OFFICIAL RULES OFFICIAL RULESSPONSORS The Sweepstakes is sponsored by Uptown Media Group, whose address is 113 W. 125th Street, New York, NY 10035, Luxury Retreats, whose address is 5530 St. Patrick Street, Suite 2210, Montreal, Quebec, Canada H4E1A8 and Shop Text whose address is 466 Broome Street, 2nd Fl., New York, New York 10013 (individually and collectively referred to as the “Sponsors”). ELIGIBILITY The Sweepstakes is open to legal residents of the United States, including the District of Columbia. This Sweepstakes is void outside the United States, including United States territories and Puerto Rico and wherever prohibited by federal, state or local law. You must be twenty-one (21) years of age or older as of March 26, 2008 to enter this Sweepstakes and be eligible to win. All U.S. Federal, State and Local laws and regulations apply. Employees, officers, directors, agents and representatives of the Sponsors, and their parent companies, subsidiaries, affiliates, advertising and promotion agencies, and the immediate family members of each of the above and/or those living in the same household are not eligible to participate. Sponsors reserve the right to verify the eligibility of Winner. HOW TO ENTER No purchase necessary, a purchase will not increase your odds of winning. There are two methods of entry. Method 1: visit the Sweepstakes entry page at www.uptowngetaway.com. All online entrants are subject to all notices posted online, including but not limited to privacy policy. Method 2: You may also text LUXURY to 467467 from a text messaging capable device (standard text messaging rates apply) during the Sweepstakes period. Once the text message is received and verified by ControlScan, you will be registered into the Sweepstakes. By submitting your entry via text, you are agreeing that you have read and agree to these Official Rules. Limit one (1) entry per person regardless of where or how entered. Subsequent attempts made by the same individual using multiple names, nicknames, various phone or text devices or otherwise will result in automatic disqualification. By entering the Sweepstakes, you agree to be bound by these Official Rules and the decisions of Sponsors which are final and binding in all regards. All entries will become the Sponsors’ property and will not be returned or acknowledged. The Sponsors may share information about their Internet customers with some of our affiliated companies and specially chosen marketing partners, but they will not share your email address with others for them to send you unsolicited email. Notwithstanding the foregoing, by participating, entrants consent to receive notification of future promotions, advertisements or solicitations by or from Sponsors via email, direct mail, text message or other means of communication. You may opt out of such communication by following the directions in any email received or as posted on www.uptownmagazine.com. SWEEPSTAKES PERIOD/DEADLINES: The Sweepstakes online entry period opens on March 26, 2008 at 12:01 am/EDT and will close on August 26, 2008 at 11:59 pm/EDT. There will be no exceptions. GRAND PRIZE ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. The grand prize winner (“Winner”) will receive two round-trip air coach transportation to and from the major airport nearest winner’s home (in Sponsor’s sole discretion) for two (2) people and seven (7) nights in a luxury villa accommodations in Riviera Maya, Mexico (room and tax only, double occupancy), round trip airport transfers at destination (“Grand Prize”). Approximate retail value of the Grand Prize is $5000.00. Actual value may vary based on airfare fluctuations and distance between departure and destination. Sponsors will determine the airline and flight itinerary in its sole discretion. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability and must be completed by September 30, 2009. Travel is subject to the terms and conditions set forth in these Official Rules, and those set forth by the Sponsors’ airline carrier of choice as detailed in the passenger ticket contract. Travel companion (unless child of winner) must be the age of majority in his/her place of residence as of the date of departure and must travel on same itinerary and at the same time as the winner. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Travel restrictions, conditions and limitations may apply. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. Winner and travel companion responsible for obtaining all government issued identification necessary for travel. No transfer or substitution of prizes is allowed. The prizes may not be redeemed for cash and there is no cash value. The Sponsors reserve the right to substitute the Grand Prize or any portion thereof for one of equal or greater value for any reason at their sole discretion. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to, ground transportation at origination, meals, incidentals, passenger tariffs or duties, surcharges, airport fees, service charges or facility charges, personal charges at lodging, security fees, taxes or other expenses are the responsibility solely of winner. Any state, federal and local taxes are the sole responsibility of the Winner and the Winner holds Sponsors harmless from and against Winner’s failure to pay same. SELECTION AND NOTIFICATION OF PRESUMPTIVE WINNER: ODDS OF WINNING DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. The presumptive winner will be chosen in a random drawing from among all eligible entries on September 15, 2008 and notified by email, text or phone on or about September 30, 2008 (“Notice”). The presumptive winner will be required to respond to the notification by e-mail, mail, or phone within five (5) calendar days and, in such response, must provide his/her full name, residential mailing address, daytime telephone number, date of birth, and social security number to be eligible to receive the Grand Prize. The presumptive winner must comply with all terms and conditions set forth in these Official Rules (including eligibility) and winning and award of Grand Prize is contingent upon fulfilling all requirements set forth herein. The presumptive winner will also be required to sign and return an Affidavit of Eligibility and Publicity Release (unless prohibited by law) and return both for verification before receiving the Grand Prize. The return notification of selection as a winner as undeliverable or failure to timely respond to the Notice or failure to completely return the Affidavit and Release will result in disqualification of the presumptive winner and the Sponsors, in their sole discretion may select alternative winner. In the event of a dispute, the decision of the Sponsors shall be final and binding. GENERAL TERMS AND CONDITIONS By participating, entrants agree to be bound by these Official Rules and the decisions of the Sponsors, which shall be final, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All federal, state and local laws apply. All federal, state or other income tax liabilities arising from this Sweepstakes will be the sole responsibility of the Winner. The Sponsors and each of their parent companies, affiliates, subsidiaries, licensees and assigns and advertising and promotions agencies are not responsible for and shall not be liable for: (i) late, lost, delayed, misdirected, incomplete or unintelligible entries, telephone system or computer malfunctions, lost connections or transmission errors; (ii) any injuries, losses or damages of any kind caused by the acceptance, possession or use of any prize or from participating in the Sweepstakes; (iii) any printing, typographical, administrative or technological errors in any material associated with the Sweepstakes; or (iv) any damage to entrant’s or any other person’s computer network, software, hardware or other telecommunications malfunctions related to or resulting from entering into this Sweepstakes or downloading any material from the Sponsors’ website. The Sponsors reserve the right, in their sole discretion, to modify, cancel or suspend this Sweepstakes should a virus, bug, computer problem or other causes beyond the Sponsors’ control corrupt the administration, security or proper play of the Sweepstakes. Sponsor has the right but not the obligation, to award the Grand Prize from eligible entries received as of the date of termination. In the event of a dispute concerning the identity of an on-line entrant, entry will be declared made by the authorized account holder of the email address from which the entry was submitted. “Authorized account holder” is defined as the person assigned to an email address by an Internet access provider, on-line service provider or other organization responsible for assigning email addresses at the time the entry was submitted. The Sponsors may prohibit you from participating in the Sweepstakes or winning the Grand Prize if, in their sole discretion, the Sponsors determine that you are attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices or intending to annoy, abuse, threaten or harass any other players or Sponsor or their representatives. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION OF ENTRANT AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) AT LAW AND EQUITY FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Acceptance of the Grand Prize will constitute permission for the Sponsors to use the name, city, state and voice of the Winner for advertising, editorial, publicity and promotional purposes by Sponsors throughout the world, in perpetuity, in any media now known or hereinafter developed, without any further compensation, notification, review or approval, except where prohibited by law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors 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, which would cause the application of the laws of any jurisdiction other than the State of New York. In addition, any dispute relating to the Sweepstakes (including these Official Rules) shall be brought in the appropriate state or federal court having jurisdiction over the subject matter located in the City and County of New York. Entrants hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non conveniens or lack of personal jurisdiction they may have. ENTRANTS RELEASE AND HOLD SPONSORS, EACH OF THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, LICENSEES, AGENCIES, ASSIGNS AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE SWEEPSTAKES HARMLESS FROM AND AGAINST FROM ANY AND ALL CLAIMS, LOSSES, LIABILITIES, EXPENSES OR INJURIES OF ANY KIND RESULTING IN ANY WAY FROM ENTRANTS PARTICIPATION IN THE SWEEPSTAKES, INCLUDING BUT NOT LIMITED TO, THE DRAWING, THE USE OF THE PRIZE, ANY DELAYED, LOST, MISDIRECTED, OR DAMAGED ENTRIES, OR ANY COMPUTER, ONLINE SERVICE, COMMUNICATIONS OR OTHER TECHNICAL MALFUNCTIONS THAT MAY OCCUR. ALL ENTRANTS ACKNOWLEDGE THAT THE SPONSORS, THEIR PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, AGENCIES, ASSIGNS AND/OR ANY OTHER PERSON OR ENTITY ASSOCIATED WITH THE SWEEPSTAKES MAKE NO WARRANTY OF ANY NATURE, EXPRESS OR IMPLIED WITH RESPECT TO THE GRAND PRIZE, WHETHER FOR FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, DESCRIPTION OR NATURE OF THE PRIZE OR OTHERWISE. ALL ENTRANTS, BY ENTERING THE SWEEPSTAKES, AGREE TO BE BOUND BY THE ABOVE RULES. RULES/WINNER LIST: For additional information regarding the Official Rules or to obtain a Winner list, available after September 30, 2008, send a self-addressed stamped envelope to: Uptown Magazine, 113 W. 125th Street, 2nd Floor, Attn: “Uptown Get Away Sweepstakes”. Please specify Rules, Winner List or other reason for inquiry. Vermont and Washington residents may make this request without a self-addressed stamped envelope. |
