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OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE OR IMPROVE YOUR CHANCE OF WINNING. THE ODDS OF WINNING DEPEND UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED DURING THE SWEEPSTAKES PERIOD.
Please read the Official Rules and Regulations (“Official Rules”) of the Cosmopolitan.com “Killer Body, Killer Look” Sweepstakes (“Sweepstakes”). You must agree to accept and comply with the OfficialRules to participate in the Sweepstakes.
SWEEPSTAKES DESCRIPTION: The Sweepstakes begins at 12:01 AM Pacific Standard Time (“PST”) on September 19, 2007 and ends at 11:59 PM PST on October 19, 2007 (“Sweepstakes Period”).
ELIGIBILITY: The Sweepstakes is open only to legal residents of the fifty (50) states of the United States (excluding Rhode Island) and District of Columbia (“U.S.”) who are at least eighteen (18) years of age on the date of the Sweepstakes entry submission (“Entrant”). Employees, directors and officers and their immediate families (spouses and siblings, parents and children and their spouses) and household members (whether related or not) of the Sponsor and/or the Administrator (as each is defined below), Sony Pictures Entertainment Inc., Sony Pictures Digital Inc., Hilltop New Media Inc., and their respective parent companies, subsidiaries and affiliates, and companies involved in the implementation and execution of the Sweepstakes (collectively the "Sweepstakes Entities") are not eligible. The Sweepstakes is void in Rhode Island, Puerto Rico, and other U.S. Commonwealths, Territories and jurisdiction (including overseas military installations) and where prohibited by law.
SPONSOR: Hearst Communications, Inc., 300 W. 57th St., New York, NY 10019 (the “Sponsor”).
ADMINISTRATOR: Hearst Communications, Inc., 300 W. 57th St., New York, NY 10019 (the “Administrator”).
AGREEMENT TO THE OFFICIAL RULES: By participating in the Sweepstakes, each Entrant fully and unconditionally agrees to and accepts these Official Rules and the decisions of the Sponsor and the Administrator, which are final and binding in all matters related to the Sweepstakes. Entry into the Sweepstakes and winning any prize is contingent upon fulfilling all requirements set forth herein.
HOW TO ENTER: To enter the Sweepstakes, visit cosmopolitan.com (the “Website”) during the Sweepstakes Period, complete the online entry form with the required entry information (“Online Entry”) and submit the completed Online Entry as directed. Alternatively, you may mail a 3” x 5” postcard with your full name, mailing address (no P.O. boxes), city, state, zip code, date of birth, e-mail address (optional) and telephone number (with area code) to Cosmopolitan.com, 300 W. 57th St., Fl. 38, New York, NY 10019, Attn: Cosmopolitan.com “Killer Body, Killer Look” Sweepstakes (“Mail Entry”). All entry information is required unless indicated otherwise. ALL ONLINE AND MAIL ENTRIES MUST BE RECEIVED BY 11:59 PM PST on October 19, 2007. Limit: One (1) entry per person per email address per Sweepstakes Period. In the event more than one (1) Online or Mail Entry is received from any one person or email address per Sweepstakes Period, the first Online or Mail Entry processed will be considered the only valid entry received for that Entry Period. In the event of a dispute, Online Entries will be deemed made by the authorized account holder of the email address submitted at the time of Online Entry. The authorized account holder is the natural person who is assigned to the email address by an internet access provider, online service provider, or other organization that is responsible for assigning email addresses or the domain associated with the submitted email address. The potential winner of an Online Entry may be required to show proof of being the authorized account holder. No mechanical reproductions permitted. Sponsor is not liable for lost, late, misdirected, postage-due or corrupted Online or Mail Entries (collectively hereinafter referred to as “Entries”) whether due to a technical error or otherwise. Entries become the property of Sponsor and will not be acknowledged or returned.
WINNER SELECTION: One (1) potential Grand Prize Winner and Five (5) potential First Prize Winners will be selected in a random drawing conducted on or about November 1, 2007 from among all eligible Entries received. Drawing will be conducted by Administrator at the Administration address. The potential winners (their parent/legal guardians if potential winners are residents of a jurisdiction that deems them to be minors) will be notified by the Administrator by telephone and/or email and will be required to sign and return an Affidavit of Eligibility and a Liability Release and, except where prohibited by law, a Publicity Release Form (collectively, “Affidavit/Release”) within seven days of receipt. If a potential winner is a resident of a jurisdiction that deems him/her to be a minor, the prize will be awarded in the name of his/her parent/legal guardian who must sign and return the Affidavit/Release on behalf of the potential minor winner. The potential Grand Prize Winner (or his/her parent/legal guardian) must have the Affidavit of Eligibility and Liability Release notarized in order to qualify for the prize. Failure of the potential winner to timely return the required executed documents within the specified time period may cause the prize to be forfeited and awarded to an alternate potential winner as solely determined by Sponsor. If a potential winner cannot be notified after a reasonable effort has been exerted, a prize is refused, a prize or prize notification is returned or deemed undeliverable, or a potential winner is not in compliance with these Official Rules or is disqualified for any reason, an alternate potential winner will be selected via a random drawing. Except where prohibited by law (e.g., Tennessee) or Sponsor’s Privacy Policy, acceptance of the prize constitutes permission for Sponsor to use winner’s name, hometown, likeness, statements, and other personally identifiable information for promotional, advertising and marketing purposes in any media throughout the world without additional prize, incentive, consideration, consent, notice or review; and upon request, winner will provide written consent to such use.
PRIZES/ODDS OF WINNING:
ONE (1) GRAND PRIZE / APPROXIMATE RETAIL VALUE (ARV):
- One (1) iTrain.com Resolutions Package which includes a 1 year membership and 3 downloadable workouts per month (Approximate Retail Value (“ARV”): $79.99)
- Two (2) iTrain.com $100 gift certificates (ARV: $100.00 each)
- One (1) $500 gift certificate for cosmetics (ARV: $500.00)
- One (1) YogaForce A-Line yoga mat (ARV: $68.00)
- One (1) Resident Evil: Extinction poster (ARV: $7.50)
- One (1) Resident Evil: Extinction hat (ARV: $7.50)
TOTAL ARV of Grand Prize is: $862.99
Five (5) First Prizes:
- One (1) $25 gift certificate to iTrain.com for downloadable MP3 training sessions (ARV: $25.00)
- One (1) $25 gift certificate for cosmetics from Cosmeticsmall.com (ARV: $25.00)
- One (1) Resident Evil: Extinction poster (ARV: $7.50)
- One (1) Resident Evil: Extinction hat (ARV: $7.50)
TOTAL ARV of First Prize is: $325.00
TOTAL ARV of All Prizes is: $1187.99
The odds of winning drawing depend upon the number of eligible Entries received during the Sweepstakes Period.
GENERAL PRIZE RESTRICTIONS: A potential prize winner must take delivery of the prize within 30 days of notice of availability from the Sponsor or the prize may be forfeited and awarded to an alternate potential winner. Sponsor will be responsible for transport costs of delivering the prize to winner’s residence. Prize may not be transferred or assigned. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize in whole or in part with another prize of comparable or greater value if the intended prize or prize component is not available for any reason as determined by the Sponsor in its sole discretion. Prize winners will be responsible for all taxes (including but not limited to federal, state, local and/or income) on the prize and the Grand Prize Winner will be required to provide his/her Social Security number for tax reporting purposes and Sponsor will file an IRS Form 1099 with the Internal Revenue Service for the prize. If the Grand Prize Winner refuses to provide his/her Social Security, the Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected in accordance with these Official Rules. A potential Grand Prize Winner who refuses to provide a Social Security number will have no right to an alternate prize worth less than $600.00 in lieu of providing his/her Social Security number for the original Grand Prize. A prize winner will be required to execute an Affidavit/Release form prior to the prize being released to such winner. The execution of the Affidavit/Release by a prize winner is an explicit condition to releasing said prize; refusal by a prize winner to execute the Affidavit/Release will result in disqualification, and a new winner will be selected in accordance with these Official Rules.
GENERAL CONDITIONS / RELEASE: By participating, Entrant agrees to (a) release Sweepstakes Entities, their respective directors, officers, agents and employees from any and all liability for any claims, costs, injuries, losses or damages of any kind caused by (i) Entrant’s participation, including the unauthorized or illegal access to personally identifiable or sensitive information or the acceptance, possession, use, or misuse of a prize; (ii) any Sweepstakes Entities sponsorship or administration of the Sweepstakes; and (iii) Entrant’s and/or any third party’s use, sale or disposal of a prize; (b) acknowledge that said parties have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, expressed or implied, in fact or in law, relative to any prize or prize component (any written warranty by the manufacturer concerning the prize will be provided along with the prize). Neither Sweepstakes Entities nor any service providers are responsible for incorrect or inaccurate transcription of Entry information, or for any human or other error, technical malfunctions, lost/delayed data or voice transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Website or to complete a telephone call or facsimile transaction, or any other error or malfunction, or late, lost. postage-due or misdirected mail, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE, TAMPER WITH THE ENTRY PROCESS, OR OTHERWISE UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO COOPERATE IN THE PROSECUTION OF ANY SUCH INDIVIDUAL(S) AND TO PURSUE ALL REMEDIES TO THE FULLEST EXTENT PERMITTED BY LAW. Failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. If for any reason the Sweepstakes is not capable of being executed as planned, or infection by computer virus, bugs, tampering, unauthorized intervention, fraud, action of Entrants, technical failures or any other causes which in the opinion of Administrator and/or Sponsor, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Administrator reserves the right at its sole discretion to disqualify any suspect Entry or Entrant and/or to cancel, terminate, modify or suspend the Sweepstakes. In the event of any cancellation, termination or suspension, notice thereof will be posted at www.cosmopolitan.com. If the Sponsor decides to reconvene the Sweepstakes after a suspension, the determination of the prize winner will be made, from among all eligible, non-suspect Entries received as of the date of (and/or after, if applicable) the suspension, or in a manner that is deemed fair and equitable, as Administrator determines in its sole discretion. Entries not complying with all rules are subject to disqualification.
DISPUTES: Entrants agree that (a) any and all claims, judgments, and awards against Sponsor and/or any of the Sweepstakes Entities shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes but in no event attorneys’ fees; and (b) under no circumstances will Entrant be permitted to obtain awards against Sponsor and/or any of the Sweepstakes Entities for, and Entrant hereby waives all rights to, claim punitive, incidental and consequential damages and any other damages, other than out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, Entrant's rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of California, without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of California. BY SUBMITTING AN ENTRY, ENTRANTS AGREE THAT ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, ITS ENFORCEMENT, ARBITRABILITY OR INTERPRETATION SHALL BE SUBMITTED TO FINAL AND BINDING ARBITRATION, TO BE HELD IN LOS ANGELES COUNTY, CALIFORNIA, BEFORE A SINGLE ARBITRATOR, IN ACCORDANCE WITH CALIFORNIA CODE OF CIVIL PROCEDURE §§ 1280 ET SEQ. THE ARBITRATOR SHALL BE SELECTED BY MUTUAL AGREEMENT OF THE PARTIES OR, IF THE PARTIES CANNOT AGREE, THEN BY SELECTING AN ARBITRATOR FROM A LIST OF ARBITRATORS SUPPLIED BY JAMS (JUDICIAL ARBITRATION AND MEDIATION SERVICES). IF THE PARTIES STILL CANNOT AGREE ON AN ARBITRATOR, THE ARBITRATOR SHALL BE APPOINTED BY JAMS. THE ARBITRATION SHALL BE A CONFIDENTIAL PROCEEDING, CLOSED TO THE GENERAL PUBLIC. THE ARBITRATOR SHALL ISSUE A WRITTEN OPINION STATING THE ESSENTIAL FINDINGS AND CONCLUSIONS UPON WHICH THE ARBITRATOR’S AWARD IS BASED. THE PARTIES WILL SHARE EQUALLY IN PAYMENT OF THE ARBITRATOR’S FEES AND ARBITRATION EXPENSES AND ANY OTHER COSTS UNIQUE TO THE ARBITRATION HEARING (RECOGNIZING THAT EACH SIDE BEARS ITS OWN DEPOSITION, WITNESS, EXPERT AND ATTORNEYS’ FEES AND OTHER EXPENSES TO THE SAME EXTENT AS IF THE MATTER WERE BEING HEARD IN COURT). NOTWITHSTANDING THE FOREGOING, THE ARBITRATOR MAY REQUIRE THAT SUCH FEES BE BORNE IN SUCH OTHER MANNER AS THE ARBITRATOR DETERMINES IS REQUIRED IN ORDER FOR THIS ARBITRATION CLAUSE TO BE ENFORCEABLE UNDER APPLICABLE LAW.
Entrants further understand and agree that they shall have no right to enjoin or restrain the development, production, advertising, promotion, distribution or exploitation of the Sweepstakes, Vacancy, any other Sony Pictures Entertainment Inc. (or any of its respective parent companies, subsidiaries or affiliates) production, project or picture.
ENTRANTS PERSONAL INFORMATION: Information collected from Entrants is subject to the Cosmopolitan Privacy Policy which can be found at cosmopolitan.com/privacy-policy. Additionally, by opting-in to specific offers from any of the Sweepstakes Entities, entrant’s entry information will be subject to their respective privacy policies and terms of service and entrant agrees to receive additional email communication from those companies.
WINNER / RULES: For a complete list of winners or copy of the official rules, send a SASE to Cosmopolitan Free Stuff, 300 W. 57th St., 38th Floor, NYC, NY 10019. Requests must be received by December 1, 2007.
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