Re: Pending
4. CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty or guarantee, either express or implied outside of manufacturer's limited warranty. No transfer, assignment or substitution of a prize permitted, except Sponsor reserves the right to substitute prize for an item of equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and all applicable federal, state, and local laws, rules and regulations. All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely the Winner’s responsibility. If the actual retail value of any Winner’s prize is $600 or more, the Winner must complete a W9 form and supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name of the Winner (or, if a minor, in the name of the minor) for the actual value of the prizes received. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who are unable or unavailable to accept or utilize prizes as described herein. Entrants agree to be bound by the terms of these Official Rules and by the decisions of ponsor, which are final and binding on all matters pertaining to this Sweepstakes. Winner (and parent or legal guardian if Winner is a minor) may be required to sign and return an Affidavit of Eligibility, a Liability Release and where legally permissible a Publicity Release within seven (7) days following the date of first attempted notification. Failure to comply with this deadline may result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as undeliverable may result in disqualification and selection of an alternate Winner.
Winner hereby further agrees that it will sign any documents necessary to transfer copyright of his/her
submitted entry, if applicable, to Sponsor within seven (7) days following the date of first attempted
notification. By entering, Entrant grants permission for Sponsor, and any of its affiliates and subsidiaries,
participating advertising and promotion agencies, and prize suppliers to use the entrant’s submission
(including an altered form of the entry), if any, for editorial, advertising and promotional purposes without
additional compensation, unless prohibited by law. If images are being submitted to Sponsor as a
requirement for entry, Entrants agree that they have all rights to use the images submitted and to allow
Sponsor, any of its affiliates and subsidiaries, participating advertising and promotion agencies, and prize
suppliers to reuse any of the images, without any liability, for editorial, advertising and promotional
purposes. Additionally, acceptance of the prize by Winner constitutes permission for Sponsor and any
affiliates and subsidiaries, participating advertising and promotion agencies, and prize suppliers to use
Winner’s name and/or likeness and biographical material for editorial, advertising and promotional
purposes without additional compensation, unless prohibited by law. By accepting prize, Winner agrees
to hold Sponsor, its advertising and promotion agencies and their respective parent companies,
subsidiaries, affiliates, partners, representative agents, successors, assigns, officers, directors, and
employees harmless for any injury or damage caused or claimed to be caused by participation in the
Sweepstakes or acceptance or use of the prize. Sponsor is not responsible for any printing,
typographical, mechanical or other error in the printing of the offer, administration of the Sweepstakes or
in the announcement of the prize.
5. INTERNET/MOBILE: Sponsor is not responsible for electronic transmission errors resulting in
omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or
unauthorized access to or alterations of entry materials, or for technical, network, telephone equipment,
electronic, computer, hardware or software malfunctions or limitations of any kind, or inaccurate
transmissions of or failure to receive entry information by Sponsor or presenter on account of technical
problems or traffic congestion on the Internet, at any Web site, or via the mobile phone or any
combination thereof. If for any reason the Internet or mobile phone portion of the program is not capable
of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention,
fraud, technical failures, or any other causes which corrupt of affect the administration, security, fairness,
integrity, or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to
cancel, terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to select winners from
eligible entries received as of the termination date. Sponsor further reserves the right to disqualify any
individual who tampers with the entry process. Sponsor may prohibit an entrant from participating in the
Sweepstakes if it determines that said entrant is attempting to undermine the legitimate operation of the
Sweepstakes by cheating, hacking, deception or other unfair playing practices or intending to abuse,
threaten or harass other entrants. Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws and
should such an attempt be made, Sponsor reserves the right to seek damages from any such participant
to the fullest extent of the law.
6. 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 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 New York, NY, (2) any and all claims, judgments and awards shall be limited to actual out-of2
pocket costs incurred, but in no event attorneys' fees; and (3) no 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. New York State law, without reference to New York’s choice
of law rules, governs the Sweepstakes and all aspects related thereto.
7. SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications, Inc., 300 W. 57th Street, New York, NY 10019.
