OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
1.
How To Enter:
Cosmopolitan Universal Orlando Resort Mardi Gras Getaway (the “Sweepstakes”): To enter beginning December 1, 2015, at
12:01 AM (ET) through January 12, 2016, at 11:59 PM (ET) (the “Entry Period”), go
to cosmopolitan.com/universal on a computer or wireless device and fill out the
entry form provided. Important Notice: You may be charged for visiting the
mobile website in accordance with the terms of your service agreement with your
carrier. Please consult your wireless service provider regarding your pricing
plan. You must use a Smartphone device to participate via your mobile phone.
Not all mobile phone providers carry the necessary service to participate.
Check your phone capabilities for specific Internet instructions. If your data
usage exceeds what is allotted by your data plan, you could be subject to
additional fees by your carrier. Please contact your mobile service provider
with any questions regarding your bill. Winner Selection: Winner (individually
and collectively, the “Winner”) will be selected on or about January 13, 2016,
in a random drawing from among all eligible entries received. In the event the Sponsor does not receive any
eligible entries, the Sponsor has the right to cancel the Sweepstakes. Drawing will be conducted by Cosmopolitan
magazine, whose decisions are final. Odds
of winning will depend upon the total number of eligible entries received. Prizes & Approximate Retail Value
(“ARV”): There will be one (1) Prize
(“Prize”) awarded. Prize winner
(“Winner”) will receive a four-(4) day, three-(3) night trip for Winner and up
to three (3) guests (“Guests”) to experience Universal Orlando’s 2016 Mardi
Gras Celebration at Universal Orlando® Resort in Orlando, Florida. Prize will include round trip, coach class,
air transportation for Winner and up to three (3) Guests from a major
commercial airport near Winner’s home (as determined by Prize Provider in its
sole discretion) to Orlando, FL; three (3) nights standard hotel accommodations
(one room, quadruple occupancy, room and tax only) at Loews Portofino Bay Hotel
or at another on-site hotel (as determined by Prize Provider in its sole
discretion); non-exclusive group ground transportation to and from airport and
hotel in Orlando, FL; 3 Day Park to Park Passes for admission to Universal
Studios Florida and Universal’s Islands of Adventure theme parks for Winner and
up to three (3) Guests; admission to one (1) Blue Man Group performance (exact
date and time to be determined by Prize Provider in its sole discretion) for
Winner and up to three (3) guests; access for Winner and up to three (3) Guests
to the VIP Area at one (1) of the concerts scheduled to occur during Universal
Orlando’s Mardi Gras (specific concert, date and time to be determined by Prize
Provider in its sole discretion); and inclusion as a float rider on a Universal
Orlando’s Mardi Gras parade float for Winner and up to three (3) Guests (date,
time, and float to be determined by Prize Provider in its sole discretion). The Approximate Retail Value (“ARV”) of Prize is Four Thousand Two
Hundred and 28/100 Dollars ($4,200.28). NOTE: Trip must be taken between February 6, 2016 and April 16, 2016 to
coincide with Universal Orlando’s Mardi Gras event dates or Prize will be
forfeited and the Winner will forfeit the prize and the Sponsor will select an alternate
winner. If
Winner elects to partake in any or all portions of his/her Prize with fewer
than three (3) guests or no Guest, the Prize
will be awarded to Winner and each participating Guest and any remainder of the
Prize will be forfeited and shall not be subject to further or alternative
compensation. All elements of the Prize must be redeemed at the
same time, and no changes will be permitted, after
confirmation, of any redemption. If Winner is between the ages of eighteen
(18) and twenty-one (21), he/she must be accompanied by an adult of at least
twenty-one (21) years of age in order to check into the on-site hotel. Minor
travelling companions, if any, must be accompanied by their parent or legal
guardian. Specific travel dates and arrangements are subject to air travel,
holiday, blackout dates, and other prize and travel restrictions. Reservations
are subject to availability. Trip must be booked at least twenty (20) days
prior to intended departure date. Travel dates are subject to Prize Provider
and Sponsor approval. ARV of Prize may
vary depending upon the points of departure, ground transportation, and/or
airline fare fluctuations; any difference between stated ARV and final ARV of
Prize will not be awarded. Prize consists only of the elements expressly set
forth above; no other elements or expenses (including, without limitation,
insurance, meals, unspecified ground transportation, phone calls, gratuities,
incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such
expenses are the sole responsibility of Winner.
Winner is responsible for any air travel taxes and/or expenses,
including applicable departure taxes or fees, inspection charges, baggage fees,
and security charges. Once issued, tickets are nontransferable and may not be
reissued once travel has commenced. Open tickets may not be issued and
stopovers are not permitted. For a winner who is a Florida resident, air
transportation may be substituted with another method of transportation by Prize
Provider in its sole discretion. Travel arrangements must be made through Prize
Provider. All Prize elements must be redeemed at the same time. Once scheduled, the itinerary cannot be
altered and failure of Winner to follow such a schedule shall not obligate
Sponsor or Prize Provider in any way to provide the Winner with alternate
arrangements. All travelers must possess valid travel documents. The travel companions of Winner must execute
a Publicity/Liability Release prior to departure.
2.
Winner Notification: Winner will be notified
within ten business days of the last day of the Sweepstakes, via e-mail, and/or
at Sponsor’s discretion, via phone or postal mail. In the event the Winner
doesn’t respond to Sponsor’s notification or does not accept the prize within
one (1) business day of notification, the prize will be deemed forfeited and an
alternate Winner will be selected. In the event that any one or more potential
Winner(s) fails to respond as stated above, declines the prize or fails to
provide signed affidavits or releases, such Winner(s) will be deemed to forfeit
the prize and Sponsor will select an alternate Winner(s) from the remaining
eligible entrants. If any alternate(s) similarly fails to respond or declines
the prize, Sponsor will use a reasonable number of attempts, in its discretion,
to award the prize(s) to another alternate(s) but if it is unable to do so, the
prize(s) will be finally forfeited and Sponsor shall have no further liability
in connection with this Sweepstakes. List of Winner(s): For the name of the Winner, send a separate
self-addressed, stamped envelope to Cosmopolitan magazine, Floor 35, Cosmopolitan
Universal Orlando Resort Mardi Gras Getaway Winners’ List, Hearst Communications,
Inc., 300 West 57th Street NY, NY 10019 within two (2) months from
the Winner notification date as specified above.
3.
ENTRIES: Limit
one (1) entry per email address per day for Sweepstakes. Multiple entries from the same person on the
same day will be disqualified. Entries
become the property of the Sponsor and will not be returned. Proof of submission does not constitute proof
of receipt. If applicable, inaccurate,
lost, late, misdirected or incomplete or entry forms that have been tampered
with will be disqualified. Online
entrants must have valid email address and it is entrant’s responsibility to
update Sponsor of any change in email address.
If there is a dispute as to the identity of an online entrant, the prize
will be awarded to the authorized account holder of the email address. The “authorized account holder” is defined as
the natural person to whom the email address is assigned by an internet service
provider, online service provider, carrier, or other organization (e.g.,
business, educational institution, etc.) that is responsible for assigning the
email addresses for the domain associated with the submitted email
address.
4.
ELIGIBILITY: Open to legal residents of the 50 United
States and the District of Columbia, who are 18 years or
older in their state or territory of residence at time of entry. Void in Puerto Rico and where prohibited by
law. Employees of Sponsor, Prize
Provider, their parents, affiliates and subsidiaries, participating advertising
and promotion agencies, and prize suppliers (and members of their immediate
family and/or those living in the same of household of each such employee) are
not eligible.
5.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in prize
description and all taxes are the sole responsibility of the Winner. Each prize is awarded “as is” with no warranty
or guarantee, either express or implied outside of manufacturer's limited
warranty. If the Winner elects to
partake in only a portion of his/her prize, any remainder of the prize will be
forfeited and shall not be subject to further or alternative compensation. All
elements of the prize must be redeemed at the same time and no changes will be
permitted after confirmation of any redemption.
No transfer, assignment or substitution of a prize permitted, except
Sponsor and Prize Provider reserve the right to substitute prize for an item of
equal or greater value in the event an advertised prize is unavailable. The Winner is required to comply with any and
all applicable federal, state, and local laws, rules and regulations. All federal, state and local taxes, and any
other costs not specifically provided for in these Official Rules are solely
the Winner’s responsibility. If the actual retail value of any Winner’s prize
is $600 or more, the Winner must complete a W9 form and supply Sponsor with
his/her social security number for tax purposes. An IRS Form 1099 will be issued in the name
of the Winner for the actual value of the prizes received. Sponsor shall have
no responsibility or obligation to the Winner or potential Winner who are
unable or unavailable to accept or utilize prizes as described herein. Entrants
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 Sweepstakes. Winner may be required to sign and return an
Affidavit of Eligibility, a Liability Release and where legally permissible a
Publicity Release within one (1) business
day following the date of first attempted notification. Failure to comply with this deadline may
result in forfeiture of the prize and selection of an alternate Winner. Return of any prize/prize notification as
undeliverable may result in disqualification and selection of an alternate Winner.
Winner hereby further agrees that it will sign any documents necessary to
transfer copyright of his/her submitted entry, if applicable, to Sponsor within
two (2) business days following the date of first attempted notification. By
entering, Entrant grants permission for Sponsor, and any of its affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use the entrant’s submission (including an altered form of the
entry), if any, for editorial, advertising and promotional purposes without
additional compensation, unless prohibited by law. If images are being
submitted to Sponsor as a requirement for entry, Entrants agree that they have
all rights to use the images submitted and to allow Sponsor, any of its
affiliates and subsidiaries, participating advertising and promotion agencies,
and prize suppliers to reuse any of the images, without any liability, for
editorial, advertising and promotional purposes. Additionally, acceptance of
the prize by Winner constitutes permission for Sponsor and any affiliates and
subsidiaries, participating advertising and promotion agencies, and prize
suppliers to use Winner’s name and/or likeness and biographical material for
editorial, advertising and promotional purposes without additional
compensation, unless prohibited by law. By accepting prize, Winner agrees to
hold Sponsor, Prize Provider, their respective advertising and promotion
agencies and their respective parent companies, subsidiaries, affiliates,
partners, representative agents, successors, assigns, officers, directors, and
employees harmless for any injury or damage caused or claimed to be caused by
participation in the Sweepstakes or acceptance or use of the prize. Sponsor is not responsible for any printing,
typographical, mechanical or other error in the printing of the offer,
administration of the Sweepstakes or in the announcement of the prize.
6.
INTERNET/mobile:
Sponsor is not
responsible for electronic transmission errors resulting in omission,
interruption, deletion, defect, delay in operations or transmission, theft or
destruction or unauthorized access to or alterations of entry materials, or for
technical, network, telephone equipment, electronic, computer, hardware or
software malfunctions or limitations of any kind, or inaccurate transmissions
of or failure to receive entry information by Sponsor or presenter on account
of technical problems or traffic congestion on the Internet, at any Web site,
or via the mobile phone or any combination thereof. If for any reason the Internet or mobile
phone portion of the program is not capable of running as planned, including
infection by computer virus, bugs, tampering, unauthorized intervention, fraud,
technical failures, or any other causes which corrupt of affect the
administration, security, fairness, integrity, or proper conduct of this
Sweepstakes, Sponsor reserves the right at its sole discretion to cancel,
terminate, modify or suspend the Sweepstakes. Sponsor reserves the right to
select Winners from eligible entries received as of the termination date. Sponsor further reserves the right to
disqualify any individual who tampers with the entry process. Sponsor may
prohibit an entrant from participating in the Sweepstakes if it determines that
said entrant is attempting to undermine the legitimate operation of the Sweepstakes
by cheating, hacking, deception or other unfair playing practices or intending
to abuse, threaten or harass other entrants.
Caution: Any attempt by a participant to deliberately damage any Web
site or undermine the legitimate operation of the Sweepstakes is a violation of
criminal and civil laws and should such an attempt be made, Sponsor reserves
the right to seek damages from any such participant to the fullest extent of
the law.
7.
DISPUTES/CHOICE OF LAW:
Except where prohibited, each entrant
agrees that: (1) any and all disputes, claims and causes of action arising out
of or connected with this or any prize awarded shall be resolved individually,
without resort to any form of class action, and exclusively by state or federal
courts situated in New York, NY; provided, however, that claims for bodily
injury, personal injury, or property damage arising out of the redemption, use
or misuse of any prize must be submitted to the jurisdiction and venue of the
federal and state courts of the State of Florida, and construed and enforced in
accordance with the laws of the State of Florida; (2) any and all claims,
judgments and awards shall be limited to actual out-of-pocket costs incurred,
but in no event attorneys' fees; and (3) no punitive, incidental, special, consequential
or other damages, including without limitation lost profits may be awarded
(collectively, "Special Damages"), and (4) entrant hereby waives all
rights to claim Special Damages and all rights to have such damages multiplied
or increased. New York State law,
without reference to New York’s choice of law rules, governs the Sweepstakes and
all aspects related thereto.
8.
SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications,
Inc., 300 W. 57th Street, New York, NY 10019.
9.
PRIZE PROVIDER: Universal City Development Partners, Ltd.
d/b/a Universal Orlando Resort (the “Prize Provider”) is the Prize supplier
only in this Sweepstakes; is not a sponsor of this Sweepstakes, and is not
responsible for the administration of the Sweepstakes, the collection of the
entries or the conduct of the draws.