1. The Basics. NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED. The "Acceptance Matters Holiday RT to Win Sweepstakes sponsored by MasterCard" (the "Sweepstakes") begins December 16, 2013, at 12:00 p.m. and ends on December 20, 2013, at 12:00 p.m., all times Eastern Standard Time (the "Sweepstakes Period"), and is subject to all applicable federal, state and local laws.
2. Eligibility. Open only to permanent, legal United States ("U.S.") residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia, and who are eighteen (18) years of age or older at the time of entry. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Here Media Inc. ("Sponsor"), MasterCard International Incorporated, and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. Multiple participants are not permitted to share the same email address or Twitter account. In case of a dispute over the identity of an entrant, the authorized account holder of the Twitter account used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to a Twitter account by the Twitter Website. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted.
If you opt to enter the Sweepstakes via your wireless mobile device, standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a winner, which may be subject to charges pursuant to your carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your devices capabilities for specific instructions.
5. Prize. Odds of winning depend on the number of eligible entries received. One (1) winner (the "Winner") will receive a prize (the "Prize") consisting of one (1) $500.00 MasterCard gift card. The prize is awarded "as is" and you hereby acknowledge that the Sponsor has neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prize. If the Prize is a product or service of a third party (e.g. a retail gift card) it shall be subject to the terms and conditions (policies, redemptions, expiration dates), which shall be subject to change, that are established by the third party. The Prize will be awarded only if the potential Winner fully complies with these Official Rules. No Prize transfer or cash redemption. No Prize substitution, in whole or in part, except by Sponsor due to Prize unavailability or any other reason as solely determined by Sponsor, in which case a prize of comparable or greater value will be awarded. By accepting the 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.
6. Winner Selection and Notification. Following the conclusion of the Sweepstakes Period, on or about December 20, 2013, Sponsor will randomly select one (1) eligible Entry as the Winner of the Sweepstakes. The Winner will be notified through a tweet ("Winner Notification") and is required to send a Direct Message through Twitter to the "@OutMagazine" Twitter account within twenty-four (24) hours of the Winner Notification, or another Winner may be selected. Any change in the Twitter account or e-mail address of the Winner is the sole responsibility of the entrant. Both prior to and after potential Winner is announced, Sponsor reserves the right to conduct a background check on any potential Winner, and reserves the right in its absolute and sole discretion to disqualify any person based on such background check if Sponsor determines in its absolute and sole discretion that awarding the Prize to such potential Winner might reflect negatively on Sponsor or any of the Sweepstakes Entities. If Winner is not able to accept the Prize, an alternate Winner may be selected from among all eligible remaining Entries. Winner may be required to complete, execute and return a separate Affidavit of Eligibility and/or Release within twenty-four (24) hours of their receipt. Failure to execute and return this Affidavit and Release by the deadline may result in disqualification and an alternate Winner may be selected from among all eligible remaining Entries.
7. Privacy / Publicity. The information you provide, including your email address, may be used to contact you in connection with the Sweepstakes as well as for general marketing and promotional purposes. By participating in the Sweepstakes, you consent to receive news, updates and/or promotional information from Sponsor and/or its related or affiliated entities and brands. Acceptance of the Prize constitutes permission for Sponsor, or a party designated by Sponsor, to use the Winner's name, image, likeness, photograph and entry submission (including an altered form) for advertising, publicity and promotional purposes, in any and all media now or hereafter known, including, but not limited to, online announcements or sharing this information with the press for viewing, whether television or print, throughout the world, in perpetuity, all without any additional compensation, notification, or permission, except where prohibited by law.
8. Release of Liability. By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the use by Released Parties of such entrant's name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors' sole discretion.
9. Sweepstakes Administration. All interpretations of these Official Rules and decisions by Sponsor are final. The 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. 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 on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. The Sponsor shall assume no liability resulting from losses, delays, mistaken addresses on mail or e-mail received, typographical errors, technical, computer or telephone malfunctions, loss or theft of computer or telephone data, damage to software or computer equipment, fraudulent calls or any other mistake. If for any reason the Sweepstakes 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 or 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 a Winner from eligible Entries received as of the termination date. Sponsor 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 in its sole discretion 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. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules.
10. Disputes. By entering the Sweepstakes, each entrant agrees, except where prohibited, that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in New York, New York, and entrant hereby waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event will attorneys' fees be awarded or recoverable; (3) under no circumstances will entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental, special, consequential and/or any similar damages, including without limitation lost profits, and further waives any and all rights to have damages multiplied or otherwise increased. The remedy for any claim shall be limited to actual damages, and in no event shall any party be entitled to recover punitive, exemplary, consequential, or incidental damages, including attorney's fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief. New York State law, without reference to New York's choice of law rules, shall govern the Sweepstakes and all aspects related thereto.
11. Request Name of Winner. For the name of the Winner, send a self-addressed stamped envelope by February 28, 2013, to: Here Media Inc., "Acceptance Matters Holiday RT to Win Sweepstakes," 10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024, Attention: Business and Legal Affairs.
12. Sponsor. The Sponsor of this Sweepstakes is Here Media Inc.,10990 Wilshire Blvd., 18th Floor, Los Angeles, CA 90024 (the "Sponsor"). Reference to third parties in connection with prizes and/or third party websites or services (such as Twitter) are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Sweepstakes. You are providing your information to Sponsor and not to Twitter. Any questions, comments or complaints regarding this Sweepstakes should be addressed to Sponsor and not to Twitter.