[Boston.com Uncommon Ticket Giveaway]
By participating in the Sweepstakes, you agree to be bound by these Official Rules and the decisions of the sponsor of the Sweepstakes, Boston Globe Media Partners LLC (“Sponsor”), which are binding and final on matters relating to this Sweepstakes. The Sweepstakes is subject to all applicable federal, state and local laws.
1. ELIGIBILITY. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. Void where prohibited. Open to legal residents of Massachusetts, who are 21 years or older at the time of entry. Sponsor, prize provider, and prize provider’s advertising and promotion agencies (and each of their employees, parents, affiliates, subsidiaries) and their respective immediate families and household members are not eligible to enter or win.
2. TO ENTER. Between 12:00:01 a.m. Eastern Time (“ET”) on February 1, 2015 and 11:59:59 p.m. ET on March 18, 2016 (the “Entry Period”), visit boston.com/uncommon (“Website”) and sign up for the newsletter (“Entry”). Limit one Entry per person. Duplicate Entries and Entries generated by script, macro, other automated means, or by any means which subvert the entry process will be void.
3. DRAWING. One (1) potential winner (a “Potential Winner”) will be selected from all eligible Entries in a random drawing to be held on or about March 21, 2015. Odds of winning depend on the number of eligible Entries received. Each Potential Winner will be notified by phone or e-mail and may be required to execute and return an Affidavit of Eligibility within two days of date of issuance, or such earlier date specified by Sponsor. If such document is not returned to Sponsor within the specified time period, prize notification is returned as undeliverable, or Potential Winner is not in compliance with these Official Rules, the Prize will be forfeited and, at Sponsor’s discretion, an alternate Potential Winner may be selected. A Potential Winner is not an official winner (“Winner”) until Sponsor receives Winner’s Affidavit of Eligibility and notifies him/her that he/she is a Winner.
4. PRIZES. Winner will receive a pair of tickets to the Boston.com Uncommon event (the “Prize”). Approximate retail value of the Prize is $60. Prize is awarded “as is” with no warranty or guarantee, either express or implied, and is subject to availability, blackout dates, and expiration dates. Details of the Prize may change, based on availability. Sponsor reserves the right to substitute the Prize or portions thereof if Prize cannot be awarded as described. Sponsor will determine all elements of Prize in its sole discretion. Sponsor disclaims all and any liability for the actual provision, quality, or nature of any third party product or service related to the Prize. Sponsor is not liable for injuries, losses, or damages of any kind arising from participation in this Sweepstakes and use of the Prize. Winner must comply with any third party terms and conditions applicable to the redemption and use of the Prize.
Winner may not substitute, assign, or transfer the Prize or redeem the Prize for cash. Winner is responsible for all applicable federal, state, and local taxes, as well as any other costs and expenses associated with the Prize. Winner forfeits any unused portions of the Prize. The awarding of any Prize is contingent on full compliance with these Official Rules. If a Winner is found to have violated the Official Rules or otherwise does not meet eligibility criteria, that Winner will forfeit the Prize and the Prize may be awarded to an alternate winner.
5. PRIVACY AND PUBLICITY. Except where legally prohibited, by entering and providing the required entry information, Winner consents to be photographed by or on behalf of the Sponsor and permits Sponsor, its parent corporations, subsidiaries, affiliates, agents, and assigns, to use Winner’s name, likeness, photograph, city or town of residence, Entry, and any materials Winner submits to Sponsor (“Entrant Materials”) in all media, throughout the World, in perpetuity, and for any purpose (including advertising, publicity, and/or trade purposes), without notice to Winner and without further compensation.
Entrants further agree that Sponsor has the right to use the Entrant Materials in combination with such other material as Sponsor in its sole discretion shall determine, and that Entrants have no right of approval, claim to compensation or benefits claim, including without limitation, claims based upon invasion of privacy, defamation, or right of publicity arising out of any use of Entrant Materials.
6. RELEASE. Released Parties (as defined below) are not responsible for lost, late, incomplete, damaged, inaccurate, stolen, delayed, misdirected, undelivered, or garbled entries or email for whatever cause or other errors whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Website, who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated Entries will be void. Sponsor reserves the right at its sole discretion to suspend, modify or terminate the Sweepstakes at any time and for any reason, including, but not limited to, if any portion of the Sweepstakes is, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of Entries, and, if terminated, Sponsor may select the Potential Winner in a random drawing from among all non-suspect, eligible Entries received for such drawing prior to action taken or as otherwise deemed fair and appropriate by Sponsor.
By participating, Entrants agree that Sponsor, suppliers of the Prize, and their respective parents, affiliates, subsidiaries and advertising and promotion agencies and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by Entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the prize or participation in this Sweepstakes. In the event of a dispute regarding Entries received from multiple users having the same e-mail account, the authorized subscriber of the email account at the time of entry will be deemed to be the Entrant and must comply with these Official Rules. Authorized account subscriber is the natural person who is assigned the e-mail address by the internet service provider (ISP), online service provider, or other organization responsible for assigning e-mail addresses.
Any and all claims, judgments and awards will be limited to actual out-of-pocket costs incurred, including costs associated with participating in this Sweepstakes but in no event attorneys’ fees and under no circumstances will any Entrant be permitted to obtain awards for, and 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.
7. GOVERNING LAW/JURISDICTION. The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the Commonwealth of Massachusetts (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in Massachusetts and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, Entrants agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. Entrants further agree that in any cause of action, the Released Parties entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees and/or experts’ fees and costs. By entering, Entrants waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and further waive all rights to have damages multiplied or increased.
8. WINNER’S NAME. For the name of the Winner(s), send a self-addressed stamped envelope to: Boston.com Uncommon Sweepstakes, c/o Boston Globe Media Partners LLC, 135 Morrissey Blvd., Boston, MA 02125. Requests for Winner names must be received no later than 60 days from the drawing date described in paragraph 3.