Official Rules & Legal Stuff
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. MUST BE AGE 13 YEARS OF AGE OR OLDER TO PARTICIPATE OR ENTER. INTERNET ACCESS IS REQUIRED TO ENTER. SWEEPSTAKES IS OFFERED ONLY IN THE UNITED STATES, UK, IRELAND, GERMANY, FRANCE, ITALY, AUSTRALIA, NEW ZEALAND AND CANADA EXCLUDING QUÉBEC. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
SPONSOR: Big Fish Games, located at http://www.bigfishgames.com/company/index.html
1. SWEEPSTAKES. The objective is for participants to enter for a random chance to win one (1) iPad mini or (1) Apple iTunes Gift Card with an Approximate Retail Value ("ARV") of 329 USD where iPad mini is not available. Entrants should follow the entry instructions and submit their shipping information by following the instructions above. The winning entrant will win a prize as further set forth below.
3. HOW TO ENTER To enter, visit http://www.escapistmagazine.com/content/fairway-solitaire and follow the entry instructions. Entries will be accepted between 1:00 PM EST on December 4, 2012 and 17:00 PM EST on December 15, 2012. (the "Sweepstakes Period"). No other methods of entry will be accepted. Sponsors have the sole discretion to determine the valid and official entry time should any discrepancies of time occur. Each Entrant must submit their shipping information in full and pass the 13 year old age gate. No other methods of entry will be accepted. Sponsors have the sole discretion to determine the valid and official entry time should any discrepancies of time occur. You may enter the Promotion under one name and one email address only. Enter using only an email address subscribed and registered in your name. In the event of a dispute as to entries submitted by multiple individuals using the same email account, entry will be deemed to have been submitted by the authorized subscriber of the email account used to enter the Sweepstakes at the actual time of entry. The authorized email account subscriber is deemed to be the natural person who is assigned an email address by an Internet access provider, on-line service provider or other organization which is responsible for assigning email addresses or the domain associated with the submitted email address. Entries generated by script, macro, robotic, programmed, or any other automated means are prohibited and will be disqualified. All entries become the property of Sponsor.
4. ENTRY CONDITIONS. By entering, Entrant agrees (a) To be bound by these Official Rules; (b) To accept as final and binding the decisions of the Sponsors, their agents and The Escapist Staff in all matters relating to this Sweepstakes; and (c) Any entry information collected for the Sweepstakes shall be used in a manner consistent with the consent given by Entrants at the time of the entry, in accordance with these Official Rules.
5. DRAWING AND SELECTION OF WINNERS. The winners will be determined by random drawing from among all eligible entries received, and are to be held on or about December 20th, 2012. The odds of winning depend on the number of eligible entries received. The potential winners will be notified by e-mail address provided upon entry, within 15 days of the drawing. Sponsor is not responsible for and shall not be liable for late, lost, misdirected, or unsuccessful efforts to notify potential winners. The potential winners will be required to sign and return an Affidavit/Declaration of Eligibility and a Liabilities/Publicity Release Form except where prohibited by law within 10 days of notification or attempted notification. Before being declared a winner, a potential winner must correctly answer, without assistance of any kind, whether mechanical or otherwise, person verification question to be administered by Sponsor or its designated agent by email or mail within the time specified by Sponsor. In the event that a potential Winner cannot successfully complete the person verification question within the time specified by the Sponsor, then this will result in the disqualification of the potential winner and an alternate winner will be selected. By accepting and/or using prize, winners consent to the use of his/her name, voice and/or likeness for the purpose of advertising, trade, or promotion without further compensation, unless prohibited by law and upon request will provide such consent in writing. If a selected winner cannot be contacted, is ineligible, fails to claim the prize within 15 days from the time award notification was sent, or fails to timely return a completed and executed declaration and release as required, prize may be forfeited and an alternate winner selected. After three (3) attempts, if no winner is chosen, Sponsor will claim all remaining prizes.
The receipt by winners of the prize offered in this Sweepstakes is conditioned upon compliance with any and all federal, provincial and municipal laws and regulations. ANY VIOLATION OF THESE OFFICIAL RULES BY ANY WINNER (AT SPONSOR'S SOLE DISCRETION) WILL RESULT IN SUCH WINNER'S DISQUALIFICATION AS WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
6. IDENTITY DISPUTES. In the event of a dispute about the identity of the Entrant, entries made online will be declared made by the authorized account holder of the email address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an email address by an Internet access provider, online service provider or other organization (e.g. business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. The potential winner may be required to provide Sponsor with proof that the potential winner is the authorized account holder of the email address associated with the winning entry.
7. PRIZES. The following prizes (with corresponding approximate retail values) will be awarded: one (1) iPad mini or (1) Apple iTunes Gift Card with an Approximate Retail Value ("ARV") of 329 USD where iPad mini is not available. The winner will be expected to abide by all rules set forth by the Sponsor and agree that all decisions by the Sponsor will be final. The winner may make no substitutions or transfer of the prize. Actual/appraised value may differ at time of prize award. The specifics of the prize shall be solely determined by the Sponsor. No cash or other prize substitution permitted except at Sponsor's discretion. The prize is nontransferable. Any and all prize related expenses, including without limitation any and all federal, provincial, and/or local taxes shall be the sole responsibility of the winner. All prize awards will take 6-8 weeks for delivery.
8. MATERIALS/RIGHTS TO SUBMISSIONS. Each Entrant agrees and acknowledges that all right, title and interest in and to the entry, and any materials or information supplied by Entrant to Sponsor in relation to the Sweepstakes (collectively the "Materials"), including without limitation any and all intellectual property rights therein, are irrevocably assigned to Sponsor and Entrant retains no rights whatsoever therein. Sponsor shall have the right to edit, adapt, and modify the Materials as it deems appropriate for any use as determined by Sponsor in its sole discretion, including but not limited to the right to publish, promote, advertise and otherwise exploit the Materials in any way, in any media throughout the world now known or herein after devised, without any compensation to the Entrant. Entrant further understands and agrees that the "look and feel" of their entry may vary from the original Materials due to any such adaptations and modifications as set forth above. Entrant agrees to do all things and execute all documentation necessary to effect the assignment and/or waiver herein described. The Entrant acknowledges that SPONSOR OR ITS ASSIGNS MAY COMMERCIALLY EXPLOIT THE MATERIALS WITHOUT LIABILITY OR ADDITIONAL CONSIDERATION OF ANY KIND TO THE ENTRANTS. By entering this Sweepstakes, each Entrant represents and warrants that (i) he/she is the person that submitted their entry using The Escapist Sweepstakes page, (ii) he/she is legally able to enter into this Sweepstakes and does not live in a jurisdiction that prohibits this Sweepstakes, and (iii) agrees to indemnify and hold Sponsor, and their respective parents, subsidiaries, and affiliates and their employees, officers, directors, shareholders, agents, and representatives, harmless from and against any and all losses, damages, rights, claims and actions of any kind arising out of any breach by Entrant of the representations and warranties set forth in subsection (i) and (ii) above. The entry becomes the property of The Sponsor and will not be returned.
9. GENERAL CONDITIONS. By entering, each participant agrees (a) to be bound by these Official Rules and the decisions of Sponsor, which shall be final, and (b) that Sponsor, agents and representatives of Sponsor, its parent companies, affiliates, subsidiaries, officers, directors, employees, legal advisors and advertising, promotion, fulfillment agencies are not responsible for and shall not be liable for: (i) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible, postage-due entries, mail, or e-mail; (ii) telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, failures, or difficulties of any kind; (iii) failed, incomplete, garbled, or delayed computer transmissions; (iv) any condition caused by events beyond the control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted; (v) any injuries, losses, or damages of any kind arising in connection with or as a result of the prize, or acceptance, possession, or use of the prize, or from participation in the Sweepstakes including without limitation, personal injury, death, and property damage, and claims based on publicity rights, defamation, or invasion of privacy; or (vi) any printing or typographical errors in any materials associated with the Sweepstakes. Sponsor reserves the right, in its sole discretion, to modify, suspend, or cancel Sweepstakes at any time if the Sweepstakes is not capable of running as planned, including if a computer virus, bug, or other technical problem corrupts the administration, security, or proper play of the Sweepstakes. Sponsor reserves the right at its sole discretion to disqualify any individual or entity it finds to be attempting to defraud or in any way tamper with the Sweepstakes.
10. GENERAL RELEASE. BY ENTERING THIS SWEEPSTAKES, ENTRANTS AGREE THAT SPONSOR, AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE LIABLE FOR PERSONAL INJURIES, DEATH, DAMAGES, EXPENSES OR COSTS OR LOSSES OF ANY KIND RESULTING FROM PARTICIPATION OR INABILITY TO PARTICIPATE IN THIS SWEEPSTAKES OR ACCEPTANCE OF OR USE OR INABILITY TO USE A PRIZE OR PARTS THEREOF INCLUDING, WITHOUT LIMITATION, CLAIMS, SUITS, INJURIES, LOSSES AND DAMAGES RELATED TO PERSONAL INJURIES, DEATH, DAMAGE TO OR DESTRUCTION OF PROPERTY, RIGHTS OF PUBLICITY OR PRIVACY, DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (WHETHER INTENTIONAL OR UNINTENTIONAL), WHETHER UNDER A THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHER THEORY. WINNERS RELEASE THE SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS FROM ANY AND ALL LIABILITY AND RESPONSIBILITY WITH RESPECT TO A PRIZE (INCLUDING ANY PROPERTY LOSS, DAMAGE, PERSONAL INJURY OR DEATH). WINNERS ACKNOWLEDGE THAT SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, HAS NEITHER MADE NOR ARE IN ANY MANNER RESPONSIBLE FOR ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESSED OR IMPLIED, IN FACT OR IN LAW, RELATED TO A PRIZE.
11. USE OF PARTICIPANT, ENTRANT & WINNER NAME AND LIKENESS. Except where legally prohibited, by participating in the Sweepstakes, all participants, entrants and winners grants permission for Sponsor and those acting under their authority to use his/her name, alias, photograph, voice and/or likeness, for advertising and/or publicity purposes without consent or additional compensation.
12. WINNER RESPONSIBILITY. ALL FEDERAL, STATE, LOCAL AND OR OTHER APPLICABLE TAXES, LICENSES, TITLE AND/OR REGISTRATION FEES OR OTHERS COSTS, ASSOCIATED WITH WINNING THE PRIZE ARE THE SOLE RESPONSIBILITY OF THE WINNER. THE SPONSOR AND ITS AFFILIATES, SUBSIDIARIES AND ADVERTISING AND PROMOTION AGENCIES, AND EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ASSIGNS, SHALL NOT BE RESPONSIBLE FOR ANY SUCH TAXES, FEES AND COSTS.
14. MISCELLANEOUS. The Sweepstakes and these Official Rules will be governed, construed, and interpreted under the laws of the State of Delaware, United States of America. Entrants agree to be bound by these Official Rules and by the decisions of Sponsor, which are final and binding in all respects. Sponsors reserve the right, in their sole discretion, to change these Official Rules at any time without notice. Sponsor reserves the right, in their sole discretion, to disqualify persons whose eligibility is in question or for any other reason whatsoever.
16. WINNER'S LIST AND OFFICIAL RULES: To obtain a copy of the Winners List or a copy of these Official Rules, mail your request to: Fairway Solitaire Sweepstakes Winner's List, c/o Themis Media, 406 Blackwell Street, Suite B020, Durham, NC 27713, USA. Requests must be received no later than Friday, December 30, 2013.