OFFICIAL
RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL
NOT INCREASE YOUR CHANCES OF WINNING
2.
Winner Notification: Winner will be notified
within one (1) month 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 five (5)
business days 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(s) of the Winner(s), send a separate
self-addressed, stamped envelope to Hertz Popular Mechanics Sweepstakes 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 person for Sweepstakes.
Multiple entries from the same person 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 have reached the age
of majority (specifically, this is age 18 in all
U.S. states and the District of Columbia, except in Alabama, Delaware and
Nebraska, where it is 19, and Mississippi, where it is 21) in their
state or territory of residence at time of entry. Legal residents of Canada
(excluding Quebec) who have reached the aforementioned age in their province of
residence at time of entry are also eligible to enter. Void in Puerto Rico and where
prohibited by law. Employees of Sponsor,
its parents, affiliates and subsidiaries, participating advertising and
promotion agencies, independent judging organizations, 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. No transfer, assignment or
substitution of a prize permitted, except Sponsor reserves 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,
provincial, if Canadians are eligible to enter, 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 (or, if a minor, in the name of the minor) 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 (and parent or legal guardian if Winner
is a minor) may be required to sign and return an Affidavit of Eligibility, a
Liability Release and where legally permissible a Publicity Release within seven
(7) days 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
seven (7) 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, 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.
6. REPRESENTATIONS AND WARRANTIES /
INDEMNIFICATION: By participating in the Sweepstakes, entrant warrants and
represents that his/her entry is original to the entrant, has not been
previously published or won any award, and does not contain any material that
would violate or infringe upon the rights of any third party, including
copyrights (including, without limitation, copyrighted images or footage),
trademarks or rights of privacy or publicity. Modification of an existing image
does not count as original for purposes of this Sweepstakes. The entrant
further warrants and represents that entrant has all appropriate clearances,
permissions and releases for the entry, including releases from all persons
appearing in the photograph, location releases for all recognizable locations,
and releases from anyone who assisted in the creation of the photograph. The
entrant must be able to provide on request all appropriate clearances, permissions
and releases for the entry, including releases from all persons appearing in
the photograph, location releases for all recognizable locations and releases
from anyone who assisted in the creation of the photograph. The image must not
contain any personally identifiable information of any person. Excepting those
of Sponsor, the image must not contain or reference any names, products or
services of any company or entity or any third party trademarks, logos, trade
dress or promotion of any brand, product or service. If any person appearing in the image is under
the age of majority in their state of residence, the written consent and
signature of a parent or legal guardian is required. At Sponsor’s request, and
in its sole discretion, Entrants may be required to execute an assignment and
release transferring all rights and ownership of their image to Sponsor, the
form of such assignment to be determined by Sponsor. In the event an entrant
cannot provide all required releases, Sponsor reserves the right, in Sponsor’s
sole discretion, to disqualify the applicable entry or seek to secure the
releases and clearances for Sponsor’s benefit. The photograph may not feature
nudity or obscene language or material that is libelous or defamatory. Each
entrant hereby agrees to indemnify and hold the Sweepstakes entities harmless
from and against any and all third party claims, actions or proceedings of any
kind and from any and all damages, liabilities, costs and expenses relating to
or arising out of any breach or alleged breach of any of the warranties,
representations or agreements of entrant hereunder. Sponsor reserves the right
in its sole and unfettered discretion to disqualify any entry that it believes
contains obscene, offensive or inappropriate content, that does not comply with
these Official Rules or that is not consistent with the spirit or theme of the
Sweepstakes. Entries that do not comply with the above requirements may not be
eligible, and, if submitted, may be removed at any time in Sponsor’s sole discretion.
By participating in the Sweepstakes, each entrant unconditionally accepts and
agrees to comply with and abide by these Official Rules and the decisions of
Sponsor, which shall be final and binding in all respects.
7.
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.
8.
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. New York State law,
without reference to New York’s choice of law rules, governs the Sweepstakes and
all aspects related thereto.
9.
SPONSOR: The Sponsor of this Sweepstakes is Hearst Communications,
Inc., 300 W. 57th Street, New York, NY 10019.