Zumanity Wedding Experience Sweepstakes
Official Rules
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C. WHO ARE 18 YEARS OF AGE OR OLDER AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE PROHIBITED.
1. ELIGIBILITY:
The ZUMANITY WEDDING EXPERIENCE Sweepstakes (the "Sweepstakes") is open only to persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are a legal resident of one of the 50 United States or the District of Columbia and who are 18 years of age or older and of the legal age of majority in the jurisdiction in which the entrant resides. Persons who as of the date of entry (and, if a winner, as of the date of prize fulfillment) are an employee of Bauer Magazine L.P. ("Sponsor") or any of Sponsor's parent companies, subsidiaries, affiliates or advertising or promotion agencies, or a member of the immediate family or household (whether or not related) of any such employee, are not eligible. Eligibility determinations will be made by Sponsor in its discretion and will be final and binding. U.S. law governs this Sweepstakes.
2. HOW TO ENTER:
The entry period for the Sweepstakes begins at 12:00 p.m. Eastern Time (ET) on 10/23/2017 and continues through 11:59 p.m. ET on 11/23/2017 (the "Entry Period"). No purchase is necessary. During the Entry Period, Sponsor will post via Sponsor's Instagram accounts (@LifeandStyleWeekly and @InTouchWeekly) one or more posts by Sponsor that are identified as being part of the Sweepstakes entry process (e.g., an Instagram post indicating that by making a comment on the post, the entrant will have the opportunity to enter the Sweepstakes) (each, a "Sweepstakes Posts"). To enter the Sweepstakes, during the Entry Period, the entrant must comment on a Sweepstakes Post. To obtain an entry, the entrant must also tag in the comment the Instagram account of the person who the entrant would marry in Las Vegas if awarded the Grand Prize. The comment must also contain such other information as Sponsor may specify in the Sweepstakes Post. The entrant must have his or her Instagram account privacy settings set to "Off" from the time of submission throughout the remainder of the Entry Period. Each Instagram comment must comply with all terms and conditions and technical requirements of Instagram, including without limitation the Terms of Use and the Community Guidelines. Entrants are prohibited from inaccurately tagging content or encouraging other Instagram users to inaccurately tag content in any Instagram post. An Instagram comment that is submitted for purposes of Sweepstakes entry is referred to in these Official Rules as a "Submission." Submitting a Submission during the Entry Period constitutes acknowledgement of and consent to these Official Rules. Each Submission must comply with all of the submission guidelines set forth in this Section 2 and in Section 3 below. Each Submission may be submitted only once. If a particular Submission is submitted more than once, Sponsor will have the right to disqualify all entrants who submitted the duplicative Submission. There is a limit of one entry per person. All entries must be completed and received by Sponsor prior to the conclusion of the Entry Period. Entry times will be determined by the timestamp attributed to the entrant's Submission by Instagram. The entrant must be the registered user of the Instagram account used to post the Submission. Normal time rates and data charges, if any, charged by the entrant's Internet or mobile service provider will apply. All entries are subject to verification at any time. Proof of submission does not constitute proof of entry. Sponsor will have the right, in its discretion, to require proof of identity and/or eligibility in a form acceptable to Sponsor (including, without limitation, government-issued photo identification). Failure to provide such proof to the satisfaction of Sponsor in a timely manner may result in disqualification.
3. SUBMISSION GUIDELINES:
Each Submission must comply with the following guidelines: (a) the Submission must be original and have been created solely by the entrant; (b) the entrant must own the copyright in the Submission; (c) the Submission must not previously have been submitted in connection with any sweepstakes or contest, published for commercial purposes or won any award; (d) the Submission must be truthful and accurate; (e) if the Submission identifies, depicts, contains or otherwise uses the Personality Rights (as defined in Section 7) of any person other than the entrant, the entrant must have prior to submitting the Submission obtained written consent from such person (or his or her parent or legal guardian, if the person is a Minor) to the use of such person's Personality Rights, as applicable, in the Submission and the use by the Licensees (as defined in Section 7) of the Submission including such person's Personality Rights, as applicable, as permitted pursuant to these Official Rules; (f) the Submission must not include any brand name, trademark or logo of any entity (other than brand names, trademarks or logos associated with Sponsor); (g) the Submission must not contain any material that violates or infringes upon the rights of any third party, including without limitation any copyright, trademark or right of privacy or publicity, or that is unlawful, in violation of or contrary to any applicable law or regulation, or the use of which by the Licensees as permitted pursuant to these Official Rules would require a license or permission from or payment to any third party; (h) the Submission must not exhibit the entrant engaging in or otherwise promote any illegal, sexually explicit, violent or dangerous behavior; (i) the Submission must not contain any material that is disparaging, defamatory, threatening, indecent, violent, obscene or offensive, or that promotes a political agenda, violence, bigotry or discrimination; and (j) the Submission must not contain any material that Sponsor, in its sole discretion, deems inappropriate for public viewing and/or display. By submitting a Submission, the entrant represents and warrants that the entrant has complied with all of the foregoing requirements and has obtained all permissions, licenses and consents that are necessary for the submission of the Submission and to the use by the Licensees of the Submission as permitted pursuant to these Official Rules and to verify compliance with the foregoing requirements. Each entrant agrees to provide to Sponsor at Sponsor's request copies of all such permissions, licenses and consents and, if requested by Sponsor, to obtain additional permissions, licenses and consents from the applicable parties in a form specified by Sponsor. Sponsor reserves the right in its sole discretion to disqualify any Submission that Sponsor determines does not comply with these guidelines or to require the entrant to make such changes to any Submission as are necessary to make it compliant.
4. WINNER SELECTION AND NOTIFICATION:
Following the conclusion of the Entry Period, one potential Grand Prize winner will be selected in a random drawing conducted by Sponsor or its agent from among all eligible entries received during the Entry Period. The odds of being selected as the potential Grand Prize winner will depend on the number of eligible entries received. The potential winner will be notified via a Direct message on Instagram (using the Instagram account that submitted the Submission), and the potential winner must respond to Sponsor's initial notification attempt within 72 hours with his or her name, email address, phone number, mailing address and such other information as Sponsor may require. The potential winner is subject to verification of eligibility and may, in Sponsor's discretion, be required to complete, sign and return to Sponsor an Affidavit of Eligibility/Release of Liability and, if legally permissible, a Publicity Release], and any other documentation provided by Sponsor in connection with verification of the potential winner's eligibility and confirmation of the releases and grant of rights set forth in these Official Rules (as applicable, "Winner Verification Documents"), within three days of attempted delivery of same. The potential winner may also in Sponsor's discretion be required to complete and return to Sponsor an IRS Form W-9 within three days of attempted delivery of same. The potential winner may also, in Sponsor's discretion, be required to have the guest who will accompany the potential winner on the trip that constitutes the Grand Prize (as described in Section 5) compete, sign and return to Sponsor a Release of Liability and, if legally permissible, a Publicity Release ("Guest Release"), within three days of attempted delivery of same. If the potential winner cannot be reached or does not respond within 72 hours of the initial notification attempt or fails to complete, sign, and return any required Winner Verification Documents or IRS Form W-9 within three days of attempted delivery of same, or fails to cause the guest who will accompany the potential winner on the trip that constitutes the Grand Prize compete, sign and return to Sponsor any required Guest Release within three days of attempted delivery of same, or if the potential winner does not otherwise comply with these Official Rules and/or cannot accept the prize as awarded for any reason, then the potential winner may be disqualified and an alternate winner may, at Sponsor's discretion, be selected from among the remaining eligible entries as specified in these Official Rules (in which case the foregoing provisions will apply to such newly-selected entrant).
5. PRIZE:
One Grand Prize will be offered. The Grand Prize consists of a three day, two night trip for the winner and one guest to Las Vegas, Nevada to get married at a special wedding ceremony and attend the Cirque Du Soleil Zumanity live show, and consists of the following: (a) round-trip coach class airfare for the winner and guest between a major airport near the winner's home and an airport near Las Vegas, Nevada selected by Sponsor; (b) a two consecutive night stay for the winner and guest at the New York-New York Hotel & Casino (one double occupancy room will be provided for the winner and guest; room rate and taxes only; size and type of room(s) determined by Sponsor); (c) a wedding ceremony for the winner and guest performed by a duly licensed Master of Ceremonies in the lobby of the Zumanity Theater, with an escort by two performers in the Zumanity show; (d) two VIP (Category A) sofa-seat tickets for the winner and guest to attend the Cirque Du Soleil Zumanity live show immediately following the wedding ceremony; (e) one professional wedding photo/video package; (f) sparkling wine toast for winner and guest; and (g) ground transfers between the airport, hotel and the Zumanity Theater. The approximate retail value ("ARV") of the Grand Prize is $5,000 USD. The exact value will depend on where the winner resides and market conditions at the time of prize fulfillment. All prize details that are not expressly specified in these Official Rules (including the specific trip dates and itinerary) will be determined by Sponsor in its discretion. Restrictions may apply. The prize will be awarded if properly claimed. No substitution, cash redemption or transfer of the right to receive the prize or any prize component is permitted, except in the discretion of Sponsor, which has the right to substitute the prize or any prize component with a prize or prize component of equal or greater monetary value selected by Sponsor in its discretion. The prize consists only of the items expressly specified in these Official Rules. All expenses or costs associated with the acceptance or use of the prize or any prize component (including, with respect to the trip component of the Grand Prize, transportation, souvenirs, incidentals, food and beverages and gratuities) are the responsibility of the winner. The prize is awarded "as is" and without any warranty, except as required by law. In no event will more than the number of prizes stated in these Official Rules be awarded. All federal, state and local taxes on the value of the prize are the responsibility of the winner. An IRS form 1099 will be issued if required by law.
6. PRIZE RESTRICTIONS:
Winner must be available to take trip by no later than May 31, 2018 on dates determined by Sponsor. If for any reason the winner is unable to travel on a date no later than May 31, 2018 approved by Sponsor, the winner will forfeit the Grand Prize without compensation and an alternate winner will be selected via a random drawing as set forth above, time permitting. All travel must be completed by May 31, 2018. The winner must provide desired trip dates to Sponsor a minimum of 14 days in advance of such dates. Trip is subject to availability. All travel dates will be determined by Sponsor, and once made may not be altered except by Sponsor. Travel and accommodation restrictions (including blackout dates) and other additional restrictions may apply. Travel arrangements must be made through Sponsor's agent and on an airline carrier of Sponsor's choice. The winner and guest must travel together on same itinerary and are responsible for obtaining all required travel documents and travel insurance (and all other forms of insurance) at their option. Sponsor has not and will not obtain or provide travel insurance or any other form of insurance for the winner or guest. No refund or compensation will be made in the event of the cancellation or delay of any flight except at the sole discretion of Sponsor. Travel is subject to the terms and conditions set forth in these Official Rules and those set forth by Sponsor's airline carrier of choice as detailed in the passenger ticket contract. Lost, stolen or damaged airline tickets will not be replaced or exchanged. Sponsor will not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any air carrier(s) or other transportation companies or any other persons providing any of these services to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies will constitute the sole contracts with respect to the winner's and guest's transportation and such contracts shall be solely between the winner, the guest and such transportation companies.
If the winner lives within 200 miles of Las Vegas, Nevada, Sponsor will have the right to provide ground transfers in lieu of air travel, and no additional air travel prize or alternative prize component will be awarded.
If the winner and/or winner's guest are not at least 21 years of age or older, then the sparkling wine toast component of the prize will not be awarded to such individual(s) and no additional or alternative prize component will be awarded.
Tickets awarded as part of the prize may not be resold, offered for resale refunded or exchanged for cash value or substitute tickets. Event dates and times are determined in the sole discretion of the event organizer and may be subject to change. The winner and guest(s) will be bound by and must comply with all applicable venue regulations (as applicable) in connection with attendance at the event.
The winner's guest must be 18 years of age or older and of the legal age of majority in the jurisdiction in which the guest resides. Sponsor is not responsible for any cancellation or postponement of any prize-related activity. In the event of cancellation or postponement of any prize-related activity, Sponsor's only obligation will be to provide a substitute prize or prizes of equal or greater monetary value selected by Sponsor in its discretion. In the event the winner and/or guest engages in behavior during any prize-related activity (including without limitation travel) that, as determined by Sponsor in its sole discretion, is obnoxious, threatening, disruptive, illegal, or tortious, or that subjects the winner or guest to arrest or detention, or that is intended to or does threaten or harass any other person, or that violates any applicable rules and regulations, or that in any way disparages or adversely affects the reputation, image and/or customer goodwill of Sponsor, or that otherwise violates these Official Rules, Sponsor reserves the right to remove the winner and/or guest from the applicable prize-related activity, deny the winner and/or guest attendance to any other prize-related activities and/or disqualify the winner from the Sweepstakes and require the winner to forfeit any and/or all prize components, with no further obligation or compensation whatsoever to the winner and/or guest and no obligation to pay any damages, fees, fines, judgments or other costs or expenses of any kind whatsoever incurred by winner or guest as a result of such conduct.
A ticket to attend the applicable Cirque Du Soleil Zumanity live performance will be required in order to attend the Wedding Ceremony. The Grand Prize does not include tickets for any persons other than the winner or guest to attend the Cirque Du Soleil Zumanity live performance. If any person other than the winner or guest wishes to attend the Wedding Ceremony, that person must obtain at his or her own expense a ticket for the Cirque Du Soleil Zumanity live performance. All Wedding Ceremony attendees must be 18 years of age or older. All expenses or costs associated with attending the Wedding Ceremony (including travel expenses to and from Las Vegas, Nevada, ground travel to and from the Wedding Ceremony, and tickets to attend the live performance of Zumanity) are the responsibility of each Wedding Ceremony attendee.
The winner and guest are responsible for obtaining a valid Marriage License from the Clark County Marriage License Bureau, and must comply with all other requirements and satisfy all conditions applicable to a marriage in Clark County, Nevada, prior to the Wedding Ceremony, and must present the marriage license upon arrival.
7. GRANT OF RIGHTS:
By entering the Sweepstakes, each entrant irrevocably grants to Sponsor and its parent companies, subsidiaries, affiliates and advertising and promotion agencies, and the successors and assigns and licensees of each of the foregoing (collectively, the "Licensees") the right to use the entrant's name, likeness, voice, biographical information and/or statements attributed to the entrant ("Personality Rights"), in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor's and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law. In addition, by submitting a Submission, each entrant irrevocably grants to the Licensees a non-exclusive license to publish, display, reproduce, modify, edit, create derivative works based on and otherwise use the Submission, in whole or part, in perpetuity, throughout the world, in all media and formats whether now or later known or developed, including without limitation via Sponsor's and third-party websites and social media and digital channels, for commercial purposes and any other purposes (including without limitation advertising and promotion), without further notice or compensation, unless prohibited by law.
8. RELEASE AND LIMITATION OF LIABILITY:
By entering the Sweepstakes, to the fullest extent permitted by applicable law, each entrant releases and agrees to hold harmless each of the Licensees, all other companies involved in the development or operation of the Sweepstakes, all other companies involved in the provision of the prize or any component of the prize, Instagram, Cirque Du Soleil and the directors, officers, employees and agents and contractors of each of the foregoing (collectively, the "Released Parties") from and against any and all claims and causes of action of any kind that the entrant ever had, now has or might in the future have arising out of or relating to the Sweepstakes, participation in the Sweepstakes, the use of Instagram, the provision, acceptance or use of any prize or any component of any prize or any use of the entrant's Personality Rights as permitted pursuant to these Official Rules, including without limitation any and all claims and causes of action: (a) relating to any personal injury, death or property damage or loss sustained by any entrant or any other person, (b) based upon any allegation of violation of the right of privacy or publicity, misappropriation, defamation, or violation of any other personal or proprietary right, (c) based upon any allegation of infringement of copyright, trademark, trade dress, patent, trade secrets, moral rights or any intellectual property right, or (d) based upon any allegation of a violation of any law, rule or regulation relating to personal information or data security. Each entrant agrees not to assert any such claim or cause of action against any of the Released Parties. Each entrant assumes the risk of, and all liability for, any injury, loss or damage caused, or claimed to be caused, by participation in this Sweepstakes, the use of Instagram, or the provision, acceptance or use of any prize or any component of any prize. The Released Parties are not responsible for, and will not have any liability in connection with, any typographical or other error in the printing of the offer, administration of the Sweepstakes or in the announcement of the prize. The Released Parties are not responsible for, and will not have any liability in connection with, late, lost, delayed, illegible, damaged, corrupted or incomplete entries, incorrect or inaccurate capture of, damage to, or loss of entries or entry information, or any other human, mechanical or technical error of any kind relating to the operation of Instagram, communications or attempted communications with any entrant, the submission, collection, storage and/or processing of entries or the administration of the Sweepstakes. The Released Parties are not responsible for, and will not have any liability in connection with any Act of God, war, terrorism, accident, fire, strike, lock-out or other labor controversy, riot, civil disturbance, act of public enemy, law, enactment, rule, restraint, order or act of any governmental instrumentality or military authority, or other cause not reasonably within their control that may delay or prevent Sponsor from fulfilling its obligations pursuant to these Official Rules.
9. GENERAL RULES:
Sponsor has the right, in its sole discretion, to modify these Official Rules (including without limitation by adjusting any of the dates and/or timeframes stipulated in these Official Rules) and to cancel, modify or suspend this Sweepstakes at any time in its discretion, including without limitation if a virus, bug, technical problem, entrant fraud or misconduct or other cause beyond the control of the Sponsor corrupts the administration, integrity, security or proper operation of the Sweepstakes or if for any other reason Sponsor is not able to conduct the Sweepstakes as planned (including without limitation in the event the Sweepstakes is interfered with by any fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or of public enemy, communications failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, federal, state or local law, order or regulation or court order) or in the event of any change to the terms governing the application or interpretation of such terms. In the event of termination of the Sweepstakes, a notice will be posted on the Website and a random drawing will be conducted to award the prize from among all eligible entries received prior to the time of termination. Sponsor has the right, in its sole discretion, to disqualify or prohibit from participating in the Sweepstakes any individual who, in Sponsor's discretion, Sponsor determines or believes (i) has tampered with the entry process or has undermined the legitimate operation of the Website or the Sweepstakes by cheating, hacking, deception or other unfair practices, (ii) has engaged in conduct that annoys, abuses, threatens or harasses any other entrant or any representative of Sponsor or (iii) has attempted or intends to attempt any of the foregoing. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY PERSON INVOLVED TO THE FULLEST EXTENT PERMITTED BY LAW. The use of agents or automated devices, programs or methods to submit entries is prohibited and Sponsor has the right, in its sole discretion, to disqualify any entry that it believes may have been submitted using such an agent or automated device, program or method. In the event of a dispute regarding who submitted an entry, the entry will be deemed to have been submitted by the authorized account holder of the email address associated with the entry in question. "Authorized account holder" means the person who is assigned an email address by an internet provider, online service provider or other organization (e.g., business, educational institute, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. An entrant may be required to provide proof (in a form acceptable to Sponsor, including, without limitation, government-issued photo identification) that he or she is the authorized account holder of the email address associated with the entry in question. The Sweepstakes may be presented in conjunction with different offers sponsored or co-sponsored by Sponsor, its affiliates and partners, and may be presented in conjunction with offers sponsored by different organizations. The Sweepstakes may be presented in different creative presentations by different organizations and under different creative titles. All federal, state and local laws and regulations apply. All entries become the property of Sponsor and will not be verified or returned. By participating in this Sweepstakes, each entrant agrees to be bound by these Official Rules and the decisions of Sponsor, which are final and binding in all respects. These Official Rules may not be reprinted or republished in any way without the prior written consent of Sponsor.
10. DISPUTES:
By entering the Sweepstakes, each entrant agrees, to the maximum extent permitted by applicable law, that (a) any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes or the provision, acceptance and/or use of the prize will be resolved individually, without resort to any form of class action (Note: Some jurisdictions do not allow restricting access to class actions. This provision will not apply to entrants who live in such a jurisdiction); (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and each entrant hereby waives all rights to claim, punitive, special, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the respective rights and obligations of the entrants 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 or provisions that would cause the application of the laws of any jurisdiction other than the State of New York. Any legal proceedings arising out of this Sweepstakes or relating to these Official Rules shall be instituted only in the federal or state courts located in New York County in the State of New York, waiving any right to trial by jury, and each entrant consents to jurisdiction therein with respect to any legal proceedings or disputes of whatever nature arising under or relating any of the foregoing. In the event of any conflict between these Official Rules and any Sweepstakes information provided elsewhere (including but not limited in advertising or marketing materials), these Official Rules shall prevail.
11. USE OF INFORMATION:
By entering the Sweepstakes, each entrant agrees that information submitted via the Website in connection with the Sweepstakes will be subject to Sponsor's Privacy Notice available at http://profile.bauerpublishing.com/privacy (the "Privacy Notice") and may be used as permitted pursuant to the Privacy Notice, and may also be used as determined by Sponsor in connection with the administration of the Sweepstakes (including winner notification and provision of winner name(s) when requested), and for purposes of providing products, services and information (e.g., newsletters) to the entrant.
12. WINNER NAMES AND RULES REQUESTS:
For the name(s) of the winner(s), available thirty days after the conclusion of the Entry Period, or a copy of these Official Rules, send a self-addressed, stamped envelope to:
Winner names requests must be received by Sponsor within six months after the conclusion of the Entry Period.
ZUMANITY WEDDING EXPERIENCE Sweepstakes
c/o Bauer Xcel Media
1460 Broadway
6th Floor
New York, NY 10036
USA.
13. SPONSOR:
Bauer Xcel MediaThe Sweepstakes is in no way sponsored, endorsed or administered by, or associated with Instagram or Cirque du Soleil.
1460 Broadway
6th Floor
New York, NY 10036
USA