Official Rules for the “Guess the Weight and Date!” Sweepstakes
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW.
THIS PROMOTION IS INTENDED FOR PLAY IN THE 50 UNITED STATES AND WASHINGTON D.C. ONLY AND WILL BE GOVERNED BY U.S. LAW. DO NOT ENTER IF YOU ARE NOT ELIGIBLE AND LOCATED IN ONE OF THE 50 UNITED STATES OR D.C. AT THE TIME OF ENTRY. Open to legal residents of the 50 United States and Washington DC (EXCLUDING RESIDENTS OF OVERSEAS MILITARY INSTALLATIONS, PUERTO RICO, AND OTHER U.S. TERRITORIES) who are 18 years of age or older as of June 26, 2013.
Sponsor: Us Weekly LLC (“Us Weekly”)
Prize Provider: Princess Cruise Lines, Ltd. (“Princess Cruises”)
1. How to Enter:
To enter the “Guess the Weight and Date!” Sweepstakes (the “Sweepstakes”), visit www.usmagazine.com/guess-the-weight-and-date
during the Sweepstakes Period and:
1. Guess the birth weight in pounds and ounces (“Birth Weight”) and delivery date (“Birth Date”) of Catherine, Duchess of Cambridge (“Kate”) and Prince William, Duke of Cambridge’s baby; and
2. fill out the entry form with your guess and your name, address, email address, phone number and date of birth.
Limit one (1) entry per person. Sweepstakes begins at 9:00:00 a.m. Eastern Daylight Time (“EDT”) on June 26, 2013 and ends on the earlier of either: 11:59:59 p.m. EDT July 3, 2013 (“Sweepstakes Period”). In the event that it is announced either that Kate has delivered the baby or that she has gone into labor prior to the end of the Sweepstakes Period, Sponsor will end the Sweepstakes at that date and time with or without notice to you.
Participants may not enter with multiple email addresses nor may entrants use any other device or artifice to enter multiple times or under multiple identities. Any participant who attempts to enter with multiple email addresses under multiple identities or uses any device or artifice to enter multiple times will be disqualified and forfeits any and all prizes won, in Sponsor's discretion. No mechanically reproduced or computer generated entries permitted. Sponsor is not responsible for lost, late or misdirected entries, or entries containing incorrect or incomplete information. Sponsor is not responsible for any problems or technical malfunctions of any telephone network or lines, computer, on-line, or Internet systems or services, servers, computer equipment, software, failure of any email or entry or confirmation or winner notice on account of technical problems or traffic congestion on the Internet, problems with Usmagazine.com website or any combination thereof, including any injury or damage to entrant’s or any other person’s computer resulting from downloading any materials in connection with the Sweepstakes. Entries become the property of Us Weekly and will not be acknowledged or returned. Sponsor is not responsible for incorrect or inaccurate entry information whether caused by Internet users or by any of the equipment or programming associated with or utilized in the sweepstakes or by any technical or human error, which may occur in the processing of the entries.
a. Selection of Winners. One (1) Grand Prize Winner and twenty (20) Runner-Up Winners will be selected in a random drawing from among all eligible entries received by Sponsor with the correct Birth Weight and Birth Date on or about one (1) day after the Birth Weight and Birth Date have been announced. In the event that there are not enough eligible entrants with the correct guess of Birth Weight and Birth Date, Sponsor reserves the right to select additional winners in a random drawing from among all eligible entries received by Sponsor with the correct Birth Weight or Birth Date. The winner will be notified by e-mail or telephone. Odds of winning depend on number of eligible entries received. Sponsor is not responsible for any change of email address, mailing address and/or telephone number of entrants.
b. Decisions of Sponsor are final on all matters relating to the Sweepstakes. Entrants must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfillment of all requirements.
3. Grand Prize:
a. One (1) verified grand prize winner (“Grand Prize Winner”) will receive the following prize (the “Grand Prize”):
• one (1) 7-day Caribbean cruise (embarking and disembarking from Ft. Lauderdale, FL) ("Cruise") for Winner and one (1) guest ("Cruise Guest"), sharing accommodations of one (1) double occupancy balcony stateroom.
b. TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF THE GRAND PRIZE: Up to $2,388.00 USD. Any difference between stated approximate retail value and actual value of prize will not be awarded.
c. TRANSPORTATION TO AND FROM THE POINT OF EMBARKMENT/DISEMBARKMENT IS NOT INCLUDED. All prize details not specified in the Official Rules will be determined in Sponsor's sole and absolute discretion. Cruise includes all regular onboard meals and entertainment, applicable government fees and taxes for Cruise only. Cruise must be completed by April 20, 2014 or prize will be forfeited. All ground and air transportation, shore excursions fees, discretionary hotel and dining charges, meals in alternate dining venues, alcoholic beverages, boutique purchases, and any other incidental costs or other expenses not specifically set forth herein are the sole responsibility of Grand Prize Winner. All reservations and cruise arrangements including, without limitation, the dates and times are at the sole discretion of Sponsor. All Cruises must be taken during the time period specified; no alternative cruise dates are available or Grand Prize will be forfeited. All prize details are subject to availability and restrictions such as blackout dates including holidays (e.g. Monday, November 21, 2013-Sunday, November 27, 2013; Monday, December 19, 2013-Saturday, December 31, 2013) may apply. Cruise Guest must be 18 years of age or older as of the date of departure unless the companion is the child of winner. Minors must be accompanied at all times during trip (including, but not limited to, in-flight, hotel stay, cruise activities, and all other prize-related events) by minor's parent or legal guardian. Grand Prize Winner and Cruise Guest must cruise on same itinerary. Cruise Guest must (or a Cruise Guest's parent or legal guardian if Cruise Guest is an eligible minor in his/her state/province of residence) sign and return a cruise/publicity release before any ticketing of cruise occurs. The Grand Prize Winner and Cruise Guest must have all necessary identification and/or cruise documents (including but not limited to a valid passport, visa (if applicable) and all other necessary travel documents) required for Cruise. Once Cruise Guest is selected, they may not be substituted, except in Sponsor's sole and absolute discretion. Cruise is subject to the terms and conditions of the Princess passage contract. As set forth in more detail in the passage contract, Princess reserves the right to refuse to embark Grand Prize Winner or any Cruise Guest, at any time if, in the sole opinion of Princess, Grand Prize Winner or Cruise Guest, or any minor or other person in Grand Prize Winner or Cruise Guest's care during the cruise, are unfit for any reason for the cruise. Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by Cruise operators or any other persons providing any Grand Prize-related services or accommodations. Grand Prize Winner and Cruise Guest are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Lost, stolen or damaged Cruise tickets, travel vouchers or certificates will not be replaced or exchanged. Unclaimed prize will not be awarded.
BY ACCEPTING GRAND PRIZE, GRAND PRIZE WINNER ACCEPTS (AND AGREES TO CONFIRM IN WRITING) THE INHERENTLY DANGEROUS NATURE AND RISK IN AIR, LAND AND SEA TRAVEL, INCLUDING PERSONAL INJURY AND/OR DEATH, ACKNOWLEDGES THAT HIS/HER PARTICIPATION IN THE PRIZE EVENT IS VOLUNTARY, ACKNOWLEDGES THAT THERE ARE NATURAL FACTORS AND OCCURRENCES WHICH MAY IMPACT ON OR AFFECT THE SAFETY OF THE ACTIVITIES HE/SHE IS PARTICIPATING IN AND HE/SHE ASSUMES THE RISK OF SUCH FACTORS AND OCCURRENCES AND AGREES THAT RELEASEES SHALL NOT BE IN ANY WAY RESPONSIBLE FOR ANY RESULTING INJURY AND/OR DEATH.
4. Runner-Up Prizes:
a. Twenty (20) runner-up winners (“Runner-Up Winners”) will receive the following prize (“Runner-Up Prize):
• a one-year, 52-issue print subscription to Us Weekly magazine.
b. Approximate Retail Value (“ARV”) of Prize: $69.95. Actual retail value of the Prize may vary. If the winner cannot accept the Prize, Winner will forfeit the Prize in its entirety and Sponsor may, at its option, either select another winner in his or her place or be relieved of liability for fulfillment of the Prize.
c. Certain restrictions may apply. Sponsor and Prize Provider reserve the right to substitute a prize of equal or greater value.
a. Employees, directors and officers of Sponsor, Prize Provider, and their respective parents, affiliates, subsidiaries, advertising or promotional agencies, and their immediate family members (spouse, parent, child, sibling and their respective spouses) and/or those living in same household are not eligible.
b. No substitution or transfer of prize permitted except as provided herein. Prizes are non-redeemable for cash. In the event of unavailability, Sponsor and Prize Provider may substitute a prize of greater or equal value.
c. All federal, state, and local taxes are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Consult with your tax professional regarding potential tax implications.
d. Potential finalists must execute Affidavit of Eligibility/Release of Liability Form(s) within 10 days of notification. Noncompliance with these official rules, or return of prize notification as undeliverable or inability to locate finalist within 5 days after notification will result in disqualification and selection of an alternate finalist, in Sponsor’s sole discretion. Cruise Guest must sign and return a Travel Companion Release prior to ticketing.
e. By participating in the Sweepstakes and accepting any prize, entrants and winners agree to release and hold harmless Sponsor, Prize Provider, and their respective parent companies, subsidiaries, affiliates and related companies, and each of their respective officers, directors, employees and agents (collectively, "Released Parties") from and against any and all liability whatsoever for any loss, harm, damage, injury, cause of action, claim, cost or expense (including without limitation any property damage, personal injury and/or death) arising out of or in connection with the Sweepstakes, including without limitation participation in any Sweepstakes-related activity and/or possession, acceptance, use or misuse of any prize.
Released Parties shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by any performer(s)/event(s), air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to the winner's and his/her travel companion’s transportation and such contracts shall be solely between the winner, his/her travel companion and such transportation companies. Released Parties shall not be parties to such contracts and shall assume no responsibility in this connection. Released Parties shall not be liable for any loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables.
Released Parties are not responsible if Sweepstakes cannot take place or if prize cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather or acts of terrorism.
Sponsor’s failure to enforce any term of these rules shall not constitute a waiver of that provision.
f. Participation in the Sweepstakes constitutes consent for Sponsor and Prize Provider to use entrant’s name, biographical information, image and likeness for editorial, advertising and publicity purposes without additional compensation, except where prohibited by law. Entrant releases and holds harmless the Released Parties for any liability, claims and causes of action based on defamation or violation of rights of publicity or privacy.
g. Sponsor reserves the right to disqualify any person tampering with the entry process, the operation of Usmagazine.com or who is otherwise in violation of the Official Rules. Sponsor further reserves the right to cancel, terminate or modify the Sweepstakes in the event the Sweepstakes is not capable of completion as planned, including fraud, infection by computer virus, bugs, tampering, technical failures of any kind, or other causes beyond the control of Sponsor that corrupt the administration, security or proper play of the Sweepstakes. In the event of cancellation, Sponsor will randomly award the prizes from among all eligible, non-suspect entries received prior to cancellation. In the event of a dispute as to entries submitted by multiple users having the same email account, the authorized account subscriber of the email account used to enter the Sweepstakes at the actual time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized 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. CAUTION: ANY ATTEMPT BY ANY PARTICIPANT TO DELIBERATELY DAMAGE THE WEBSITE OR TAMPER WITH OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES FROM ANY SUCH ENTRANT(S) TO THE FULLEST EXTENT PERMITTED BY LAW INCLUDING CRIMINAL PROSECUTION.
h. Winner acknowledges that Released Parties have not made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize, including but not limited to its quality, mechanical condition or fitness for a particular purpose. Any and all warranties and/or guarantees on a prize (if any) are subject to the respective manufacturers’ terms therefore, and winner agrees to look solely to such manufacturers for any such warranty and/or guarantee.
i. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges, which shall be final and binding with regard to all matters relating to the Sweepstakes.
j. ARBITRATION and WAIVER OF CERTAIN DAMAGES: As a condition of participating in this Sweepstakes, entrants agree that (a) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential or any other indirect damages, (b) all causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved exclusively by arbitration under the rules of the American Arbitration Association before a single arbitrator located in New York County, New York; and (c) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this promotion, but in no event attorney’s fees. Disputes arising from this Sweepstakes will be determined according to the laws of the State of New York, without reference to its conflict of laws principles.
5. The Sponsor of the Sweepstakes is Us Weekly LLC, 1290 Avenue of the Americas, New York, NY 10104.
6. Winner’s List:
For names of prize winner, after the end of the Sweepstakes Period, 2013, send a separate, stamped, self-addressed, No.10 envelope to: “Guess the Weight and Date!” Sweepstakes c/o Us Weekly Marketing 1290 Avenue of the Americas, 2nd Floor, New York, NY 10104. Requests must be received by August 31, 2013.