Official Rules: Forbrain Holiday Sweepstakes
All persons entering the ADDitude magazine subscription sweepstakes agree to the following rules.
ADDITUDE SUBSCRIPTION SWEEPSTAKES
Enter the Sweepstakes Here
Sponsor: The Forbrain Holiday Sweepstakes (“Sweepstakes”) is sponsored by New Hope Media, LLC d/b/a ADDitude, 108 W. 39th St. Suite 805, New York NY 10018 (“Sponsor”).
Sweepstakes Entry Period: The Sweepstakes starts at 12:00:01 AM Eastern Time (“ET”) on 10/26/18 and ends at 11:59:59 PM ET on 11/30/18 (“Sweepstakes Entry Period”).
Eligibility: Sweepstakes open only to legal residents of the 50 United States or the District of Columbia 18 years of age or older at time of entry. Employees of Sponsor, officers, and directors of Sponsor — and members of their immediate families (spouse, parents, siblings and children) or households — are not eligible to participate. Sweepstakes is subject to all applicable federal, state and local laws and regulations. Void where prohibited by law.
How to enter: During the Sweepstakes Entry Period submit your comment answering the question, “What is on your (or your child’s) holiday wish list this year?” using the online submission form found at https://www.additudemag.com/enter-to-win-forbrain-2018/. The materials and information submitted are collectively referred to as an “Entries(ies)” and the individual(s) submitting an Entry is the “Entrant(s)”. Only 1 Entry may be submitted per person/email. In the event of any dispute regarding any Entry, or element thereof, Sponsor reserves the right to disqualify that Entry or Entrant from the Sweepstakes. Receipt of Entries will not be acknowledged or returned.
Requirements of Entries: Your Entries must meet the following requirements and by entering you represent, warrant and agree that:
• The Entry you submit was created by you or you have the right to use or have received prior permission from any individual involved in the creation of the Entry (“Third Party Participant”) and you have the right to use the Entry, and all elements of the Entry, and can grant the License granted herein;
• The Entry does not mention [or contain] any prominent use of third party trademarks, trade names, brands or logos;
• The Entry must be primarily in English
• The Entry does not defame or otherwise violate the rights of any third party; and
• The Entry cannot be offensive or contain any elements such as nudity, graphically violent imagery, sexually suggestive imagery, or be explicitly racial, profane, slanderous or depict alcohol or gambling or be contrary to the interests of Sweepstakes or Sponsor, as determined in the sole discretion of the Sponsor.
Licensed Rights: Entrants retain ownership of the Entries submitted in this Sweepstakes. However, by entering you grant Sponsor and any organizations affiliated with Sponsor, the perpetual, fully-paid, irrevocable, exclusive license to reproduce, prepare derivate works of, distribute, display, exhibit, transmit, broadcast, digitize, otherwise use, and permit others to use and perform throughout the world the Entry, and any elements thereof, in any manner, form, or format now or hereinafter created and for any purpose, including, but not limited to, advertising or promotion, including on Sponsor’s websites, and social media platforms owned or managed by Sponsor, all without further consent from or payment to you, a Third Party Participant, or any other person or entity (“License”). The Entry may be published and posted online but you agree that Sponsor has no obligation to post or publish your Entry, that all such postings or publication, if any, will be in Sponsor’s sole discretion and that the posting or publication of a Entry has no bearing on whether that Entry will be selected as a winner. You will hold harmless Sponsor, its officers, directors, employees, divisions, affiliates, subsidiaries, advertising and promotional agencies, from any claim by any third party relating to any rights in the Entries you submit.
Selection of Winner: [One (1)] potential winner will be selected in a random drawing from all eligible entries received during the Sweepstakes Entry Period. The drawing will take place on or about 12/3/18. The drawing will be conducted by Sponsor, whose decision is final and binding in all matters relating to this Sweepstakes. The odds of winning are determined by the number of eligible Entries received.
Winner Notification. The potential winner will be notified via the email they provided at entry. If a potential prize winner does not respond to the winner notification within 72 hours, or if the mail is undeliverable, if an entrant is otherwise found to be ineligible, or if the selected winner cannot accept or receive the prize for any reason, the potential prize winner will forfeit the applicable prize and an alternative winner will be selected. Acceptance of prize constitutes permission (except where prohibited by law) to use each winner’s name, prize won, city and state where winner is located and likeness for promotional purposes without further compensation. Limit: one prize per person/household.
Prize: There will be 1 prize awarded: a Forbrain unit valued at $299. Winner is responsible for all local, state and federal taxes if any. No substitution permitted or cash equivalent, except in the sole discretion of the Sponsor. Prize will be awarded to the individual who submitted an Entry; it is transferrable upon request. Limit: one prize per person/household. Sponsor will be sending winner the prize to the address provided upon notification of win.
Conditions: By participating, Entrants agree to be bound by the Official Rules of this Sweepstakes and the decisions of the Judges which are final and binding. The Sponsor reserves the right, in its sole discretion to reject or disqualify any Entry that is deemed ineligible or for any reason that the Sponsor feels is necessary and/or appropriate, including without limitation, if that Entrant has not complied with the Official Rules or has interfered, in Sponsor’s sole opinion, with the proper conduct of the Sweepstakes. Entrants on their behalf, and on behalf of their respective heirs, executors, administrators, legal representatives, successors and assigns (“Releasing Parties”), release, defend and hold harmless the Sponsor, and its employees, officers, directors and agents (“Released Parties”), from any and all claims, lawsuits, judgments, causes of action, proceedings, demands, fines, penalties, liability (including, but not limited to, liability for defamation, libel, slander, invasion of privacy, infringement of publicity or any intellectual property rights, any property loss, damage, personal injury, bodily injury, death, expense, accident, delay, inconvenience or irregularity, and any indirect, incidental, consequential, special, punitive or exemplary damages of any kind (even if the parties have been advised of the possibility of such loss or damages), costs and expenses (including, without limitation, outside attorneys’ fees) that may arise in connection with: (a) the Sweepstakes, including but not limited to any Sweepstakes-related activity or element thereof, and the Entrant’s Entry, participation or inability to participate in the Sweepstakes or use or misuse of any prize, (b) the violation of any third party privacy, personal, publicity or proprietary rights, (c) typographical errors in these Official Rules or any Sweepstakes materials, (d) acceptance, receipt, delivery of, possession, defects in, use, non-use, misuse, inability to use, loss, damage, destruction, negligence or willful misconduct in connection with the use of a prize (or any component thereof), (e) any change in the prizing (or any components thereof) due to unavailability, business or creative considerations, or due to reasons beyond Sponsor’s control, including but not limited to by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened or actual terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ control, or as otherwise permitted in these Official Rules, (f) any interruptions in or postponement, cancellation, or modification of the Sweepstakes, (g) human error, (h) the failure of any third party to comply with the instructions and proper administration of this Sweepstakes (i) incorrect or inaccurate transcription, receipt or transmission of any part of the Entry (including, without limitation, the information or any parts thereof), (j) any technical malfunctions or unavailability of any website, app, social media platform or any telephone network, computer system, computer online system, computer timing and/or dating mechanism, computer equipment, software, or Internet service provider, or mail service utilized by any of the Sweepstakes Entities or by an entrant, (k) interruption or inability to access the Sweepstakes, any website, app, social media platform or any online service via the Internet due to hardware or software compatibility problems, (l) any damage to Entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of the Sweepstakes, (m) any lost/delayed data transmissions, omissions, interruptions, defects, and/or any other errors or malfunctions, (n) any late, lost, stolen, mutilated, misdirected, illegible, delayed, garbled, corrupted, destroyed, incomplete, undeliverable or damaged Entries, (o) any wrongful, negligent, or unauthorized act or omission on the part of any of Sponsor, or any of its agents or employees, (p) lost, late, stolen, misdirected, damaged or destroyed prizing (or any element thereof), (q) the collection, use and/or sharing of Entrant’s personally identifiable information by Sponsor or its designees, or (r) the negligence or willful misconduct by Entrant. Sponsor reserves the right to permanently disqualify from any Sweepstakes it sponsors any person it believes has intentionally violated these Official Rules and terminate the Sweepstakes if it becomes technically corrupted (including if a computer virus or system malfunction inalterably impairs its ability to conduct the Sweepstakes), or to select the winner from among all eligible Entries received prior to termination. If Sponsor at any time receives a complaint (including but not limited to a cease and desist letter, general letter of complaint etc.) alleging intellectual property infringement or any other violation of any third party right pertaining to any element of an Entry Sponsor reserves the right to disqualify the Entry. By participating, Entrant acknowledges that Sponsor, does not waive any rights to use similar or related ideas that might be contained in an Entry which is otherwise not protected by law or was previously known to Sponsor or developed by their respective employees, or obtained from sources other than the Entrant. In the event of a dispute as to who an entrant is, the authorized account holder of the email address used to register on Facebook will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. The potential winner may be required to show proof of being the authorized account holder.
Disputes; Governing Law. The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Any controversy or claim arising out of or relating to these Official Rules and/or the Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the State of New York. THESE OFFICIAL RULES AND THE INTERPRETATION OF ITS TERMS SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT REGARD TO ITS CONFLICTS OF LAWS RULES. For any matters which are not subject to arbitration as set forth in these Official Rules and/or in connection with the entering of any judgment on an arbitration award in connection with these Official Rules and/or the Sweepstakes, the parties irrevocably submit and consent to the exclusive jurisdiction and venue of the state and federal courts located in the Count of New York, State of New York. The parties agree not to raise the defense of forum non conveniens.
Limitation of Liability; Disclaimer of Warranties. IN NO EVENT WILL THE RELEASED ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO AND/OR USE OF ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES AND/OR DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY SITES OR APPS ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of any such provision.
Winner’s list: For the names of the winner (posted online and available within 30 days after the Sweepstakes ends), mail a self-addressed, envelope to “Forbrain Holiday” Sweepstakes c/o ADDitude, 108 W. 39th St. Suite 805, New York NY 10018 no later than 60 days after the Sweepstakes ends.