Survey – Official Sweepstakes Rules
OFFICIAL SWEEPSTAKES RULES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
A purchase will not improve chances of winning.
You Have Not Yet Won
OPEN ONLY TO PARTICIPANTS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AS OF THE DATE OF ENTRY
By entering this Promotion, entrants accept and agree to be bound by these Official Rules. Any violation of these rules may result in disqualification. All decisions of the judges regarding this Promotion are final and binding in all respects.
1. PROMOTION PERIOD. Promotion begins 12:01 pm, E.S.T., on October 5, 2017, and ends 11:45 pm E.S.T., on October 26, 2017 (“Promotion Period”). Online entries must be received by the end of the Promotion Period.
2. ELIGIBILITY. This sweepstakes (the “Promotion”) is only open to participants who are at least eighteen (18) years old as of the date of entry, except officers, directors, and employees of the Sponsor, Administrator, or any other party associated with the development or administration of this Promotion, and the immediate family (i.e., parents, children, siblings, spouse), and persons residing in the same household, of such individuals. This Promotion is void where prohibited.
4. WINNER SELECTION AND NOTIFICATION. Winner selection will be conducted by random drawing from all eligible entries on or about November 2, 2017. (the “Drawing Date”). Any potential winner will be notified by mail, e-mail, and/or telephone. If a potential winner cannot be contacted, does not respond within fifteen (15) days from the date the Sponsor first tries to notify him/her, and/or the prize or prize notification is returned as undeliverable, such potential winner forfeits all rights to win the Promotion or receive the prize, and an alternate potential winner may be selected. Upon contacting a potential winner and determining that he/she has met all eligibility requirements of the Promotion, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, such individual will be declared the “winner” of the Promotion.
5. PRIZE DESCRIPTION. There will be one (1) winner who will receive the prize of one (1) $300.00 aperture.org gift certificate. Gift certificates must be redeemed within twelve (12) months from the date of issuance, which is the “expiration” date included on the gift certificate. Expiration date does not apply in states where prohibited by law. Gift certificates must be redeemed through aperture.org, toward the purchase of products listed on the website. The gift certificate can only be applied to one transaction—any unused amount cannot be redeemed at a later date or transferred. Gift certificates cannot be used to purchase gift certificates but it can be applied to shipping charges. Gift certificates are not redeemable for cash and cannot be returned for a cash refund. Gift certificate cash value is one-tenth of one cent. Gift certificates and their use at aperture.org website are subject to Aperture’s Privacy notice. The Sponsor is not responsible for lost or stolen gift certificates. The Sponsor has the right to close customer accounts and request alternative forms of payment if a fraudulently obtained gift certificate is redeemed or used to make purchases at Aperture.org. Gift certificates are not valid for prior purchases. Returned items bought with gift certificates are not eligible for cash or credit refunds, purchaser will be issued the refunded amount as a gift certificate. The Sponsor reserves the right to change these terms and conditions at its discretion.
7. ODDS OF WINNING. The odds of winning this Promotion depend on the number of eligible entries received.
8. NO PRIZE TRANSFER OR SUBSTITUTION. No prize or any portion thereof is transferable or redeemable for cash. No substitutions for prize except by Sponsor, in which case a prize of equal or greater value will be substituted.
9. CONSENT AND RELEASE. By entering the Promotion, each entrant releases and discharges the Sponsor, Administrator, and any other party associated with the development or administration of this Promotion, their parent, subsidiary, and affiliated entities, and each of their respective officers, directors, members, employees, independent contractors, agents, representatives, successors, and assigns (collectively, “Sponsor Entities”), from any and all liability whatsoever in connection with this Promotion, including without limitation legal claims, costs, injuries, losses or damages, demands, or actions of any kind (including without limitation personal injuries, death, damage to, loss, or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light) (collectively, “Claims”). Except where prohibited: (i) acceptance of a prize constitutes the consent of any winner, without further compensation, to use the name and likeness of such winner for editorial, advertising, and publicity purposes by the Sponsor and/or others authorized by the Sponsor; (ii) acceptance of a prize constitutes a release by any winner of the Sponsor Entities of any and all Claims in connection with the administration of this Promotion and the use, misuse, or possession of any prize; and (iii) any potential winner may be required to sign an affidavit of eligibility (including social security number) and a liability/publicity release. Affidavits and releases must be returned within ten (10) days from the date that Sponsor first tries to notify the potential winner.
10. DISCLAIMERS. (i) Entries that are lost, late, misdirected, incorrect, garbled, or incompletely received, for any reason, including by reason of hardware, software, browser, or network failure, malfunction, congestion, or incompatibility at Sponsor’s or Administrator’s servers or elsewhere, will not be eligible. In the event of a dispute, entries will be deemed submitted by the authorized account holder of the e-mail address submitted at the time of entry. “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 (e.g., business, educational institute) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. (ii) Sponsor and Administrator, in their sole discretion, reserve the right to disqualify any person tampering with the entry process or the operation of the web site. Use of bots or other automated process to enter is prohibited and may result in disqualification at the sole discretion of Sponsor or Administrator. (iii) Sponsor and Administrator further reserve the right to cancel, terminate, or modify the Promotion if it is not capable of completion as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, force majeure, or technical failures of any sort. (iv) Sponsor Entities are not responsible for errors in the administration or fulfillment of this Promotion, including without limitation mechanical, human, printing, distribution, or production errors, and may modify or cancel this Promotion based upon such error at its sole discretion without liability. (v) SPONSOR ENTITIES MAKE NO WARRANTIES, REPRESENTATIONS, OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, AS REGARDS THIS PROMOTION OR THE MERCHANTABILITY, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. (vi) CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS, AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
11. APPLICABLE LAWS AND JURISDICTION. This Promotion is subject to all applicable federal, state, and local laws and regulations. Issues concerning the construction, validity, interpretation, and enforceability of these Official Rules shall be governed by the laws of the State of New York. All disputes arising out of or connected with this Promotion will be resolved individually, and without resort to class action, exclusively by a state or federal court located in New York, New York. Should there be a conflict between the laws of the State of New York and any other laws, the conflict will be resolved in favor of the laws of the State of New York. All judgments or awards shall be limited to actual out-of-pocket damages (excluding attorneys’ fees) associated with participation in this Promotion and shall not include any indirect, punitive, incidental, and/or consequential damages.
12. WINNER LIST. Winner List requests will only be accepted after the promotion end date (listed above) and no later than December 15, 2017. For the Winner List, send a self-addressed stamped envelope to: Online Survey Winner List, Aperture Magazine, 547 W. 27th Street, 4th Floor, New York, N.Y. 10001, U.S.A.
13. SPONSORSHIP. This Promotion is sponsored by Aperture Foundation, 547 W. 27th Street, 4th Floor, New York, N.Y. 10001 (individually and collectively, the “Sponsor”).
14. ADMINISTRATION. This Promotion is administered by Aperture Foundation, 547 W. 27th Street, 4th Floor, New York, N.Y. 10001.