The Ultimate NYC Shopping Spree Sweepstakes Official Rules
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1. Eligibility
No purchase or payment of any kind is necessary to enter, win, or claim Prize (as defined below). A purchase does not increase your chances of winning. The Ultimate NYC Shopping Spree Sweepstakes (“The Sweepstakes”) is open to all legal U.S. residents who are of legal age of majority in their state of residence (18), except Alabama and Nebraska (19), and Mississippi (21) at the time of entry. Employees of Clique Media, Inc. (Who What Wear) (“Sponsor”) Time Inc. Affluent Media Group, and NY Mag, and each of their respective affiliates, partners, subsidiaries, franchisees, distributors, advertising and promotion agencies, and each of their officers, directors, employees, agents, and the immediate families or household members of each (collectively hereinafter, “Promo Partners”) are not eligible to enter. The Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited or restricted by law or regulations. Winning the Prize is contingent upon fulfilling all requirements set forth herein.
2. How to Enter
Standard Entry:
To enter, visit http://www.whowhatwear.co.uk/ultimate-nyc-sweepstakes between Tuesday, February 18, 2014, 12:01AM PST and 11:59 PM PST on Tuesday, March 4, 2014 and complete the entry form by providing your email address. In order to be eligible, you must be a registered subscriber of Who What Wear, The Goods, and NYMag or become a registered subscriber of Who What Wear and The Goods, NY Mag when submitting your entry, and remain a registered subscriber from time of entry until 11:59 PM PST on Tuesday, March 11, 2014. Subscribing is free. Sweepstakes day is defined as a calendar day beginning at 12:01:01a.m. PST and ending at 11:59 p.m. PST ("Day"). Sponsor’s computer is the official time-keeping device for the Sweepstakes. Only one (1) entry per person/email address permitted during the entry period. Entries with duplicate email addresses or multiple entries using different email addresses for a single individual will be disqualified. Use of any automated system to participate is prohibited and will result in disqualification.
All entries and requests become the property of Sponsors Promo Partners and will not be acknowledged or returned. In the event of a dispute over who submitted an entry, the entry will be deemed submitted by the authorised account holder of the email address submitted at time of entry. “Authorised account holder” is defined as the natural person who is assigned to an email address by an Internet access provider, on-line service provider, or other organisation (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Winner may be required to show proof that he/she is authorised account holder.
3. Selection of Winner
One (1) potential grand prize winner will be selected in a random drawing on or about March 5, 2014 (from among all eligible entries submitted during the Sweepstakes Period) conducted by representatives of Sponsor. Potential winner will be notified by email on or about March 5, 2014, and will be given instructions on how to claim the Prize. Potential winner will be required to sign and return an affidavit of eligibility and liability release (and, where permitted, a publicity release) within five (5) business days of the date on the notification or the Prize will be forfeited and awarded to an alternate potential winner. If a potential winner cannot be contacted, fails to execute and return the requested documents within the required time period, or the Prize is returned as undeliverable, or he/she refuses the Prize for any reason, such potential winner forfeits the Prize and Sponsor will select an alternate potential winner by random drawing. Odds of winning depend on the number of eligible entries received. Potential winner is not an official winner (“Official Winner”) until potential winner’s eligibility has been verified and the then Official Winner has been notified that verification is complete. Sponsor will not accept screen shots or other evidence of winning in lieu of its validation process. If Sweepstakes site fails for any reason, any entry received during that time will be deemed a defective entry.
4. Prize
One (1) grand prize winner will receive one (1) $1000 American Express gift card, a three (3) night stay at The Roosevelt Hotel in New York for two (2)[double occupancy], and two (2) round trip coach air tickets to New York City from a major commercial airport in the contiguous 48 United States near the winner’s primary residence, as determined by Sponsor (the “Prize”). Approximate Retail Value (“ARV”) of Prize is $4,999.99. All other expenses not specifically mentioned herein, including but not limited to, ground transportation other than that mentioned herein, meals, entertainment, insurance, additional hotel amenities or fees and gratuities, are the responsibility of winners and travel companions. For prizes that include a dinner portion, alcoholic beverages are not included. If actual value of the Prize is lower than the stated ARV when Prize is procured and fulfilled, then the difference will not be awarded. Ground transportation will be substituted for air travel if winner lives within one-hundred fifty (150) miles of New York City at Sponsor’s discretion. Travel and hotel accommodations are subject to availability. Once ticketed, any itinerary changes are subject to airline-imposed change/cancellation penalties; air tickets are non-refundable and non-transferable. Airline-imposed fees may apply for checked baggage and other optional services and are the responsibility of winner and companion. Prize trips must be taken within one (1) year of winner notification or the Prize will be forfeited. Arrangements for the fulfillment of the Prize will be made by Sponsor. Certain restrictions and blackout dates may apply. Prize is non-transferable and no substitution by winner or cash equivalent is allowed. Sponsor reserves the right to substitute Prize or portion of the Prize for one of equal or greater value at its sole discretion. All federal, state and local taxes or other expenses relating to the use, acceptance and possession of the Prize are the sole responsibility of the winner. An IRS form 1099 will be filed in the name of each of the winners for the retail value of the corresponding Prize. Prize will be awarded "as is" with no warranty or guarantee, either express or implied offered by Sponsor. Limit: One (1) Prize per person/household. No more than the stated number of prizes in these official rules will be awarded.
5. Acceptance of Official Rules
As a condition of entry, you fully and unconditionally agree to these Official Rules and to the Sponsor’s decisions, which are final and binding in all respects.
6. Entry Errors
Promo Partners not responsible for lost, late, incomplete, damaged, stolen, invalid, unintelligible or misdirected entries or information. Promo Partners are not responsible if online service is interrupted including without limitation (1) interruptions to any network, server, Internet, Web site, telephone, satellite, computer or other connections, (2) failures of any telephone, satellite, hardware, software or other (3) garbled, misdirected or jumbled transmissions, or traffic congestion, (4) other errors of any kind, whether human, technical, mechanical or electronic, (5) the incorrect or inaccurate capture of entry information or the failure to capture any such information, or (6) any printing or typographical errors. If for any reason your entry is confirmed to have been erroneously lost, or otherwise destroyed or corrupted, your sole remedy is another entry in the Sweepstakes.
7. Official Winner
Publicity. As a condition of entry, you grant Promo Partners and their agents permission to use your name, likeness, voice, and biographical information for publicity or advertising in any media or manner, without further payment, consideration, notice or approval and without geographic or time limitation.
Liability. You agree that Promo Partners will have no liability whatsoever in connection with this Sweepstakes and you shall hold them harmless for any injuries, losses or damages of any kind that you or others may suffer as a consequence of your participation in the Sweepstakes and/or your acceptance, use or misuse of the Prize.
8. Conditions of Participation
Conduct. Promo Partners reserve the right in their sole discretion to modify, cancel, terminate, and/or suspend the Sweepstakes and to disqualify any individual who tampers with the entry process, violates these Official Rules, or acts in a disruptive or unsportsmanlike manner. In the event that the Sweepstakes is terminated early, Sponsor reserves the right, but shall not have the obligation, to award the Prize in a random drawing from among the eligible entries received prior to the date of termination. Without limiting the foregoing, Sponsor reserves the right to disqualify any individual and may lock out any entrant who, in its sole judgment, tampers with the entry process or the operation of the Sweepstakes, who acts in violation of these Official Rules including acting in an unsportsmanlike or disruptive manner, or has questionable eligibility or is otherwise ineligible to enter.
WARNING: Any attempt by any person to deliberately 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 seek damages from any such person to the fullest extent permitted by law. Promo Partners’ failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. Disputes/Choice of Law
Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Los Angeles, CA; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; (3) under no circumstances will you be permitted to obtain awards for punitive, incidental, special, consequential or other damages, including without limitation, lost profits, may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. California law, without reference to choice of law rules, governs the Sweepstakes and all aspects related thereto. Further, you agree that you have no right or authority to bring any actions on a class action basis or in a purported representative capacity on behalf of the general public, or other persons similarly situated.
10. Entrant's Personally Identifiable Information. Information collected from entrants is subject to Sponsor Privacy Policy (http://www.whowhatwear.co.uk/privacy-policy) and Promo Partners’ Privacy Policy (http://nymag.com/newyork/privacy/; http://www.amexpub.com/privacy/)
11. Winner
For a copy of these Official Rules, or the name of the winner, mail a self-addressed stamped envelope to
Clique Media, Inc. – 360 N. La Cienega Blvd. 3rd Floor Suite B, Los Angeles, CA 90048 (Vermont residents may omit pre-paid postage).
12. Sponsor
Sponsor:
Clique Media, Inc.
360 N. La Cienega Blvd. 3rd Floor Suite B, Los Angeles, CA 90048
200965248.1