Terms and Conditions
NO PURCHASE NECESSARY TO ENTER OR WIN.
Odds of winning depend upon the number of eligible Entries (defined below) received. Sweepstakes is subject to all applicable federal, state and local laws
1. Eligibility: The Elizabeth Street New City Guides Sweepstake
Sweepstake (the “Sweepstake”) is open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) U.S. or District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are twenty-one (21) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Void where prohibited by law. Employees and members of their immediate families and households of Elizabeth Media Street, LLC (“Sponsor”), its subsidiaries, affiliated companies, distributors, retailers, advertising and promotion agencies, electronic media firm, and anyone involved in the production, development or handling of this Sweepstake are not eligible to participate to the Sweepstake. By entering the Sweepstake participants agree to be bound by the terms of these Official Rules and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Sweepstake.
2. Sweepstake Period: Entry into Sweepstake begins at 12 p.m. on June 13, and ends at 11:59 p.m. on June 18 (“Sweepstake Period”). All times are Eastern Time. Sponsor’s computer shall be the official timekeeper for all matters related to this Sweepstake.
3. How to Enter: In order to enter the Sweepstake you must follow these Official Rules and any on-screen instruction that appear on the Sweepstake Website. If you fail to follow these Official Rules or the on-screen instructions that appear on the Sweepstake Website, your name will not be included in the Sweepstake by the Sponsor.
To enter the Sweepstakes, during the Sweepstakes Period go to www.twitter.com, (“Twitter Site”) and (1) if you already have a Twitter account, log on using your Twitter user name and password, or (2) if you do not already have a Twitter account, create a Twitter account according to the instructions on the Twitter Site. Please note that you must agree to comply with the Twitter Terms of Use in order to create a Twitter account. Then go to www. twitter.com/ElizabethStMom (“Sweepstake Website”). Complete the requested information on the Sweepstake Website and tweet the best kept secret about your home city at @ElizabethStMom with the hashtag #ESCityGuides to enter the Sweepstake (“Entry”). Each Tweet will constitute one (1) Entry into the Sweepstake.
Limit of one Entry per person, home address, Twitter account or email address per sweepstakes period, however each entry must be unique. Online participants must be the authorized account holder of the twitter account from which the Entry is made.
Normal time, toll, connection text and usage rates, if any, charged by your phone service provider or Internet service provider will apply.
Entries may not include: (a) any copyrighted material including but not limited to images, copy, trademarks, logos, or trade dress (such as distinctive building exteriors), look-alikes of celebrities or other public or private figures living or dead, or profanity, nudity or material deemed offensive to the judges; (b) third party trademarks which suggest affiliation with any trademark owner without permission of such owner or that dilute the value of any trademark; (c) act which is dangerous or harmful to person or property or suggests/depicts any person to undertake a dangerous activity; or (d) obscene, indecent, violent, sexually explicit, abusive, discriminatory, racially inflammatory or other morally or legally objectionable depictions of material, in the opinion of the judges or the Sponsor. If an entry includes any of the prohibited elements listed above, the entry will be disqualified, along with the participant who submitted it. Once submitted, an entry cannot be modified.
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. In case of a dispute over the identity of an participant, the authorized account holder of the Twitter account used to enter will be deemed to be the participant. “Authorized account holder” is defined as the person who is assigned to a Twitter account by the Twitter Site. Entry constitutes permission (except where prohibited by law) to use participant’s name, Twitter user 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.
Sweepstakes is subject to all applicable federal, state and local laws
[IF APPLICABLE] BY ENTERING THIS SWEEPSTAKES, EACH PARTICIPANT ACKNOWLEDGES THAT HIS OR HER FIRST NAME, LAST INITIAL AND HOMETOWN MAY BE ANNOUNCED ONLINE OR OTHERWISE. PARTICIPANT FURTHER HEREBY ACKNOWLEDGES AND AGREES THAT: (i) THE PARTICIPANT HAS OPTED-IN TO ELIZABETH STREET WEBSITE PRIVACY POLICY LOCATED AT https://www.elizabethstreet.com/node/93 TERMS AND CONDITIONS OF USE LOCATED AT https://www.elizabethstreet.com/living/visit-atlanta-our-new-city-guide(ii) BY OPTING-IN, THE PARTICIPANT HAS READ AND CONSENTS TO ELIZABETH STREET WEBSITE PRIVACY POLICY LOCATED AT https://www.elizabethstreet.com/node/93 AND TERMS AND CONDITIONS OF USE LOCATED AT https://www.elizabethstreet.com/living/travel-san-francisco-with-our-new-city-guide EACH PARTICIPANT FURTHER ACKNOWLEDGES THAT IF S/HE IS CHOSEN AS AN ACTUAL PRIZE RECIPIENT, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES (AT LEAST AS REQUIRED BY LAW), INCLUDING, WITHOUT LIMITATION, ON AN ONLINE PAGE LISTING PRIZE RECIPIENT.
PARTICIPANTS AGREE TO BE BOUND BY THE OFFICIAL RULES AND THE DECISIONS OF THE SPONSOR AND TO RELEASE AND HOLD HARMLESS SPONSOR, ITS RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, ADVERTISING, PROMOTION, DIRECTORS, OFFICERS, PRIZE SUPPLIERS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY LIABILITY WHATSOEVER FOR ANY CLAIMS, COSTS, INJURIES, LOSSES OR DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH PARTICIPATION IN THE SWEEPSTAKE, OR THE DOWNLOADING, ACCESSING OR SUBMISSION OF ENTRY MATERIALS.
4. Use of Entries: Eligible Entries become property of Sponsor and none will be returned or acknowledged except as provided herein. In any event, upon submission of an Entry participant grants Sponsor and its agents an unlimited, worldwide, perpetual and right to publish, use, edit, adapt, modify and/or publicly display the entry (or any f its elements such as pictures, photographs, movies, paintings) in any way, both for editorial use and for any commercial, promotional, endorsement, advertising or merchandising use, in any and all media worldwide now known or hereinafter developed, without limitation and without notice or consideration of the participant. By submitting an entry, each participant in the Sweepstake (or, upon consent of his/her parent or legal guardian if participant is considered a minor in his/her state of residence) further agrees that his/her entry constitutes an assignment of all rights, including but not limited to intellectual property rights, and title in and to such entry and the photograph therein to Sponsor.
5. Winner Selection: The potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsor from all eligible Entries received during the Sweepstakes Period. There will be one (1) winner of the Prize. Odds of winning a prize depend on the number of eligible entries received.
6. Prize: There will be one (1) prize (“Prize”) awarded to Winner. Prize will consist of a $250.00 American Express Gift Card Actual Retail Value (“ARV”) of Prize $250.00. Prize will be mailed to winner. Any expenses not mentioned above and related to the Prize remains Winner responsibility. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation, security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.
Each prize is awarded “as is” with no warranty or guarantee, either express or implied, outside of any limited warranty provided by manufacturer. No transfer, assignment, or substitution of a prize permitted, except Sponsor reserves the right to substitute for prize an item of equal or greater value in the event an advertised prize is unavailable.
7. Winner Validation: Winners will be determined and notified on or around May 29th by the Sponsor whose decisions are final on all aspects of the Sweepstake. Sponsor will make two (2) attempts to notify potential Winner via direct message to potential Winner’s Twitter account in order to obtain potential Winner’s mailing address or other personal information Winners may be required to complete an Affidavit of Eligibility and Liability/Publicity Release (“Affidavit”) that must be returned via mail within fourteen (14) days of the date and time of notification or prize will be forfeited and a runner-up will be determined. Please allow two days after verification of winner eligibility for acknowledgement and notice of timing for prize delivery. You are not a certified winner until your eligibility is verified and you receive official notification from the Sponsor.
Participants must fill out all the information requested and have a valid Twitter account, e-mail address, and it is participant’s responsibility to update Sponsor of any change in e-mail address.
8. Conditions: By participating in the Sweepstake, each participant (i) agrees to release and hold Sponsor, its parent, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Sweepstake or misuse, nonuse or use of any Prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorneys’ fees or any damages other than actual out-of-pocket costs incurred to enter; (iii) 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; (c) if selected as a Winner, to the posting of such participant’s name and/or Twitter user name on the Sweepstake Website and the use by Released Parties of such participants 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 Sponsor, which are binding and final.
Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’ sole discretion.
Sponsor and Released Parties are not responsible for incomplete, lost, late, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries or referrals; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate.
Sponsor reserves the right in its sole discretion, to cancel, modify, or suspend the Sweepstake or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules), or to disqualify any implicated participant(s), (and their entries) if any fraud, virus, actions by participants, technical or other error or problem, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstake, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at their sole discretion, to award the prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this Sweepstake is cancelled prior to the stated end date, a notice will be posted at www.elizabethstreet.com.
Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error relating to or in connection with the Sweepstake, including, without limitation, errors which may occur in the administration of the Sweepstake, the processing of entries, the announcement of the prize or in any Sweepstake-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstake. 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 or other “force majeure” event will not be considered a breach of these Official Rules.
Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
9. DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. 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.