XXL Magazine Official Contest Rules
1. Eligibility: XXL Magazine Giveaways (the “Giveaway(s)”) are open only to individuals who are legal residents of the 48 contiguous states who are 18 years of age or older. Employees of Townsquare Media, Inc., their advertising or promotion agencies, those involved in the production, development, implementation or handling of Giveaways, any agents acting for, or on behalf of the above entities, their respective parent companies, officers, directors, subsidiaries, affiliates, licensees, service providers, prize suppliers any other person or entity associated with the Giveaways (collectively “Giveaway Entities”) and/or the immediate family (spouse, parents, siblings and children) and household members (whether related or not) of each such employee, are not eligible. All U.S., federal, state and local laws and regulations apply. Void in Quebec, Puerto Rico and where prohibited by law.
2. Sponsor: The sponsor of the Contest is XXLMag.com and its parent company, Townsquare Media, Inc. (the “Sponsor”) with offices at 240 Greenwich Avenue, Greenwich, CT 06830.
3. Agreement to Official Rules: Participation in the Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. Entry Period: The start and end dates/times of each Giveaway (the “Entry Period”) will be posted on the applicable Giveaway site.
5. Entry: To enter a Giveaway, follow the instructions on the Giveaway site. Submission will result in one (1) entry. The number of times you can enter the Giveaway will be posted on the applicable Giveaway site. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
6. Drawing: At the conclusion of the Entry Period, Sponsor will select the names of the potential winners in a random drawing of all eligible entries received during each Entry Period. The number of winners to be selected in a specific Giveaway will be posted on the applicable Giveaway site. The odds of being selected as a potential winner depend on the number of eligible entries received during the Entry Period. Potential winners will be contacted via email and will be asked to provide their full name, age and mailing address within a specified time period. If a potential winner does not respond within the timeframe stated in the notification email, the Sponsor may select an alternate potential winner in his/her place at random from all entries received during the Entry Period. Limit one (1) prize per household per Giveaway.
7. Requirements of the Potential Winners: Except where prohibited, the potential winners may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within seven (7) days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received.
8. Prize(s): The prize(s) (including each prize’s approximate retail value) available to be won in a specific Giveaway will be posted on the Giveaway site. No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the prize is not available for any reason as determined by the Sponsor in its sole discretion. The winners are solely responsible for any and all taxes (including without limitation federal, state and local taxes) associated with receipt or use of a prize and the reporting consequences thereof, and any other costs, fees and expenses not explicitly stated herein.
9. General Conditions: In the event that the operation, security, or administration of the Giveaway is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Giveaway to address the impairment and then resume the Giveaway in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Giveaway or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Giveaway may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In case of a dispute as to the owner of an entry, entry will be deemed to have been submitted by the authorized account holder of the screen name from which the entry is made. The authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. Release, Indemnification and Limitations of Liability: By participating in the Giveaway, entrants agree to release, indemnify and hold harmless the Sponsor and Giveaway Entities, and their respective employees, officers, directors, shareholders, agents and representatives from and against any and all claims, demands, actions, losses, costs, damages, liabilities, judgments, settlements and expenses (including without limitation reasonable attorney’s fees) (“Losses”) of any kind arising, in whole or in part, directly or indirectly, from the Giveaway, participation in the Giveaway or any Giveaway-related activity, or acceptance, possession, receipt, use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway or the processing of entries; (f) injury, death and/or damage to persons or property; or (g) claims based on publicity rights, defamation, and/or invasion of privacy. Entrant agrees to indemnify and hold harmless Sponsor and Giveaway Entities, and their respective employees, officers, directors, shareholders, agents and representatives from any and all Losses of any kind that may be asserted against or incurred by Sponsor or any Giveaway Entity at any time in connection with the entries, or otherwise relating to entrant’s participation in the Giveaway, including without limitation claims concerning the infringement upon or violation of any intellectual property or other rights. Entrant further agrees that in any cause of action, the Sponsors’ and Giveaway Entities’ liability will be limited to the cost of entering and participating in the Giveaway, and in no event shall the Sponsor or the Giveaway Entities be liable for attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
11. Disputes: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in New York. 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 Sponsors in connection with the Giveaway, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
12. Giveaway Results: To request the name of the winners, send a separate, self-addressed stamped envelope (stating the specific Giveaway you are requesting the winners for) to Townsquare Media List, c/o Townsquare Media, Inc., 240 Greenwich Avenue, Greenwich, CT 06830. Requests must be received within thirty (30) days from the end date of the applicable Giveaway.