Sotheby’s Home – New Year New Home Sweepstakes
SOTHEBY’S HOME “NEW YEAR, NEW HOME” SWEEPSTAKES OFFICIAL RULES
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT DOES NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
BY ENTERING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SPONSOR (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1) Sweepstakes Timing. The Sotheby’s Home “New Year, New Home” Sweepstakes (the “Sweepstakes”) begins January 14, 2019 at 9:00 AM ET (the “Start Date”) and ends on February 5, 2019 at 11:59 PM ET (the “End Date”) (the Start Date through the End Date, the “Sweepstakes Period”). The computer clock of the Sponsor is the official time-keeping device for the Sweepstakes.
2) Eligibility. Limit one Entry per person (regardless of method of entry). All entries must be received during the Sweepstakes Period to be eligible. The Sweepstakes is open only to legal residents of forty-seven (47) U.S. states (excluding residents of Alaska, Hawaii, Rhode Island, Puerto Rico, Guam, the Virgin Islands, and other U.S. territories), who are at least eighteen (18) years old and have reached the age of majority in their state or territory of residence as of the date of entry. Employees, officers, and directors of Sotheby’s Home (the “Sponsor”), DojoMojo (the “Administrator”), and each of their respective parent companies, subsidiaries, divisions, affiliates, suppliers, distributors, and their respective advertising, contest, fulfillment, and marketing agencies (collectively, the “Sweepstakes Parties”) and the immediate family members (spouses, parents, children, siblings, and their respective spouses) and persons living in the same households as such individuals (whether related or not) are not eligible to participate in the Sweepstakes.
Participation constitutes entrant’s full and unconditional agreement to these Official Rules (“Rules”) and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is void in any state, province, or jurisdiction outside of the United States and/or excluded above and otherwise where prohibited by law, rule, or regulation.
Alternate Method of Entry: On a plain 3×5 inch piece of paper or index card, print or type your first name, last name, birth date, full mailing address (no P.O. Boxes), email address (optional), daytime and evening telephone numbers including the area code(s), and the name of the Sweepstakes (a “Mail-In Entry” and each of a Mail-In and Online Entry constituting an “Entry”). Mail your Mail-In Entry to: Sotheby’s Home, Attn: Sweepstakes Entries, 584 Broadway, Suite 1103, New York, NY 10012. Mail-In Entry must be received by the End Date to be valid. No mechanically reproduced Entries are permitted. No responsibility is assumed for lost, late, illegible, mutilated, misdirected, or postage-due Entries. All Mail-In Entries become the property of Sponsor and will not be returned or acknowledged.
No responsibility is assumed for (i) technical, electronic, telephone, hardware, software or network, computer, or data transmission errors, malfunctions, or difficulties of any kind or (ii) any incorrect data contained in any Entry.
4) Entry Disqualification. Any attempt by any entrant to obtain more than the stated number of Entries by using multiple/different email addresses, identities, registrations, logins, or any other method will void such Entries and that entrant may be disqualified. Entries that are forged, altered, incomplete, garbled, or generated by a macro or with intent to subvert the entry process will not be accepted and are void. Entries made by an individual or entity on behalf of a named entrant, and/or originating at any other website than the Sweepstakes Site, including, without limitation, commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified. In the event of a dispute as to any Entry, the Authorized Account Holder of the email address used to enter will be deemed to be the entrant, but only if that person meets all other eligibility criteria for this Sweepstakes. The authorized account holder is the natural person assigned 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 address (the “Authorized Account Holder”). The potential winner may be required to show proof that he/she is the Authorized Account Holder. If, in Sponsor’s sole determination, a dispute cannot be resolved, the Entry will be deemed disqualified.
The Sponsor reserves the right at its sole discretion to disqualify any individual that tampers or attempts to tamper with the entry process or the operation or administration of the Sweepstakes; violates the Rules; or acts in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person.
Any attempt by any person to deliberately undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law.
5) Sweepstakes Drawing/Odds. On or about February 7, 2019, the Administrator will select one (1) potential winner in a random drawing from all eligible entries. The odds of winning the Prize depend on the number of eligible Entries received.
6) Potential Winner Notification. The potential winner will be notified by email and/or by telephone within a reasonable amount of time after the end of the Sweepstakes (the “Initial Notification”). Potential winners will have five (5) business days from the date of the Initial Notification to respond. Potential winners may be required to execute, notarize, and return an affidavit of eligibility; release of liability; and, where legal, a publicity release (the “Acceptance Documentation”), together with a 1099 tax form and copy of a photo ID within ten (10) business days of date of issuance or the Prize will be forfeited and an alternate winner selected. Return of any Prize/Prize notification or failure to return the Acceptance Documentation will result in disqualification and an alternate will be selected. Potential winner becomes the official prize winner only after verification of eligibility by Administrator (upon eligibility, the “Prize Winner”). If such potential winner cannot be contacted within five (5) business days, if the potential winner is ineligible, if any notification is returned undeliverable, or if the potential winner otherwise fails to fully comply with these Official Rules, he/she will forfeit the Prize and an alternate Prize Winner will be selected by a random drawing from all remaining Entries received. Administrator will attempt to contact a maximum of three (3) potential winners. If no potential winner qualifies to receive the Prize, it will not be awarded.
7) Prize and Approximate Retail Value (“ARV”). The prize (“Prize”) will consist of:
• One (1) $300 gift card to Sotheby’s Home;
• One (1) $300 gift card to Artspace;
• One (1) Phaidon library (ARV $300);
• One (1) Solé bicycle (excluding the Electric X Solé bicycle) (ARV $359);
• One (1) W&P Design prize package including two (2) Porter bowls (Prize Winner’s choice of color, pending availability), one (1) copy of Lunch!, one (1) copy of Host, one (1) Host Board (ARV $250); and
• One (1) five-month Artisan Cheese Subscription from Tasting Board (ARV $320).
The Total ARV of the Prize is $1,829.00.
Each of Artspace, Phaidon, Solé, W&P, and Tasting Board a “Prize Provider” as used herein.
8) Prize Restrictions. The Prize is subject to the following restrictions:
Sweepstakes Parties are not responsible for late, lost, stolen, damaged, delayed, or undelivered prizes. Prize winner must be 18 or older and the age of majority in his/her state of residence to redeem the Prize. The Prize is subject to certain terms and conditions as specified thereon and by applicable Prize Provider. By entering this Sweepstakes and accepting the Prize, the Prize Winner agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes-related or Prize-related activity. Sponsor reserves the right in its sole discretion to conduct a background check on the Prize Winner and disqualify any individual who has been charged or convicted of a crime or, if Sponsor determines in its sole discretion that awarding a prize to such individual may reflect unfavorably on the Sponsor or Promotion Parties. Prize Winner understands and agrees that Sponsor has the right, in their sole discretion, to disqualify and remove Prize Winner from any activity at any time if the Prize Winner’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of Sweepstakes Parties or otherwise violates the policies of the Sweepstakes Parties, and in such a case, the Prize Winner will still be solely responsible for all taxes and other expenses related to the Prize.
THE PRIZE IS AWARDED “AS IS” WITH NO WARRANTY OR GUARANTEE. ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ARE HEREBY DISCLAIMED. ALL PRIZE DETAILS ARE AT SPONSOR’S SOLE DISCRETION. ANY COSTS AND EXPENSES ASSOCIATED WITH PRIZE ACCEPTANCE AND USE NOT SPECIFIED HEREIN AS BEING PROVIDED ARE PRIZE WINNER’S SOLE RESPONSIBILITY. PRIZE WINNER MAY NOT SUBSTITUTE, ASSIGN, OR TRANSFER PRIZE OR REDEEM PRIZE FOR CASH. SPONSOR RESERVES THE RIGHT TO SUBSTITUTE PRIZE FOR ONE OF COMPARABLE OR GREATER VALUE AT ITS DISCRETION.
9) Limitations of Liability. By participating in the Sweepstakes, the entrant agrees that the Sweepstakes Parties will have no liability whatsoever for and will be held harmless by entrant for any liability for any bodily injury, loss, cost, or damages of any kind to persons, including death and property damages, damages sustained due in whole or in part, directly or indirectly, from the Entry creation, the acceptance, possession, use, or misuse of the Prize or parts thereof, participation in any Sweepstakes-related activity, or any technical errors, printing errors, and any errors in the administration of the promotion. BY ENTERING THE SWEEPSTAKES, YOU HEREBY REPRESENT AND WARRANT THAT YOU HAVE READ THESE RULES AND ARE FULLY FAMILIAR WITH ITS CONTENTS. BY ENTERING THE SWEEPSTAKES, YOU AGREE THAT: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CAMPAIGN OR CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED, (IF ANY), NOT TO EXCEED ONE HUNDRED DOLLARDS ($100), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY PARTICIPANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND PARTICIPANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT-OF-POCKET EXPENSES NOT TO EXCEED ONE HUNDRED DOLLARS ($100), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) PARTICIPANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND PARTICIPANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
10) General Rules. By participating in the Sweepstakes, entrant agrees to be bound by these Rules and the decisions of the Sponsor and Administrator. In the event there is a discrepancy or inconsistency between disclosures and other statements contained in any Sweepstake materials and the Rules, the Rules shall prevail, govern, and control. All decisions as to these Rules and interpretations thereof are exclusively within the sole discretion of the Sponsor and may be changed from time to time without notice. The Sponsor reserves the right to cancel or modify the Sweepstake at any time without notice.
Sponsor is not responsible for any typographical or other errors in the offer, any technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, or delayed electronic communications caused by the user or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any human error which may occur in the processing of the entries in the Sweepstakes or for any liability for damage to any computer system resulting from or related to participation in or accessing or downloading information in connection with the Sweepstakes.
Sponsor’s failure to enforce any term of these Rules shall not constitute a waiver of that provision. Headings are solely for convenience and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof. If, for any reason, the Sweepstakes is not capable of running as planned, including because of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes which corrupt or affect the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, then the Sponsor reserves the right at its sole discretion to cancel, terminate, modify, or suspend the Sweepstakes and select the applicable Prize Winners in a random drawing from among all eligible Entries received prior to cancellation.
11) Intellectual Property. The Prize Winner hereby expressly grants to the Sweepstakes Parties and their respective designees all rights to use and publish his/her name, likeness (photographic or simulated), voice, biographical information and province of residence for all purposes, including without limitation, advertising, marketing, promotional and publicity purposes in connection with this Promotion (“Advertising”), in any and all media now or hereafter devised, worldwide in perpetuity, without any form of notice or any amount or kind of compensation or permission, except where prohibited by applicable law. All copyright, trademark, or other intellectual property rights in all Advertising and Entries shall be owned by Sponsor and/or its licensors, and each entrant and Prize Winner hereby disclaims and waives any claim of right to such Advertising. Such Advertising shall be solely under the control of Sponsor and/or its licensors, and each Prize Winner hereby waives any claim of control over the Advertising content as well as any possible claims of misuse of such Prize Winner’s name, likeness, or voice under contract, tort, or any other theory of law.
12) Choice of Law and Jurisdiction. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Rules, or the rights and obligations of entrants, Prize Winner, and/or Sweepstakes Parties in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of New York or any other jurisdiction), which might otherwise cause the application of the laws of any jurisdiction other than the State of New York. Any action seeking legal or equitable relief arising out of or relating to the Sweepstakes or these Rules shall be brought only in the courts of the State of New York. You hereby irrevocably consent to the personal jurisdiction of said courts and waive any claim of forum non-convenience or lack of personal jurisdiction they may have.
Each entrant hereby gives consent for Sponsor to obtain and deliver the information contained on his/her Entry to third parties (including Administrator) and Sweepstakes Parties for the purpose of administering the Sweepstakes and complying with applicable laws, regulations, and rules.
14) Tax Information. All federal, state, local, and other taxes on Prize, and any other costs and expenses associated with Prize acceptance and use not specified herein as being provided, are the sole responsibility of the Prize Winner. Prize Winner must provide a Form W-9 before prize will be awarded. A Form 1099-MISC will be issued to the Prize Winner.
15) Prize Winner Identification. To receive Prize Winner identification information, send a #10, stamped, self-addressed envelope to: “Sotheby’s Home Attn: Sweepstakes, 584 Broadway, Suite 1103, New York, NY 10012 by April 30, 2019. Vermont residents may omit return postage.
16) Sponsor/Administrator. The Sponsor of the Sweepstakes is Sotheby’s Home, 584 Broadway, Suite 1103, New York, NY 10012. The Administrator of the Sweepstakes is DojoMojo, https://Dojomojo.ninja/app.