“SOUTH POLE & XXL CLASS SPIRIT”
SWEEPSTAKES OFFICIAL RULES
1. NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
2. HOW TO ENTER: TO ENTER THE "SOUTH POLE & XXL CLASS SPIRIT” SWEEPSTAKES, GO TO XXLMAG.COM.COM AND FILL OUT THE ENTRY FORM OR HAND-PRINT YOUR NAME, COMPLETE ADDRESS (INCLUDING ZIP CODE), AGE AND DAY AND EVENING TELEPHONE NUMBERS, AND MAIL WITH FIRST-CLASS POSTAGE AFFIXED TO “XXL Master P CD Giveaway”, 1115 BROADWAY, 8TH FLOOR, NEW YORK, NY 10010. ALL ENTRIES MUST BE RECEIVED NO LATER THAN JANUARY 30, 2009. LIMIT ONE ENTRY PER PERSON, ADDRESS OR HOUSEHOLD.
3. ELIGIBILITY: THE SWEEPSTAKES IS OPEN TO LEGAL RESIDENTS OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA, 18 YEARS OF AGE OR OLDER. EMPLOYEES OF HARRIS PUBLICATIONS, INC. (“SPONSOR”) AND SIMON AND SCHUSTER AND EACH OF THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, AND ADVERTISING AND PROMOTION AGENCIES, AND SUCH EMPLOYEES’ IMMEDIATE FAMILIES AND HOUSEHOLD MEMBERS, ARE NOT ELIGIBLE. VOID WHERE PROHIBITED. SUBJECT TO ALL APPLICABLE FEDERAL, STATE AND LOCAL LAWS AND REGULATIONS.
4. WINNER SELECTION: THE WINNER OF THE SWEEPSTAKES WILL BE SELECTED IN A RANDOM DRAWING FROM AMONG ALL ELIGIBLE ENTRIES ON FEBRUARY 9, 2009 BY DESIGNATED REPRESENTATIVES OF SPONSOR. ODDS OF WINNING IN THE SWEEPSTAKES WILL DEPEND ON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED. THE POTENTIAL WINNERS WILL BE NOTIFIED BY TELEPHONE AND/OR EMAIL AND WILL BE REQUIRED TO EXECUTE AND RETURN AN AFFIDAVIT OF ELIGIBILITY AND PUBLICITY/LIABILITY RELEASE SO AS TO BE RECEIVED BY SPONSOR WITHIN 5 DAYS OF NOTIFICATION, UNLESS PROHIBITED BY LAW. WINNER IS SUBJECT TO VERIFICATION. IF WINNER DOES NOT EXECUTE AND RETURN THE REQUIRED AFFIDAVIT AND RELEASE SO AS TO BE RECEIVED BY SPONSOR WITHIN 5 DAYS OF NOTIFICATION, PRIZE WILL BE FORFEITED AND AN ALTERNATE WINNER SELECTED.
5. PRIZES: THE FOLLOWING PRIZES WILL BE AWARDED. ONE LUCKY CLASS WILL WIN THEIR VERY OWN “2009 CLASS SHIRTS” CUSTOM-MADE BY SOUTH POLE (APPROXIMATE RETAIL VALUE: $20). TOTAL APPROXIMATE RETAIL VALUE OF ALL PRIZES: $6000 (BASED ON 300 SHIRTS). NO SUBSTITUTION. PRIZE CONSISTS ONLY OF ITEMS SPECIFIED AND ALL OTHER EXPENSES, INCLUDING WITHOUT LIMITATION ANY OTHER TRAVEL EXPENSES AND ANY TAXES ON THE PRIZE, ARE THE WINNER’S RESPONSIBILITY. PRIZE IS NOT TRANSFERABLE AND NO SUBSTITUTION OR CASH REDEMPTION IS PERMITTED, EXCEPT AT SOLE DISCRETION OF SPONSOR.
6. GENERAL TERMS AND CONDITIONS: BY ENTERING THIS SWEEPSTAKES, ENTRANTS AGREE TO ABIDE BY AND BE BOUND BY THESE OFFICIAL RULES AND THE DECISIONS OF SPONSOR, WHICH ARE FINAL AND BINDING IN ALL RESPECTS. ALL ENTRIES BECOME THE PROPERTY OF SPONSOR AND WILL NOT BE ACKNOWLEDGED OR RETURNED. BY PROVIDING YOUR E-MAIL ADDRESS, YOU GRANT SPONSOR THE RIGHT TO SEND YOU COMMERCIAL MESSAGES AND SHARE YOUR ADDRESS WITH OTHERS, UNLESS SPECIFIED OTHERWISE AS INDICATED ON THE ENTRY FORM. BY ACCEPTING PRIZE, WINNER CONSENTS TO THE USE OF HIS OR HER NAME, LIKENESS AND BIOGRAPHICAL INFORMATION, AND ALL ENTRY MATERIALS, FOR ADVERTISING AND COMMERCIAL PURPOSES WITHOUT FURTHER COMPENSATION OR CONSENT, UNLESS PROHIBITED BY LAW. ENTRANTS RELEASE, DISCHARGE AND HOLD HARMLESS SPONSOR VIVENDI AND THEIR RESPECTIVE AFFILIATES, SUBSIDIARIES, AND AGENTS, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS AND EMPLOYEES, FROM ANY AND ALL CLAIMS OR DAMAGES, INCLUDING PERSONAL INJURY AND/OR DEATH OR PROPERTY DAMAGE, ARISING OUT OF WINNER’S PARTICIPATION IN THE CONTEST AND WINNER’S ACCEPTANCE AND USE AND/OR MISUSE OF THE PRIZE AWARDED. SPONSOR AND ATLANTIC ARE NOT RESPONSIBLE FOR LOST, LATE, DAMAGED, MISDIRECTED, ILLEGIBLE, INCOMPLETE OR POSTAGE-DUE MAIL OR ENTRIES. SPONSOR IS NOT RESPONSIBLE FOR COMPUTER SYSTEM, PHONE LINE, TECHNICAL, HARDWARE, SOFTWARE, PROGRAM OR SERVER FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS; OR LOST, LATE, ILLEGIBLE, CORRUPTED, MISDIRECTED, OR INCOMPLETE ENTRIES. IN THE EVENT OF A DISPUTE CONCERNING THE IDENTITY OF AN ENTRANT, ENTRIES WILL BE DEEMED MADE BY THE AUTHORIZED ACCOUNT HOLDER OF THE E-MAIL ADDRESS SUBMITTED AT THE TIME OF ENTRY. "AUTHORIZED ACCOUNT HOLDER" IS DEFINED AS THE NATURAL PERSON WHO IS ASSIGNED TO AN E-MAIL ADDRESS BY AN INTERNET ACCESS PROVIDER, INTERNET SERVICE PROVIDER OR OTHER ORGANIZATION THAT IS RESPONSIBLE FOR ASSIGNING E-MAIL ADDRESSES FOR THE DOMAIN ASSOCIATED WITH THE SUBMITTED E-MAIL ADDRESS. ANY ATTEMPT TO DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY ENTRIES MADE BY ANY PARTICIPATING INDIVIDUAL AND SEEK DAMAGES FROM ANY SUCH PARTICIPANT TO THE FULLEST EXTENT PERMITTED BY LAW. SPONSOR IS NOT RESPONSIBLE FOR CORRUPTED ENTRIES OR TECHNICAL OR HUMAN ERRORS OR OMISSIONS OF ANY KIND RELATING TO THE SUBMISSION OR PROCESSING OR ENTRIES. IF, FOR ANY REASON WHATSOEVER, THIS SWEEPSTAKES, IN SPONSOR'S SOLE OPINION, IS NOT CAPABLE OF RUNNING AS PLANNED, INCLUDING, BUT NOT LIMITED TO, BY REASON OF INFECTION BY COMPUTER VIRUS, TAMPERING, FRAUD, TECHNICAL FAILURES, OR ANY OTHER CAUSE WHICH, IN THE SPONSOR'S SOLE JUDGMENT, CORRUPTS OF AFFECTS 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 THIS SWEEPSTAKES AND LIMIT ENTRIES TO THOSE SUBMITTED PRIOR TO THE ACTION TAKEN, OR PROCEED IN SUCH A MANNER AS MAY BE DEEMED FAIR AND EQUITABLE BY SPONSOR IN ITS SOLE DISCRETION. IN NO EVENT WILL SPONSOR OR ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, ARISING OUT OF ENTRANTS' ACCESS TO USE OF THE WEBSITE OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR ANY OTHER WEB SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
7. WINNERS LIST: THE NAME OF THE WINNER WILL BE AVAILABLE AFTER FEBRUARY 1, 2009. FOR A COPY OF THE WINNERS LIST, SEND A SELF-ADDRESSED, STAMPED ENVELOPE TO XXL MAGAZINE (MASTER P CD GIVEAWAY), 1115 BROADWAY, 8TH FLOOR, NEW YORK, NY 10010. VERMONT RESIDENTS MAY OMIT POSTAGE.