MCM x Maxim Big Game Sweepstakes
NO PURCHASE, CONTRIBUTION, OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT IMPROVE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED.
CONSUMER DISCLOSURE: You have not yet won.
OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND DISTRICT OF COLUMBIA WHO ARE 21 YEARS OF AGE OR OLDER AS OF THE DATE OF ENTRY.
By entering this Sweepstakes, eligible individuals submitting entries (“Entrants”) accept and agree to be bound by these Official Rules (the “Rules”). Any violation of the Rules may, at Sponsor’s discretion, result in disqualification. All decisions of Sponsor regarding this Sweepstakes are final and binding in all respects.
1. SWEEPSTAKES PERIOD. This MCM x Maxim Big Game Sweepstakes (the “Sweepstakes”) begins at 10:00:01 a.m. Central Time on January 20, 2017 and ends at 8:59:59 p.m. Central Time on February 2, 2017 (the “Sweepstakes Period”). Sponsor may, in its sole discretion, extend the end date of the Sweepstakes Period.
2. ELIGIBILITY. This Sweepstakes is only open to legal residents of the 50 United States and District of Columbia (the “Eligibility Area”) who are twenty-one (21) years of age or older as of the date of entry. Only individuals may enter; no entry form from any corporation or other entity shall be accepted. This Sweepstakes is VOID outside of the Eligibility Area and where otherwise taxed, prohibited or restricted. Officers, directors, members and employees of Sponsor, or any other party associated with the development or administration of this Sweepstakes, and the parents, affiliates, subsidiaries, fulfillment, marketing agencies, public relations firms, consultants and contractors, and the immediate families (defined as spouse, child, sibling, parent or grandparent) and those living in the same households as such individuals are ineligible to participate in this Sweepstakes. By participating, Entrants warrant that he or she is eligible to participate in this Sweepstakes.
3. HOW TO ENTER. NO PURCHASE NECESSARY TO ENTER OR WIN. To enter this Sweepstakes, fill out an official entry form with your full name and email address at the designated location within the MCM pop-up store location at 5085 Westheimer Road, Houston, Texas 77056 (the “MCM Store”). Once the form is completed, it should be submitted to Sponsor at the designated table in accordance with the on-site instructions.
AMOE (Alternate Means of Entry): To enter without visiting the MCM Store during the Sweepstakes Period, hand-print your first name, last name, address, city, state, zip code, phone number, and a valid email address (mandatory) on a plain 3”x5” piece of paper, place in a stamped envelope, and mail to: MCM x Maxim Big Game Sweepstakes c/o Maxim Inc., 268 West 44 Street, 5th Floor, New York, NY 10036. Limit of one entry per mailing envelope.
4. WINNER SELECTION; NOTIFICATION. Potential winners must comply with all terms and conditions of these Rules. Winning is contingent upon fulfilling all requirements. The potential winner will be chosen by random drawing at the end of the Sweepstakes Period by Sponsor from among the total number of eligible Entries received during the Sweepstakes Period. All prize awards are subject to verification and will be awarded upon winner validation and verification by Sponsor. The potential winners will be notified by Sponsor via email and/or telephone on or about February 3, 2017. If a potential winner: (i) is ineligible; (ii) cannot reasonably be contacted after two (2) attempts by Sponsor or within twenty-four (24) hours from the date Sponsor first tries to notify him or her; (iii) fails to complete and return any required documents, such as the Affidavit and Release, to Sponsor within twenty-four (24) hours of receipt of the documents; and/or (iv) refuses the Prize, such potential winner forfeits all rights to win the Sweepstakes or receive the Prize, and an alternate winner may be selected from all eligible Entries received during the Sweepstakes Period. Upon contacting a potential winner and determining that he or she has met all eligibility requirements of the Sweepstakes, including without limitation the execution of required waivers, publicity and liability releases and disclaimers, and, at Sponsor’s discretion, successful completion of a background check, such individual will be declared either a “Grand Prize Winner” or a “Second Prize Winner” of the Sweepstakes.
5. PRIZE(S). Two (2) winning Entrants (each, a “Grand Prize Winner”) will each be awarded two (2) tickets to The Maxim Party 2017, a nightlife event currently scheduled to take place in Houston, Texas on February 4, 2017, for the Grand Prize Winner and one (1) guest who is at least twenty-one years of age (the “Grand Prize”). Two (2) Second Prize winners (each, a “Second Prize Winner”) will each be awarded one (1) limited edition MCM football (the “Second Prize”). The Grand Prize and the Second Prize may be individual referred to herein as a “Prize” or collectively as the “Prizes.” All details surrounding the Prizes will be within the sole and absolute discretion of Sponsor. Sponsor shall not be responsible or liable for the inability or failure to utilize a Prize by a Grand Prize Winner or a Second Prize Winner. All expenses not specified above, including, but not limited to travel to and from The Maxim Party 2017, accommodations, meals, beverages, mini-bar, souvenirs, gratuities, insurance, transfer fees, personal services, incidentals, etc., are the sole responsibility of the Grand Prize Winner or Second Prize Winner, whichever applies.
6. ODDS OF WINNING. The odds of winning this Sweepstakes are determined by and depend on the total number of eligible Entries received. A purchase will not improve your chances of winning.
7. TAXES. The Winner will be solely responsible for any and all applicable taxes, fees, and/or other expenses associated with acceptance and/or taking delivery of the Prize.
8. NO TRANSFER OR SUBSTITUTION. Prizes are not redeemable for cash, and no substitution, assignment, or transfer of the Prize, or any portion thereof, will be permitted, except that Sponsor reserves the right, in its sole discretion, to substitute the Prize, or any portion thereof, with either the cash value of the Prize that would have been awarded, or a prize of equal or greater value.
9. DISQUALIFICATION. Any false information provided by any Entrant concerning such Entrant’s identity or address or any non-compliance by an Entrant with these Rules may result in the immediate disqualification of the Entrant from this Sweepstakes. Persons found tampering with or abusing any aspect of this Sweepstakes, as determined by Sponsor, will be disqualified. If disqualified, Sponsor reserves the right to terminate the Entrant’s eligibility to participate in this and future promotions and Sweepstakes of Sponsor or any of its respective subsidiaries or affiliates. In the event any portion of this Sweepstakes is compromised by any non-authorized human intervention, action of Entrants, or other causes beyond the control of Sponsor which, in the opinion of Sponsor, corrupt or impair the integrity, administration, security, or operation of this Sweepstakes, Sponsor reserves the right, at its discretion, to suspend or terminate the Sweepstakes and award the prizes from all eligible Entries received prior to the action or compromise giving rise to the suspension or termination of this Sweepstakes.
10. CONSENT. Where permitted by law, entry into the Sweepstakes constitutes the Entrant’s consent for Sponsor and/or others authorized by Sponsor, without further compensation, to use the Entrant’s name, likeness, biographical data and contact information for editorial, advertising, trade, marketing, publicity, promotional, and administrative purposes in any manner and in any media now known or hereafter devised throughout the world in perpetuity without review, notification, compensation, or approval. Sponsor is under no obligation to use an Entry.
11. RELEASE. By participating in this Sweepstakes, each Entrant releases and holds Sponsor, and any other party associated with the development or administration of this Sweepstakes, their parents, subsidiaries, and affiliates, and each of their respective officers, directors, members, shareholders, employees, independent contractors, agents, representatives, successors, and assigns (collectively, the “Sponsor Group”), harmless from any and all liability, claims or actions of any kind whatsoever in connection with this Sweepstakes, including without limitation legal claims, costs, personal injuries, death, losses or damages of property, demands or actions of any kind (including without limitation rights of publicity, privacy, defamation, or portrayal in a false light). Sponsor expressly disclaims any responsibility or liability for injury or loss to any person or property relating to the delivery and/or subsequent use, misuse, or possession of any prize awarded. Except where prohibited, each Entrant agrees that any and all disputes which cannot be resolved between or among the parties and any claims or causes of action arising out of or connected with this Sweepstakes, any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. This indemnification and release section survives the expiration of the Sweepstakes Period
12. DISCLAIMERS; LIMITATION OF LIABILITY. THE SPONSOR GROUP MAKES NO WARRANTIES, REPRESENTATIONS OR GUARANTEES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, REGARDING THIS SWEEPSTAKES AND EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS OR WARRANTIES, INCLUDING THE IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY PRIZE OR ANY COMPONENT OF ANY PRIZE. Any and all warranties and/or guarantees on the Prize, or any portion thereof, (if any) are subject to the respective manufacturers’ terms and Winner agrees to look solely to such manufacturers for any such warranty and/or guarantee. IN NO EVENT WILL THE SPONSOR GROUP BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, EXPECTATION, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES, ANY ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES AWARDED IN CONNECTION WITH THIS SWEEPSTAKES, OR CLAIMS BASED ON PUBLICITY RIGHTS OR INVASION OF PRIVACY. The value of the Prize set forth herein represents Sponsor’s good faith determination of the approximate retail value thereof; the actual fair market value as ultimately determined by Sponsor is final and binding and cannot be challenged or appealed. In the event the stated approximate retail value of a prize is more than the actual fair market value of that prize, the difference will not be awarded in cash or otherwise. No substitution or compensation will be given for any portion of the prize that is not used.
13. DISPUTES; BINDING ARBITRATION. The parties hereby waive their rights to trial by jury in any action or proceeding instituted in connection with these Rules and/or this Sweepstakes. Any controversy or claim arising out of or relating to these Rules and/or this Sweepstakes shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in New York, New York, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. 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. Any and all disputes that arise relating to this Sweepstakes must be filed within one (1) year from the date that the Winner(s) is announced. Any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred including costs associated with entering this Sweepstakes, if any, but in no event shall any award include attorneys’ fees.
14. SEVERABILITY. The failure to exercise or enforce any right or provision of these Rules shall not constitute a waiver of such right or provision. If any part of these Rules is held by a court of competent jurisdiction to be invalid or unenforceable, that part will be enforced to the maximum extent permitted by law, and the remainder of these Rules will remain fully in force.
16. OFFICIAL RULES; WINNER LIST: To obtain a copy of these Rules or a winner list by mail, send a separate, self-addressed, stamped envelope, to: MCM x Maxim Big Game Sweepstakes c/o Maxim Inc., 268 West 44 Street, 5th Floor, New York, NY 10036 by February 2, 2017. Sponsor will send requested winner lists within two months after the Prize is awarded.
17. SPONSOR. This Sweepstakes is sponsored by MCM Products USA, Inc., 681 Fifth Avenue, Tenth Floor, New York, NY 10022 (the “Sponsor”).