Official Rules For The "Lexus Thursday" Sweepstakes
No Purchase Required To Enter Or Win
OFFICIAL RULES FOR THE “LEXUS THURSDAY” SWEEPSTAKES
NO PURCHASE REQUIRED TO ENTER OR WIN
1. ELIGIBILITY: The “Lexus Thursday” Sweepstakes (the “Sweepstakes”) is open only to legal residents of fifty (50) United States (including the District of Columbia) who are at least eighteen (18) years of age or older. Employees of The Daily Beast, Lexus, their affiliates, or other companies associated with the promotion of the Sweepstakes, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible.
2. SPONSOR: The Sweepstakes is sponsored by RTST, Inc., 555 West 18th Street, 3rd Floor, New York, NY, 10001 (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES: Participation in the Sweepstakes constitutes an entrant’s full and unconditional agreement to and acceptance of these Official Rules and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein.
4. HOW TO ENTER: There are four (4) Sweepstakes. The first Sweepstakes begins 3:00:01PM ET on September 9th, 2010 and ends at 11:59:59 PM ET on September 15th, 2010; the second Sweepstakes begins 3:00:01 PM ET on September 16th, 2010 and ends at 11:59:59 PM EST on September 22nd, 2010; the third Sweepstakes begins 3:00:01 PM EST on September 23rd, 2010 and ends at 11:59:59 PM ET on September 29th, 2010; the fourth Sweepstakes begins 3:00:01 PM ET on September 30th, 2010 and ends at 11:59:59 PM ET on October 6th, 2010 (the “Entry Periods”). During the Entry Periods, either visit www.thedailybeast.com, follow the links to the Sweepstakes page and complete the online entry form or sign into your account at www.twitter.com and tweet: #lexus. Once you submit the entry form or you tweet as instructed above, you will receive one (1) Sweepstakes entry for the applicable Entry Period. There is a limit of one (1) tweet per person and e-mail address for the Sweepstakes. Any entries attempted through the use of agencies or robotic, repetitive, automatic, programmed, or similar methods will be void.
5. DRAWINGS: On or about the ___ days after the end of each Entry Period, the Sponsor will select the winner in a random drawing of all entries for the applicable Sweepstakes. The odds of being selected depend on the number of entries received. The Sponsor will attempt to notify potential winners within two (2) days of the drawings. If a potential winner cannot be contacted within two (2) days after the first attempt to contact him/her, the Sponsor will select an alternate potential winner in his/her place at random from all remaining entries received. After attempting to choose a winner from ______ (_) entrants, Sponsor may elect not choose a winner.
6. REQUIREMENTS OF POTENTIAL WINNER: Except where prohibited may each be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within five (5) days of being notified. If a potential winner and his/her guest fail to sign and return the Affidavit/Releases within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received in accordance with the procedures above.
7. PRIZE: Four (4) Grand Prizes are available (total est. value $28.00 for first Sweepstakes, $27.95 for second Sweepstakes, $14.95 for third Sweepstakes, and $27.00 for the fourth Sweepstakes). The winner of the first Sweepstakes shall receive an author signed copy of The Men Who Would be King: An Almost Epic Tale of Moguls, Movies, and a Company Called Dreamworks. The winner of the second Sweepstakes shall receive an author signed copy of The Zeroes: My Misadventure in the Decade of Wall Street Went Insane. The winner of the third Sweepstakes shall receive an author signed copy of Angel Face: The True Story of Student Killer Amanda Knox. The winner of the fourth Sweepstakes shall receive an author signed copy of Growing Up Laughing: My Story and the Story of Funny. Each Grand Prize is nonassignable and nontransferable. Any prize details not specified above will be determined by the Sponsor, in its sole discretion. All expenses, costs, and taxes not expressly listed above are solely the winner’s responsibility. No cash or other substitution is allowed except by the Sponsor who may substitute a prize (or component thereof) with another prize (or component thereof) of equal or greater value if the advertised prize becomes unavailable, each as determined by the Sponsor in its sole discretion. The prize may be reported as income to a winner and the winner will be responsible for payment and reporting of all applicable taxes associated with the receipt of a prize.
8. GENERAL CONDITIONS: In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) award the prize at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify (or to terminate the prize experience for) any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Failure by the Sponsor to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the participant. The “authorized account holder” is the natural person who is assigned to an email address by an Internet access provider, online service provider, or other organization responsible for assigning email addresses for the domain associated with the submitted e-mail address. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited.
9. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, entrants and the guest of the winner agree to release and hold harmless the Sponsor, RTST, Inc., Lexus, their respective parents, subsidiaries and affiliated entities and each of their shareholders, officers, directors, employees, and agents (the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any prizes, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Sweepstakes or the processing of entries; or (f) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from entrant’s and/or their guest’s participation in the Sweepstakes or receipt or use or misuse of any prize. Entrant further agrees that in any cause of action, the Released Parties’ 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 attorney’s fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. Because of the unique nature and scope of the Sweepstakes, Sponsor reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) or terms set forth in these Official Rules or otherwise governing the Sweepstakes (including but not limited to the right to terminate the Sweepstakes and/or prize early and/or changing the name of the Sweepstakes).
10. DISPUTES: Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the County of New York, State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of New York, without giving effect to any choice of law or conflict of law rules (whether of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than New York.
11. SWEEPSTAKES RESULTS: To request a winners list, send a self-addressed, stamped envelope to “Lexus Thursday” Sweepstakes’ Winners List, RTST, 555 West 18th Street, 3rd Floor, New York, NY, 10011.” Requests must be received within four (4) weeks of the end of the Entry Periods for each respective Sweepstakes.