OFFICIAL RULES for [•] Sweepstakes (“Sweepstakes”)
Time Out America LLC (“Time Out”)
- ELIGIBILITY: The Time Out [•] Sweepstakes (the “Sweepstakes”) is open to legal residents of the United States who are 21 years of age and older and who are physically located and reside in the United States at time of entry ("Entrant"). Multiple entries per person are allowed. Void in Puerto Rico and where prohibited. Employees, directors and officers, and their immediate families (spouse, parents, children, siblings, and their respective spouses), and their respective household members (whether related or not), of Time Out America, LLC (”Sponsor”), its affiliates, subsidiaries, and divisions advertising and promotion agencies and prize partners are not eligible to enter. These Sweepstakes are subject to all applicable federal, state, and local laws. US law governs these Sweepstakes. Notwithstanding anything to the contrary, the Sweepstakes is void where prohibited. There is no purchase requirement to enter the Sweepstakes. Purchases do not improve the chances of winning.
- ENTRY PERIOD: The entry period (5/15/2018 - 5/31/2018) for the Sweepstakes starts on 5/15/2018 and ends on 5/31/2018 at [11:59PM] Eastern Standard Time.
- MAIN METHOD OF ENTRY: An entry (“Entry” or “Entries”) shall be submitted on behalf of an Eligible Participant each time such Eligible Participant makes a purchase of  or more on Sponsor’s website using [what agreed payment mechanism? To be clarified] during the Entry Period. Automatic entry must be submitted within the Entry Period to be eligible. [Limit number of entries to one per day? To be confirmed with JH].
- ALTERNATIVE METHOD OF ENTRY: N/A
- WINNER SELECTION: The winning Entry (“Winner”) will be selected seven (7) days after the End Date to provide sufficient time for receipt of mailed-in entries. The Winners will be selected randomly from all Entries received in accordance with the Rules. [All Entries will be listed and numbered on a spreadsheet, including mailed-in Entries, and a random number will be generated through an independent computer program, using a blind procedure, which will reveal the winning Entry.] There will be only one Winner of the Prize. The Winner will be contacted by Sponsor by telephone or email within two (2) weeks from the End Date of the Sweepstakes and the Winners must confirm acceptance of the Prize (as defined below) within seven (7) days of notification. If Sponsor is unable to contact the Winner to confirm their acceptance of the Prize within the allotted time period, Sponsor reserves the right to select another Winner drawn using the same selection procedure. Sponsor shall have no liability to a previously selected Winner who have not responded in time. Sponsor reserves the right to ask the Winner to provide proof of age and/or state of residence. The Winner may be announced on the Sponsor website for at least thirty (30) days’ after the Prize has been awarded and as such, Sponsor will have the right (without additional permission being required) to use the Winner’s names, age and town/city for that purpose and they may be requested by Sponsor to participate in post-event publicity both in paper and online. The Winner agrees to provide any information required by Sponsor to fulfil the Prize as per applicable laws, such as the Winner’s social security number when and if required for tax regulation compliance purposes. In addition, the Winner may be asked to complete a general release and an affidavit of eligibility.
- The Prize is One Sub home draft device, four tasting glasses and a $150 Visa gift card. This total prize is valued at over $800.]. The Prize can be redeemed only between [5/31/2018] and [5/31/2019]. The Prize is non-transferable and non-refundable. No cash alternative is available for the Prize. In the unlikely event that the Prize should become unavailable or unredeemable, Sponsor reserves the right to substitute an alternative prize which it reasonably determines as being of equal value. All taxes and any other costs not specifically stated within these Official Rules are the sole responsibility of the winner. Prize may not be transferred, substituted or redeemed for cash, except at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable at the time the prize is awarded. A Form 1099 may be issued to the Winner.
- WARRANTY: Each Entrant hereby warrants that all information submitted is true, current and complete. Sponsor reserves the right to verify the eligibility Entrants. Sponsor does not accept responsibility for lost, damaged, invalid or illegible Entries.
- LIMITATION OF LIABILITY: ENTRANTS HEREBY AGREE TO RELEASE, INDEMNIFY AND HOLD HARMLESS TIME OUT AMERICA, LLC AND EACH OF ITS AFFILIATES, SUBSIDIARIES, DIVISIONS, ADVERTISING AND PROMOTION AGENCIES, EMPLOYEES, OFFICERS, DIRECTORS, SHAREHOLDERS AND PRIZE PARTNERS, INCLUDING CHELSEA PIERS (COLLECTIVELY, THE “RELEASEES”), FROM ANY CLAIMS, ACTIONS, INJURY, LOSS OR DAMAGE OF ANY KIND, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, RESULTING FROM PARTICIPATING IN THIS SWEEPSTAKES, OR FROM THE ACCEPTANCE, POSSESSION, OR USE OR MISUSE OF ANY PRIZE AWARDED OR PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY. THIS LIMITATION OF LIABILITY IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING (WITHOUT LIMITATION) COMPENSATORY, DIRECT, INDIRECT, OR CONSEQUENTIAL DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; LOSS OF DAMAGE TO PROPERTY; AND CLAIMS OF THIRD PARTIES. PARTICIPANTS AGREE THAT SPONSOR HAS NOT MADE NOR IS IN ANY MANNER RESPONSIBLE OR LIABLE FOR ANY WARRANTY, REPRESENTATION, OR GUARANTEE, STATUTORY, EXPRESS OR IMPLIED (INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, AND FITNESS FOR A PARTICULAR PURPOSE), IN FACT OR IN LAW, RELATIVE TO THE SWEEPSTAKES OR ANY PRIZES AWARDED HEREIN. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SPONSOR DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO SPONSOR'S WEBSITE AND SPONSOR SHALL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS RELATED THERETO Releasees are not responsible for technical, hardware or software malfunctions, telephone failures of any kind, lost or unavailable network connections, inability to access a website or submit an Entry, vote, fraud, incomplete, garbled, or delayed computer transmissions or inaccurate transcription of entry information, whether caused by the Sponsor, users or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any technical or human error which may occur in the processing of submissions which may damage a user’s system or limit a participant’s ability to participate in the Sweepstakes. Entry materials or votes that have been tampered with or altered are void. Sponsor reserves the right, in its sole discretion, to cancel or suspend part or all of this Sweepstakes at any time without notice, if in the judges’ opinion there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if virus, bugs, non-authorized human intervention or other causes corrupt or impair the administration, security, fairness or integrity and proper play of the Sweepstakes. In such event, Sponsor may void any entries they suspect are at issue and award prizes from among all eligible entries/votes received up to the date of cancellation. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY ONLINE SERVICE RELATED TO THIS SWEEPSTAKES OR TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEY’S FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that or any other provision. Sponsor reserves the right to disqualify Entrants who violate the rules or interfere with this Sweepstakes in any manner. If an Entrant is disqualified, Sponsor reserves the right to terminate that Entrant’s eligibility to participate in the Sweepstakes. Any attempts by an individual to access any website associated with this competition via a bot script or other brute force attack or any other unauthorized means will result in the IP address becoming ineligible. Use of automated entry devices or programs is prohibited.
- DISPUTES: Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
- SPONSOR: The Sponsor of this Sweepstakes is Time Out America, LLC, 1540 Broadway, 42nd Floor, New York, NY 10036.
© Copyright 2017 Time Out America, LLC. All rights reserved. Entrants may copy these Official Rules for the sole purpose of personal use and not for any commercial purpose whatsoever.