ELLE BEYONCÉ FORMATION TOUR SWEEPSTAKES
(the “Sweepstakes”)
OFFICIAL RULES
NO
PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT
INCREASE YOUR CHANCES OF WINNING. ALL ENTRANTS MUST BE 18 YEARS OF AGE OR
OLDER, OR THE AGE A MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER, AND A
LEGAL RESIDENT OF THE 48 CONTIGUOUS UNITED STATES AND THE DISTRICT OF
COLUMBIA. ODDS OF WINNING WILL DEPEND
UPON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID IN PUERTO RICO, ALASKA, HAWAII, AND
WHERE PROHIBITED BY LAW.
AS A CONDITION OF WINNING THE PRIZE, THE WINNER MUST BE
AVAILABLE FOR TRAVEL ON JUNE 7-9, 2016.
1.
HOW TO ENTER: Go to elle.com/beyonceformation
starting March 31, 2016, at 12:01 AM (ET), ending May 1, 2016, at 11:59 PM (ET)
(the “Sweepstakes Period”), on a computer or wireless device and complete and
timely submit the entry form pursuant to the onscreen instructions. Important
Notice: You (the “Entrant”) acknowledge and agree that normal Internet access,
phone and usage charges imposed by your online, phone or similar providers may
apply to participate in the Sweepstakes and accept the Prize. 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.
2.
ELIGIBILITY: Open only to legal
residents of the forty-eight (48) contiguous U.S. states and the District of
Columbia, who are at least eighteen (18) years of age or the age of majority in
their jurisdiction, whichever is greater, at the time of entry. Void in Puerto
Rico, Alaska, Hawaii and where prohibited by law. Employees of Hearst
Communications, Inc. and their respective 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 household of
each such employees whether legally related or not) are not eligible.
3.
WINNER/PRIZES AND APPROXIMATE RETAIL VALUE: One (1) winner (the “Winner”) will win a
three (3)-day/two (2)-night trip from June 7-9, 2016, for Winner and guest to
New York, New York, to see Beyoncé in concert during The Formation World Tour,
scheduled for June 8, 2016, at Citi Field in Flushing, New York. The Winner’s
guest must be at least eighteen (18) years of age or the age of majority in his
or her jurisdiction, whichever is greater, at the time of entry. The Prize (defined below) includes: (i)
round-trip coach air transportation for two (2) people (Winner and guest) from a
major airport nearest Winner’s residence to a New York City-area airport (ARV:
$1,500, which may vary depending on the location of the Winner’s residence);
(ii) hotel accommodations for two (2) nights in New York, NY (standard room,
double occupancy; hotel chosen at Sponsor’s sole discretion) (ARV: $1,000);
(iii) a Five-Hundred Dollar ($500) check made payable to the Winner (which may
be used during trip for ground transportation, meals, or otherwise at Winner’s
discretion) (ARV: $500); and (iv) two (2) tickets to see Beyoncé in concert
during The Formation World Tour, scheduled for June 8, 2016, at Citi Field in
Flushing, New York (ARV: $750). Total approximate retail value for all prizes
awarded: $3,750.00 USD (collectively, the “Prize”). Any difference between the
stated ARV and the actual value of the Prize will not be awarded in any
form.
Hotel accommodations
are at Sponsor’s discretion, subject to availability, and blackout dates may
apply. If, in the judgment of Sponsor,
air travel is not required due to Winner’s proximity to New York, New York,
ground transportation will be substituted for roundtrip air travel at Sponsor’s
sole discretion and no additional compensation will be provided. Winner and Winner’s guest must promptly
provide Sponsor with all information and/or documentation that it requests for
it to make the travel and hotel arrangements. Arrangements must be made at least ten (10)
days prior to departure. Once scheduled,
the itinerary cannot be altered and failure of Winner or Winner’s guest to
follow such a schedule shall not obligate Sponsor in any way to provide the
Winner or Winner’s guest with alternate arrangements. In the event the Winner
is unable to attend the Beyoncé concert, currently scheduled for June 8, 2016,
in Flushing, New York, then Winner will have to forfeit the entire Prize, and
the Sponsor will have the right to select another Winner. In the event the Beyoncé concert scheduled
for June 8, 2016, in Flushing, New York is cancelled or postponed for any
reason, Sponsor reserves the right to award the remainder of the Prize with no
further obligation to the Winner. Winner and his or her guest will be solely
responsible for all meals, incidental expenses, tips and gratuities, income and
other taxes, ground transportation, and all other costs and expenses not
otherwise specified herein. All travelers must possess valid travel documents.
The travel companion of Winner must execute an Affidavit of
Eligibility/Publicity/Liability Release within two (2) days (i.e. 48 hours)
following the date of first attempted notification to Winner. If a Winner is
unable to travel on the dates specified above, the Prize will be forfeited and an
alternate Winner will be selected.
4.
WINNER SELECTION: The potential Winner will be selected on or about May 2, 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 ELLE Magazine,
whose decisions are final and binding.
Sponsor’s server and computer clock is the official time-keeping device
and its decisions are final and binding. Odds of winning will depend upon the total
number of eligible entries received.
5.
WINNER NOTIFICATION: The potential Winner
will be notified via phone or e-mail, at Sponsor’s discretion, using the
information provided in the Winner’s entry form, on or about May 2, 2016. In the event the potential Winner does not
respond to Sponsor’s notification or does not accept the Prize within two (2)
business days of notification, the Prize will be deemed forfeited and an
alternate Winner will be selected. In the event a potential Winner fails to
respond as stated above, or declines the Prize, such potential Winner will be
deemed to forfeit the Prize, and Sponsor will select an alternate potential Winner
from the remaining eligible entrants. If any alternate potential Winner similarly
fails to respond or declines the Prize, Sponsor will use a reasonable number of
attempts, in its discretion, to award the Prize to another alternate, but if it
is unable to do so, the Prize will be finally forfeited, and Sponsor shall have
no further liability in connection with this Sweepstakes.
6.
ENTRIES: There is a limit of
one (1) entry per person (and per email address) each day during the
Sweepstakes Period. Multiple entries
from the same person or email 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. Entrants must have a 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.
7.
CONDITIONS OF PARTICIPATION: Expenses not specifically included in Prize
description and all taxes are the sole responsibility of the Winner. The Prize is awarded “as is” with no warranty
or guarantee, either express or implied outside of manufacturer's limited
warranty. No transfer, assignment or
substitution of the Prize (or any portion thereof) permitted, except Sponsor
reserves the right to substitute the Prize (or any portion thereof) 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. The actual retail value of the Prize is $600 or
more, and therefore the Winner must complete a W9 form and supply Sponsor with
his/her social security number for tax purposes, at least ten (10) days prior
to departure. An IRS Form 1099 will be
issued in the name of the Winner for the actual value of the Prize received.
Sponsor shall have no responsibility or obligation to the Winner or potential
Winner, or his or her guest, who are unable or unavailable to accept or utilize
the Prize, or any portion thereof, 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 and Winner’s guest will be required to
sign and return an Affidavit of Eligibility, a Liability Release and where
legally permissible a Publicity Release within two (2) days (i.e. 48 hours)
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) 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 and alter the images submitted and to allow Sponsor, any of its affiliates
and subsidiaries, participating advertising and promotion agencies, and Prize
suppliers to reuse and alter 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 and Winner’s guest’s name, image, voice and/or
likeness and biographical material for editorial, advertising and promotional
purposes without additional compensation, unless prohibited by law. By
accepting Prize, Winner and Winner’s guest agree to hold Sponsor, its
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.
8.
INTERNET: 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 or other emails 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 Winner from eligible entries received as of the
termination date. Sponsor further
reserves the right to disqualify any individual who tampers with the entry or
selection 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.
9.
RELEASE; LIMITATIONS OF
LIABILITY; GENERAL CONDITIONS: This Sweepstakes is
void outside the 48 contiguous United States and the District of Columbia and
where prohibited or restricted by law and subject to all applicable federal,
state and local laws and regulations. Sponsor, and their respective parents,
affiliates, subsidiaries and advertising and promotion agencies and all of
their respective officers, directors, shareholders, partnership, members,
principals, employees, agents, contractors or suppliers (collectively,
“Released Parties”) are not responsible for late, lost, stolen, damaged,
garbled, incomplete, mistyped, misaddressed or misdirected entries, emails,
mail or communications; for errors, omissions, interruptions, deletions,
defects, or delays in operations or transmission of information, in each case
whether arising by way of technical or other failures or malfunctions of
computer hardware, software, communications devices; or for transmission lines
or data corruption, theft, destruction, unauthorized access to or alteration of
entry materials, loss or otherwise.
Further, Released Parties are not responsible for electronic
communications that are undeliverable as a result of any form of active or
passive filtering of any kind, or insufficient space in Entrant’s email account
to receive email messages or insufficient space on Entrant’s computer. The use of automated software or computer
programs to register or to enter the Sweepstakes is prohibited, and any
individual who uses or attempts to use such methods to register or to enter
will be disqualified. Released Parties disclaim any liability for damage to any
computer system resulting from participation in, or accessing or downloading information
in connection with, this Sweepstakes, and Sponsor reserves the right, at its
sole discretion, to modify, cancel, terminate or suspend the Sweepstakes should
any virus, bug, technical failures, unauthorized human intervention or other
causes beyond Sponsor’s control corrupt or affect the administration, security,
fairness, integrity or proper conduct of the Sweepstakes. In the event of any
such cancellation, termination or suspension, a notice will be posted and, if
in Sponsor’s sole discretion, a potential Winner can be selected among all
eligible, non-suspect entries received prior to such time, such potential
Winner may be selected. Furthermore, if for any reason, the Sweepstakes is not
capable of running as planned, Sponsor may, it its sole discretion, cancel,
terminate, modify, or suspend the Sweepstakes. Sponsor may cancel the
Sweepstakes if there are no qualified entries from separate eligible Entrants.
Released Parties reserve the right, in their sole respective discretion, to
disqualify any Entrant (and his/her Sweepstakes entry) from this Sweepstakes or
any other promotion conducted now or in the future by Released Parties or any
of their affiliates if he/she tampers with the entry process or if his/her
fraud or misconduct affects the integrity of the Sweepstakes or if he/she
engages in any inappropriate or unacceptable behavior in connection with the
Sweepstakes. Released Parties reserve the right to correct clerical or
typographical errors in promotional materials. By participating in this
Sweepstakes, each Entrant accepts the conditions stated in these Official
Rules, agrees to be bound by the decisions of the Sponsor, warrants that he/she
is eligible to participate in this Sweepstakes and release and hold harmless
the Released Parties from and against any claim or cause of action, including,
but not limited to, personal injury, death, or damage to or loss of property,
and claims based on publicity rights, copyright, trademark, defamation or
invasion of privacy, arising out of participation in the Sweepstakes or receipt
or use or misuse of the Prize or any portion thereof. By accepting the Prize, winner agrees to
release Released Parties and their directors, employees, officers and agents,
including without limitation, its advertising and promotion agencies, from any
and all liability, loss or damages arising from or in connection with the
awarding, receipt and/or use or misuse of Prize or participation in any
Prize-related activity. All Sweepstakes participants acknowledge and agree that
normal Internet access, phone and usage charges imposed by their online, phone
or similar providers may apply in order to participate in the Sweepstakes and
accept the Prize.
IF YOU ARE A CALIFORNIA
RESIDENT, YOU WAIVE ANY AND ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF
THE STATE OF CALIFORNIA, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT
EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS
FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY
AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” You expressly waive and release any
right or benefit which you have or may have under Section 1542 of the Civil
Code of the State of California, to the full extent that you may waive all such
rights and benefits pertaining to the matters released here. In connection with
such waiver and relinquishment, you acknowledge that you are aware that you may
hereafter discover claims presently unknown or unsuspected, or facts in
addition to or different from those which you now know or believe to be true,
with respect to the matters released herein; nevertheless, it is your intention
through this release to fully and finally and forever settle and release all
such matters and claims relative thereto, which do not exist, may exist or
heretofore have existed between yourself and the Sponsor related to the
Sweepstakes. The release herein given shall be and remain in effect as a full
and complete release of such claims and matters notwithstanding the discovery
or existence of any such additional or different claims or facts relative
thereto.
These Official Rules
cannot be modified or amended in any way except in a written document issued in
accordance with law by a duly authorized representative of Sponsor. The
invalidity or unenforceability of any provision of these Official Rules shall
not affect the validity or enforceability of any other provision. In the event
that any provision is determined to be invalid or otherwise unenforceable or
illegal, these Official Rules shall otherwise remain in effect and shall be
construed in accordance with their terms as if the invalid or illegal provision
were not contained herein.
10.
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, (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. All issues and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, the rights and obligations of the Entrant and Sponsor in connection with
this Sweepstakes, and all aspects related to this 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
(whether of the State of New York or any other jurisdiction), which would cause
the application of the laws of any jurisdiction other than the State of New
York.
11.
SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications,
Inc., 300 W. 57th St., New York, NY 10019.
12.
LIST OF WINNERS: For a
copy of these rules or the Winner’s List, send a separate self-addressed,
stamped envelope to ELLE Magazine, Floor 10, ELLE Beyoncé Formation Sweepstakes
Winner’s List, Hearst Communications, Inc., 300 West 57th Street NY, NY 10019
within twelve (12) months from the end of the Sweepstakes Period (VT residents
need not affix return postage).