OFFICIAL PICTURE YOURSELF HERE RULES
NO PURCHASE IS NECESSARY TO ENTER OR WIN A PRIZE
Emmis Publishing, L.P. d/b/a Los Angeles magazine (“Emmis”) and Cadillac, have teamed up to give Emmis readers a chance to win four (4) pairs (2) of tickets to the 2013 Concern Foundation Block Party on July 13, 2013 at Paramount Studios where participants can then enter for a chance to win a weekend getaway chauffeured in a Cadillac ATS in the Picture Yourself Here (the “Contest”). This Contest is governed by these Rules. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Contest (“Participant”) agrees to be bound by the terms and conditions provided in these Rules, as well as by all interpretations of these Rules by Emmis and by all other decisions of Emmis which are final and binding in all matters relating to the Contest.
NO PURCHASE NECESSARY:
No purchase is necessary to enter or win a prize. A purchase will not improve your chances of winning.
APPLICABLE LAW (VOID WHERE PROHIBITED):
All Contests are subject to and governed by applicable federal, state and local laws and regulations. Participation in this Contest is void where prohibited or otherwise restricted by law.
Emmis Communications LP d/b/a Los Angeles magazine , 5900 Wilshire Blvd., 10th Floor, Los Angeles, CA 90036
Cadillac Division, General Motors LLC located at 515 Marin Street, Suite 226, Thousand Oaks, CA 91360. The Sweepstakes is in no way sponsored, endorsed, administered by, or associated with Twitter, Inc. or Instagram, LLC. All inquiries, questions, comments or complaints should be directed to Administrator or Sponsor.
CONTEST CANCELLATION, SUSPENSION OR MODIFICATION:
Administrator reserve the right to cancel, terminate, modify or suspend the Contest if it is not capable of being completed as planned for any reason, including, but not limited to, infection by computer virus, "bugs', tampering, unauthorized intervention, fraud, or technical failures of any kind or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of any such Contest. The decision of Administrator to cancel, terminate, modify or suspend any Contest shall be final in all respects.
The Contest for the four (4) pairs of tickets begins on July 1, 2013 at 11:59pm (PDT) and ends on July 7, 2013 at 11:59pm (PDT) (the “First Entry Period”) the contest for the weekend getaway portion of the contest begins on July 13, 2013 at 6:00pm(PDT) and ends on July 16, 2013 at 8:00am (PDT) (the “Second Entry Period”).
Geographical, Age and Parental Consent Requirements:The Contest is open to the legal United States residents of the state of California who are at least 21, years of age or older at time of entry (unless otherwise specified). If participant has not reached the age of majority in the jurisdiction in which the Participant resides, they must obtain permission from their parent or legal guardian prior to entering the Contest. Sponsor and Administrator reserve the right to refuse to award a prize to or on behalf of a minor.
Contest Entity and Immediate Family Member Ineligibility: The officers, directors, employees, contractors, and agents of Emmis, Emmis Communications Corporation, Emmis Operating Company, and General Motors LLC, and any other Sponsor(s) and any entity involved in the sponsorship, development, production, implementation and distribution of any Contest as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Contest Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in any Contest and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
Past Prize Winners: Participants who have won an Emmis Contest in the last thirty (30) days or who have won prizes valued over $600 in the last twelve (12) months are ineligible.
Employer Restrictions: Participant is solely responsible for reviewing and understanding Participant’s employer’s policies regarding Participant’s eligibility to participate in contests. Participant may be disqualified from entering into this Contest or receiving prizes if Participant is participating in this Contest in violation of their employer’s policies.
HOW TO ENTER:
To enter to win a Ticket Prize (a pair of tickets to the 2013 Concern Foundation Block Party), eligible Participants can go to to www.lamag.com and follow the entry instructions to win a pair of tickets to the 2013 Concern Foundation Block Party. All participants must accurately complete all required fields or entry will be deemed invalid. In order to participate you will need Internet access and a valid email address. Limit one entry per person. Limit one pair of tickets per person. All entries to win the pair of tickets must be received during the First Entry Period.
To enter to win the Weekend Getaway in a Cadillac ATS, Participants must take a picture in a Cadillac ATS and post to social media with hashtags #cadillac #pictureyourselfhere #(favorite place). The photos will be judged by a qualified panel of judges and the most creative entry with the most creative “favorite place” answer (and or additional hash tags) will be the winner of the Weekend Getaway for two chauffeured in a Cadillac ATS. All entries to win the weekend giveaway must be posted to Instagram or Twitter during the Second Entry Period. Limit one entry per person.
Entries Are the Sole and Exclusive Property of Administrator: All Contest entries and/or related submissions become the sole and exclusive property of the Administrator upon transmission. Contest entries will not be returned and may be used by any Contest Entity for any purpose whatsoever related to any Contest, without additional compensation to the participant or any other individual or entity.
Disclaimer of Responsibility for Entries: Administrator and Sponsor are not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of Administrator or Sponsor.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of, Administrator provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of the Administrator and/or Sponsor, Administrator and/or Sponsor are not responsible for any problems which affect or result from participation or attempted participation in the Contest. This includes but, is not limited to, the following problems:
Four (4) Ticket Prizes: Each ticket prize winner will receive two (2) tickets to the 2013 Concern Foundation Block Party on July 13, 2013 at Paramount Studios. Approximate Retail Value of each Ticket Prize is $700.
One (1) Weekend Getaway Prize: Weekend Getaway Prize winner will receive a weekend getaway in a Cadillac ATS. Approximate Retail Value is $3,750. Winner must be 21 years or older to drive the vehicle and must have a valid US driver’s license and insurance. The Cadillac vehicle selection is based on availability and no special requests will be honored. Drop off and pick up of the Cadillac is permitted to the city and county of Los Angeles only.
Approximate Retail Value of all prizes is $6,550.
No transfer, assignment or substitution of a prize is permitted, except Administrator and Sponsor reserve the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
Administrator and Sponsor are not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued.
Administrator and Sponsor are not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
The Participant prize-winner is solely responsible for determining and paying all income, federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
ODDS OF WINNING:
The odds of winning will depend on the number of eligible entries received.
Four Ticket Winners will be selected randomly on or about July 8, 2013 from among all eligible entries received online at www.lamag.com during the First Entry Period. Potential Winners will be contacted by Sponsor or Administrator by either phone or email on or about July 8, 2013.
One Weekend Getaway Winner will be selected by a qualified panel of judges on or about July 16, 2013 from among all eligible entries received through the #pictureyourselfhere hash tag feed on Instagram and/or Twitter for the weekend getaway for two in a Cadillac ATS. Potential Winner will be contacted by Sponsoror Administrator by social media on or about July 16, 2013.
HOW TO CLAIM A PRIZE:
Claiming the Prize: The Participant prize-winner must pick up their prize within thirty (30) days at Emmis’ business office located at 5900 Wilshire Blvd, 10th Floor Los Angeles CA 90036. The prize may be picked up any time between the hours of 9:00 a.m. and 5:00 p.m. (PDT) Monday-Friday but excluding holidays. The Sponsor and Administrator have the right in their sole discretion to mail the prize to the winner. Where this occurs, the winner will initially be sent the required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days of receipt of the forms may lead to forfeiture of the prize. Additionally, in the event the prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners are required to provide: (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. Sponsor and Administrator reserve the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in the Sponsors' or Administrator’s sole discretion.
Winner(s) are required to execute an Affidavit of Eligibility, Release of Liability, Indemnification and Publicity Release Agreement and a completed IRS W-9 before any prize is awarded. Winner’s travel partner(s) must be at least 21 years of age and are required to execute an Affidavit of eligibility, Release of Liability, Indemnification and Publicity Release Agreement prior to receiving the companion travel ticket. By entering the Contest, Participant agrees to execute these documents if selected as a winner. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Any winner who fails to pick up the prize within thirty (30) days from the date of winning for any reason, and fails to obtain an extension from Emmis, will forfeit the prize. Emmis reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
WARRANTIES AND REPRESENTATIONS:
By entering and participating in the Contest, and in consideration thereof, each Participant individually warrants and represents to Administrator that they: (i) meet the residency and age requirements at the time of entry; (ii) will be bound by these Rules and the General Rules, and by all applicable laws and regulations, and the decisions of the Administrator and Sponsor; and (iii) waive any rights to claim ambiguity with respect to these Rules and the General Rules.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering the Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUEEmmis, Emmis Communications Corporation, Emmis Operating Company, Cadillac Division, General Motors LLC, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, disc-jockeys, on-air personalities, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Furthermore, Participant expressly waives and relinquishes all rights and benefits afforded by Section 1542 of the Civil Code of the State of California, and does so understanding and acknowledging the significance and consequence of such specific waiver of Section 1542. Section 1542 of the Civil Code of the State of California states:
“A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Thus, notwithstanding the provisions of Section 1542, and for the purpose of implementing a full and complete release and discharge of the Released Parties, Participant expressly acknowledges that this release is intended to include, in its effect, without limitation, all claims which Participant does not know or suspect to exist in Participant’s favor at the time of execution hereof, and that this release contemplates the extinguishment of any such claim or claims. Participant acknowledges and agrees that this general release is specifically intended to be as broad and comprehensive as permitted by California law.
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to Emmis and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose Emmis and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
All participants agree to be bound by these Rules. Non-compliance with any of these Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsor and Administrator, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR AND ADMINISTRATOR RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
Administrator reserves the right in its sole discretion to supplement or make changes to these Rules as well as the rules of any contest at any time without notice. Administrator reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of California, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of California and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
GENERAL RULES/LIST OF WINNERS:
Copies of these Rules may be obtained by sending a self-addressed stamped envelope to: Picture Yourself Here Rules and/or Official Contest General Contest Rules, 5900 Wilshire Blvd, 10th Floor, Los Angeles CA 90036. These Rules and the General Rules may also be found at www.lamag.com.
For a list of any Contest winners send a self-addressed, stamped envelope to: Picture Yourself Here 's Winners List, 5900 Wilshire Blvd, 10th Floor, Los Angeles CA 90036.
Sponsor: Emmis Publishing L.P. DBA Los Angeles magazine, 5900 Wilshire Blvd. 10th Floor, Los Angeles, CA 90036.