OFFICIAL RULES FOR THE EVITE NIGHT OUT SWEEPSTAKES – SEATTLE
NO PURCHASE NECESSARY TO PARTICIPATE
VOID WHERE PROHIBITED
These are the Official Rules of Evite LLC’s (“Evite”) Night Out Sweepstakes – Seattle (the “Sweepstakes”). By entering into the Sweepstakes, you agree to these Official Rules.
1. ELIGIBILITY
The “Sweepstakes” is offered and open only to legal residents who are at least 21 years old and reside in Seattle, Washington. Employees and directors of Evite and The Viceroy (“Partner”), and each of their respective parent companies, affiliated and subsidiary companies, advertising and promotion agencies, and attorneys, and the immediate family or household members of such employees and directors are not eligible.
2. PROMOTIONAL PERIOD
The promotional period begins on August 1, 2008 at 12:00 a.m. Pacific Time, and ends on August 31, 2008 at 11:59:59 p.m. Pacific Time (the “Promotional Period”).
3. INFORMATION
By participating, you hereby acknowledge and agree that Evite shall be permitted to your registration data with Partner. Your registration data consists of the following: First Name, Last Name, Country, Zip Code, and E-mail Address.
4. ENTRY
To enter the Sweepstakes you must create and send an Evite invitation to at least two (2) guests (other than yourself, as the host) at two (2) valid e-mail addresses. The Evite invitation must be sent to the invited guest list within the Promotional Period. The event location listed on the Evite invitation must read “The Viceroy.” The time and date of the event for which the Evite invitation is sent must occur by or before August 31, 2008. By listing The Viceroy as your event location, you have indicated that you are accepting the Official Rules for this Sweepstakes.
To send an Evite invitation you must have or create an Evite.com account with a valid e-mail address. If you are a new user creating a new Evite.com account, you will need to respond to the verification e-mail to complete your account registration. For your security, you will not be able to send an Evite invitation until we verify your e-mail address. If you do not receive the verification e-mail, please check your SPAM/bulk folder or return to Evite.com, click on My Account link and then click the “Verify your account” link under your “To-do List.”
TO ENTER BY MAIL WITHOUT UNDERTAKING OF THE ABOVE ACTIVITIES: On a U.S. Post Office standard issue 3½ x 5 inch postcard in black or blue ink, hand print your full name, complete home address including zip code, month and year of birth, e-mail address (if available), and in the upper right hand corner of the card, your home phone number (including area code) followed by your first, middle and last initials and mail to: Evite Night Out Sweepstakes – Seattle, c/o Evite LLC, 8833 Sunset Blvd., 3rd Floor, West Hollywood, California 90069. Each properly completed card received by August 31, 2008 will receive one (1) entry into the Sweepstakes. No metered mail, or copies, facsimiles or mechanical reproductions accepted.
No responsibility is assumed for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail; or for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, unauthorized human intervention, or the incorrect or inaccurate capture of entry or other information, or the failure to capture any such information.
5. DRAWING
On or about September 1, 2008, a random drawing to select three (3) Grand Prize winners. Winners will be notified by e-mail, phone or regular mail on or about September 9, 2008 (“Prize Notification”).
6. PRIZE/ODDS
There will be three (3) Grand Prizes, each of which consists of the following:
• A single two hundred dollar ($200.00) credit at The Viceroy. The credit can be used to purchase drinks or food at The Viceroy until November 1, 2008. The total actual retail value of the Grand Prize is US $200.00.
The odds of winning the prize depend on the number of eligible entries for that prize. No assignment, transfer, conversion to cash or cash redemption or substitution of prize is permitted, but Evite reserves the right to substitute a prize of comparable or greater value should the prize become unavailable.
If the prize is not claimed in 48 hours, the prize will be forfeited and awarded to an alternate winner. Each winner must be at least 21 years old to claim a prize.
Taxes incurred by the winner as a result of winning the prize are solely the responsibility of winner.
7. GENERAL CONDITIONS
Winners may be required to complete, execute and return an Affidavit of Eligibility, a Liability Release, and where lawful, a Publicity Release within seven (7) days of Prize Notification. Failure to return documents in a timely manner, the return of the prize or Prize Notification as non-deliverable, non-compliance by the winner of these Official Rules, or other ineligibility of the winner, may result in disqualification with an alternate winner selected.
Where permitted by law, the winner (and in those instances when interim drawings have taken place, potential winners who have been selected in the interim drawings) agrees to grant to Evite, and those acting pursuant to its direction or control (and will confirm such grant in writing upon request), the right to print, publish, broadcast and use, worldwide in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the winner's name, portrait, picture, voice, likeness and biographical information as news or information and for advertising, trade and promotional purposes without additional consideration, and without notification, review or approval.
Failure to make such appearances or grant such rights may result in disqualification with an alternate winner or potential winner selected; and while not obligated to do so, Evite may in its sole discretion, bear such reasonable costs and expenses which Evite, in its sole discretion, deems appropriate for winners or potential winners to appear for a presentation or other activity.
By accepting a prize a winner agrees that any Affidavit and/or Releases, and any grant of permission to use the winner's name, portrait, picture, voice, likeness and biographical information, as stated above, may be secured by Evite electronically, for example but not limited to, by e-mail or by facsimile, and such secured Affidavit and/or Releases and permission will have the same force and effect as if any of them had been secured in a written document which was physically executed by the winner.
Further, by accepting a prize, each winner releases and agrees to hold harmless Evite and Partner and each of their respective parent companies, affiliates, subsidiaries, advertising and promotion agencies and their respective directors, officers, employees, representatives and agents, from any and all liability for any injuries, loss or damage of any kind to person, including death, and property, arising in whole or in part, directly or indirectly, from acceptance, possession, use or misuse of a prize, participation in any Sweepstakes related activity, or participation in this Sweepstakes.
Evite reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the Sweepstakes or Evite.com; to be in violation of the Terms of Service of Evite.com; to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike 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 (an “Automated Cheat”) will void all such entries by such methods and persons using any such methods will be disqualified. Each entry submission must be manually key stroked and manually entered by the individual entrant; automated and/or repetitive electronic submission of entries (including but not limited to entries made using any Automated Cheat) will be disqualified and transmissions from these or related e-mail or IP addresses may be blocked. The accumulation of entries generated through Automated Cheats is also strictly prohibited, regardless of whether the Automated Cheat was used in connection with your Evite.com account. Evite’s determination of whether an account is accumulating entries generated through Automated Cheats is in Evite’s sole discretion.
If for any reason this Sweepstakes is not capable of running as planned due to infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which, in the sole opinion of Evite, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Evite reserves the right to cancel, terminate, modify or suspend the Sweepstakes and conduct a random drawing to award the prizes using all eligible non-suspect entries received as of the date on which any such action is taken or as deemed fair and appropriate by Evite. If the Sweepstakes is terminated due to tampering or technical difficulties prior to its expiration date, notice will be posted at Evite.com.
ANY ATTEMPT BY A USER OR ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE EVITE.COM OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, EVITE RESERVES THE RIGHT TO SEEK DAMAGES AND COSTS (INCLUDING WITHOUT LIMITATION, ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
8. LIMITATIONS OF LIABILITY
Evite assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Evite is not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Evite on account of technical problems, human error or traffic congestion on the Internet or at any web site, or any combination thereof.
Evite is not responsible for any incorrect or inaccurate capture of information or the failure to capture such information, whether caused by web site users, tampering or hacking, or by any of the equipment or programming associated with or utilized in the Sweepstakes and assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to the web site. Evite is 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 web site.
IN NO EVENT WILL EVITE OR PARTNER OR ANY OF THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES, ACCESS TO AND USE OF EVITE.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, ANY PRIZES AND EVERYTHING ON EVITE.COM IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Some jurisdictions may not allow the limitations or exclusion of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding these limitations or exclusions.
9. DISPUTES
All disputes arising out of or relating to these Official Rules or the Sweepstakes (a) will be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to conflict of laws principles; and (b) commenced in the state or federal courts sitting in the County of New York in the State of New York. EACH PARTY WAIVES ANY RIGHT TO TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.
In the event of a dispute as to the identity of a winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” means the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
10. WINNERS LIST
For a list of the names of winners, mail a self-addressed stamped envelope for receipt by September 9, 2008 to: Evite Night Out Sweepstakes – Seattle WINNERS, c/o Evite LLC, 8833 Sunset Blvd., 3rd Floor, West Hollywood, California 90069. For a copy of the Official Rules, mail a self-addressed stamped envelope for receipt by September 9, 2008 to: Evite Night Out Sweepstakes – Seattle OFFICIAL RULES, c/o Evite LLC, 8833 Sunset Blvd., 3rd Floor, West Hollywood, California 90069. The list of winners will also be published on Evite.com.
11. SPONSOR
Evite LLC, 8833 Sunset Blvd., 3rd Floor, West Hollywood, California 90069.