Modelinia Muse News Sweepstakes: Win a Fashion's Night Out Tee Shirt
Sweepstakes Rules
Modelinia Muse News Sweepstakes Official Rules 2009NO PURCHASE NECESSARY A Purchase Of Any Kind Will Not Increase Your Chances Of Winning Online Entry Only - Internet Access And Valid Email Account Required
1.Eligibility: Modelinia Muse News Sweepstakes (the “Sweepstakes”) is open to legal residents of the 50 United States and Washington, D.C., who are 18 years of age or older as of the date of entry, and have internet access as of the start of the Sweepstakes Period. Employees, officers, directors, representatives and agents of Modelinia, Inc. ("Sponsor"), NMA Entertainment & Marketing, LLC (“Administrator”) and each of their respective parent companies, affiliates, subsidiaries, advertising agencies, promotion agencies, distributors, licensors, prize providers, suppliers, franchisees and the immediate families [spouse, parent, child, sibling and their respective spouses] and household members [whether or not related] of their employees (all such individuals and entities are hereinafter referred to collectively as the "Sweepstakes Entities") are not eligible to enter. This Sweepstakes is void in Puerto Rico and wherever prohibited or restricted by law, and is subject to all federal, state and local laws. Sweepstakes is governed by U.S. law and subject to all applicable federal, state and local laws and regulations. By entering the Sweepstakes, entrants agree to accept and be bound by all terms of these Official Rules and Regulations (“Official Rules”).
2.Promotion Period: The Sweepstakes begins at 12:00:01 am Eastern Time (“ET”) on October 8, 2009 and ends at 11:59:59 pm ET on November 5, 2009 (“Sweepstakes Period”). Sponsor’s clock is the official timekeeping device of this Sweepstakes. For purposes of these rules, a day is considered to begin at 12:00:01 am ET and end at 11:59:59 pm ET
3.How To Enter: No Purchase Necessary. To enter the Sweepstakes, visit http://www.modelinia.com/articles/sweepstakes/12533 (the “Promotion Website”) during the Sweepstakes Period and follow the instructions to sign up for the Modelinia Muse News Newsletter (the “Newsletter”) by completing and submitting the required fields on the online entry/sign-up form and checking off the box below the form indicating you would like to sign up for the Newsletter. It is free to sign up for the Newsletter. If you are already signed up for the Newsletter, or if you do not want to sign up for the newsletter, you will still need to fill out the required information on the entry/sign-up form to enter, but please check the box below the form indicating you do not want to sign up for the Newsletter. By entering this Sweepstakes, you hereby agree to be bound by these Official Rules and all decisions of Sponsor relating to this Sweepstakes. Limit: one (1) entry per person and or e-mail address per day, regardless of e-mail address used. You may come back to the site and enter the Sweepstakes every day in order to gain more entries to the Sweepstakes. All entries must be received by 11:59:59 pm ET on November 5, 2009. Normal Internet access and usage charges imposed by your on-line service will apply. Entries must be complete to be eligible. All entries become the property of Sponsor and will not be returned, and Sponsor will not verify receipt of entries. In the event of a dispute over the identity of an entrant/potential winner, the natural person who is the authorized account holder of the email address will be declared the potential winner. "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.
4.Random Drawing/Odds: Four (4) Potential winners will be selected in a random drawing conducted on or about November 7, 2009 from among all eligible entries received. Administrator, who is an independent judging organization, will conduct the drawing. The decisions of Administrator and Sponsor are final and binding on all matters relating to this Sweepstakes. Odds of winning are dependent upon the number of eligible entries received during the Sweepstakes Period. Limit: one (1) prize per person/household regardless of email address used. Potential winners must comply with these Official Rules.
5.Prizes and Approximate Retail Values (“ARV”) The following four (4) prizes will be awarded in the following order. The first potential winner chosen in the drawing will receive one (1) limited edition Fashion’s Night Out T-Shirt signed by various models (ARV: at least $30). The second potential winner chosen in the drawing will receive one (1) pair of Puma Cell Voltra Sneakers (ARV: $100). The third potential winner chosen in the drawing will receive one (1) Diorissimo 1.7 ounce eau de parfum vaporisateur spray (ARV: $55). The fourth potential winner chosen in the drawing will receive one (1) Design Guru Handbag (ARV: $695). All prizes are nontransferable and no substitution is allowed, except by the Sponsor, who reserves the right to substitute, for any reason whatsoever, a prize (or portion thereof) of comparable or greater value, at its sole discretion. Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor. Sizes are subject to availability. In the event the actual retail value is less than the ARV stated in these rules, winner will not receive the difference in cash. (Total ARV of all prizes $880).
6.Notification/Verification/General Rules: After the drawings, the four (4) potential winners will be notified by phone, email and/or mail, and upon verification that they meet all eligibility requirements, prizes will be awarded via USPS, Fed-Ex or UPS. By entering the Sweepstakes, entrants agree that Sponsor may use their information provided to contact them for purposes of the Sweepstakes and entrants agree to be bound by these Official Rules and shall be final and binding in all respects. Subject to the entrant opting out, he/she agrees to receive the Modelinia Muse News Newsletter. Each prize recipient is responsible for any income, or other tax liability arising from receipt of the prize and should consult their tax advisor for the proper treatment of this income on their tax return. Prize winners may be required to execute and return an affidavit of eligibility and liability/publicity release (where legal) within five (5) days of notification attempt, along with a W-9 form for prizes valued at over $600, or the prize may be forfeited and an alternate potential winner may be selected, in Sponsor’s sole discretion. Prize winners may also be required to verify their address before delivery of their prizes. The Internal Revenue Service requires Form 1099 to be issued and filed for each recipient who receives a prize if the amount of the prize is $600 or more. NMA will send the winner a W9 form, which must be completed and returned to NMA for the winner to receive the prize. A copy of the 1099 filed by NMA will be sent to the winner. The 1099 will be issued for the fair market value of the prize. Return of any prize or prize notification as undeliverable may result in disqualification and an alternate potential winner may be selected. Acceptance of any prize constitutes permission to use winners’ names and likenesses for promotional purposes without further compensation except where prohibited by law. The Sweepstakes Entities assume no responsibility or liability for damages, losses or injury resulting from acceptance or use/misuse of any prize. Entrants may opt-out of the Newsletter after they sign up. If any part of these Official Rules are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty and liability disclaimers set forth herein, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and this agreement shall continue in effect.
7.Limitations of Liability: Entrants, by participating in the Sweepstakes, release and agree to hold the Sweepstakes Entities harmless from and against any and all liability, claims or action of any kind whatsoever for any injuries, losses or damages of any kind to persons, including death and bodily injury, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of any prize, including participating in this Sweepstakes or in any Sweepstakes-related activity, whether sponsored, held by or paid for by a third party or by Sponsor. Entrants further agree that the Sweepstakes Entities have not made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. Additionally, the Sweepstakes Entities are not responsible for any virus contracted by an entrant’s computer through participation in the Sweepstakes, for any incorrect or inaccurate information, whether caused by computer or Internet malfunction or interference, tampering, manipulation, weather or natural disaster, acts of war, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, satellite malfunction, technical error, theft or destruction or unauthorized access. The Sweepstakes Entities are not responsible for inaccessibility or unavailability of the Internet or the Sponsor’s website or any combination thereof. Sponsor reserves the right, at its sole discretion, to disqualify any individual it suspects of tampering with the entry process or the operation of the Sweepstakes, to be acting in violation of the Official Rules, or to be acting in a unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed or like entry methods or third-party software or website will void all entries by such methods, and disqualify any entrant using such methods. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. If, for any reason, the Sweepstakes is not capable of running as planned by reason of, but not limited to, tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other causes which Sponsor, in its sole discretion, deems could corrupt or 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 at any time. If Sponsor terminates the Sweepstakes prior to the end of the Sweepstakes Period, Sponsor will select potential winners in a random drawing from among all valid entries received prior to termination or as otherwise may be deemed fair and equitable by Sponsor. UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR, AND ENTRANTS HEREBY WAIVE, ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR ANY OTHER DAMAGES WHATSOEVER. IN NO EVENT SHALL SPONSOR BE LIABLE TO ANY ENTRANT OR WINNER FOR DAMAGES THAT EXCEED THE VALUE OF THE PRIZE TO BE AWARDED TO THE INDIVIDUAL ENTRANT IN THIS SWEEPSTAKES.
8.Governing Law and Venue: ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THIS SWEEPSTAKES OR ANY PRIZE AWARDED SHALL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION, AND EXCLUSIVELY BY THE APPROPRIATE STATE OR FEDERAL COURT LOCATED IN THE STATE OF NEW YORK; (2) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS INCURRED, INCLUDING COSTS ASSOCIATED WITH ENTERING THIS SWEEPSTAKES BUT IN NO EVENT ATTORNEYS’ FEES; AND (3) UNDER NO CIRCUMSTANCES WILL ENTRANT BE PERMITTED TO OBTAIN AWARDS FOR AND ENTRANT HEREBY WAIVES ALL RIGHTS TO CLAIM PUNITIVE, INCIDENTAL AND CONSEQUENTIAL DAMAGES AND ANY OTHER DAMAGES, OTHER THAN FOR ACTUAL OUT-OF-POCKET EXPENSES, AND ANY AND ALL RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
9.Privacy Policy: Any personally identifiable information collected during this Sweepstakes will be collected by Sponsor and used by Sponsor, its affiliates, agents and marketers for purposes of the proper administration and fulfillment of the Sweepstakes as described in these Official Rules and in accordance with Sponsor's Privacy Policy as stated at http://www.modelinia.com/about/privacy-policy and as allowed by law.
10.Winners List: For a list of winners, available after the Sweepstakes Period ends, send a stamped, self-addressed envelope (VT residents may omit return postage) by no later than one (1) month after the end of the Sweepstakes Period to: Modelinia Muse News Monthly Sweepstakes Winners, c/o NMA Entertainment & Marketing, 298 5th Avenue, 2nd Floor, NY, NY, 10001.
11. Sponsor: The Sponsor of the Sweepstakes is Modelinia, Inc., 915 Broadway, 20 FL, New York, NY, 10010. The Administrator of the Sweepstakes is NMA Entertainment & Marketing LLC, 298 5th Avenue, 2nd Floor, NY, NY, 10001.
© 2009 Modelinia. All rights reserved. MODELINIA® is a trademark of Modelinia, Inc.
