent breach of these Program Terms. Macerich’s failure to insist upon strict compliance with these Program Terms by any member will not be deemed a waiver of any rights or remedies that Macerich may have against that or any other member. Macerich may waive compliance with these Program Terms in its sole discretion and may run promotions from time to time that provide enhanced benefits to select members.
    11. Governing Law – California. The Program and these Program Terms shall be governed by and construed in accordance with the laws of the State of California notwithstanding any conflict of law rules.
    12. Jurisdiction. You agree that any action at law or inequity arising out of or relating to these Program Terms or the Program shall be filed only in the state or federal courts in and for the County of Los Angeles and State of California, and you hereby consent and submit to the personal and exclusive jurisdiction and venue of such courts for the purposes of litigating any such action.
    13. Waiver of Punitive Damage Claims and Class Actions. You and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
    14. Subject to Law. Membership in the Program and the redeeming of the Valet Service are subject to all applicable local laws and regulations. Membership in the Program, claiming of the Valet Service may not be available if prohibited or restricted by applicable law or regulation in the Unites States. If any part of these Program Terms is held to be unlawful or unenforceable, that part will be deemed deleted from these Program Terms in such jurisdiction and the remaining provisions will remain in force, subject to Sections 4.1 and 4.2.
    15. Entire Agreement. These Program Terms, together with those incorporated herein or referred to herein, constitute the entire agreement between Macerich and you relating to the subject matter hereof, and supersede any prior understandings or agreements (whether oral or written) regarding the subject matter, and may not be amended or modified except in writing or by making such amendments or modifications available on the Program Website.
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