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2020 SHARE THE LIGHT PHOTO CONTEST
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE THE CHANCES OF WINNING. CONTEST IS VOID WHERE PROHIBITED BY LAW.
1. Name of Contest and Sponsors: This contest is referred to as the “2020 Share the Light Photo Contest” (the “Contest”). The Contest is sponsored by The Magnificent Mile Association (the “MMA”) and BMO Harris Bank N.A. (“BMO Harris Bank,” and together with the MMA, the “Sponsors”). This Contest is in no way sponsored, endorsed or administrated by, or associated with, Facebook. Facebook is not affiliated with the Sponsors in any way.
2. Eligibility: This Contest is open to legal residents of the 50 United States (excluding Alaska, Florida, New York and Rhode Island) and the District of Columbia who are 18 years of age or older and not considered a minor in their state of residence at the time of entry. Employees of Sponsors and their parent companies, affiliates, subsidiaries, divisions, business units, and advertising and promotion agencies and members of each employee’s immediate family, defined as spouses, (biological, adoptive and step) parents, children, siblings, grandparents, grandchildren, and each of their respective spouses (regardless of where they reside) and those living in the same household of such employees (whether related or not) are not eligible to enter. The Contest is subject to all applicable federal, state, and local laws and regulations. Void where prohibited.
3. Agreement to Rules: By participating in the Contest, entrants agree to abide by and be bound by these Official Rules, and the decisions of the MMA, which will be final in all matters relating to the Contest.
4. Contest Period: Entries will be accepted online starting on Tuesday, November 17, 2020 at 5:00PM (CT) and ending Tuesday, January 5, 2021 at 11:59PM (CT) (“Contest Period”). All online entries must be received by Tuesday, January 5, 2021 at 11:59:59PM (CT). The MMA’s computer is the official time-keeping device for this Contest.
5. How to Enter: To enter: (i) visit https://www.themagnificentmile.com/lights-festival/sweepstakes-and-contests (the “Contest Website”) and submit an online entry form; (ii) upload a photo or video of your holiday memory; and (iii) click on the automatic link to share your photo or video. Entries that are incomplete or do not adhere to the rules or specifications may be disqualified at the sole discretion of the MMA. By submitting an entry, you agree that your photo or video, if selected as a winner, may be published by the Sponsors in any publications, advertisements or promotional materials (“Publications”) and posted on the Sponsors’ respective Internet websites. Once submitted, a photo or video may not be deleted, cancelled or modified. Photo and video submissions will be accepted at Sponsors’ discretion and must conform to the requirements set forth in these Official Rules. Limit one entry per person for the duration of the Contest Period. If more than one eligible entry is received per person, only the first such entry received will be deemed eligible.
6. Photo/Video Requirements: All photo or video submissions must be the original creation of the submitting entrant. Entrants understand and agree that photo or video submissions will be made available to the public, including, but not limited to, posting on the Internet and reproduction in any of the Sponsors’ Publications. Whether or not photo or video submissions are published on the Internet or in any Publication, Sponsors do not guarantee any confidentiality with respect to any submission. Photos and videos may not contain, as determined by the Sponsors, in their sole discretion, any content that:
Entry must not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity. If the entry contains any material or elements that are not owned by the entrant, and/or which are subject to the rights of third parties, the entrant is responsible for obtaining, prior to submission of the entry, any and all releases and consents necessary to permit the use and exhibition of the entry by Sponsors in the manner set forth in these Official Rules, including, without limitation, name and likeness permissions from any person who appears in or is identifiable in the entry. Sponsors reserve the right to request proof of these permissions in a form acceptable to Sponsors from any entrant at any time. Failure to provide such proof may, if requested, render entry null and void.
7. Prizes: The three (3) entrants receiving the highest number of votes on the Contest Website will receive a BMO Harris Bank MasterCard® Gift Card in the following amounts:
The approximate retail value of all prizes is $900. The odds of winning depend on the number of entries received and the number of votes that an entrant receives during the Contest Period. The prize is non-transferable. The prize may not be substituted for a different prize, nor may it be redeemed for cash. Sponsors are not responsible for replacing the gift card if it is lost, stolen, damaged or otherwise unavailable. Federal, state and local taxes, if any, are the sole responsibility of each winner.
8. Winner Selection and Notification: During the Contest Period, the public may visit the Contest Website at https://www.themagnificentmile.com/lights-festival/sweepstakes-and-contests and vote for the best photo. The determination of the Contest winners will be made by members of the public who access and vote through the Contest Website and not by the Sponsors. Votes by members of the public, including application of the judging criteria, are final, conclusive, and binding, and the Sponsors cannot control who chooses to participate in voting or how they will vote. The MMA reserves the right to void all votes made through any script, macro, robotic, automatic, mechanical, programmed or similar duplication method. Any attempt by any person to fraudulently circumvent the voting restrictions will result in disqualification of all such votes received and may result in disqualification of the winner for whom the improper votes were received if the MMA determines that the winner was involved in any way in the perpetration of such fraud.
At the conclusion of the Contest Period, the top three entrants receiving the most eligible votes will be eligible to receive a prize. In the event that two or more entrants tie with the most number of votes, the winner will be randomly selected. Potential winners will be notified by e-mail within five (5) days following selection. The potential winners will be required to execute and return an affidavit of eligibility and release of liability and publicity, unless prohibited by law. The Sponsors shall have no liability if a potential winner fails to receive notice as a result of spam, junk e-mail, or other security settings, or if the potential winner provides incorrect or otherwise non-functioning contact information. Potential winners will have 5 business days after they are contacted to claim the prize. If any potential winner does not respond to the prize notification within this time period or is otherwise ineligible or does not provide the required affidavit and release, disqualification and prize forfeiture will result, and an alternative winner will be selected. Receipt by the winner of the prize offered in this Contest is conditioned upon compliance with any and all federal, state, and local laws and regulations.
ANY VIOLATION OF THESE OFFICIAL RULES BY WINNER (AT THE MMA’S SOLE DISCRETION) WILL RESULT IN WINNER’S DISQUALIFICATION AS WINNER OF THE CONTEST, AND ALL PRIVILEGES AS WINNER WILL BE IMMEDIATELY TERMINATED.
9. General: By participating, each entrant agrees: (a) to abide by these Official Rules and decisions of the Sponsors, which shall be final in all respects relating to this Contest; (b) to release, discharge and hold harmless BMO Harris, the MMA, Facebook, Inc., and their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and the respective officers, directors, shareholders, employees, agents and representatives of the forgoing (collectively, "Released Parties") from any and all injuries, liability, losses and damages of any kind to persons, including death, or property resulting, in whole or in part, directly or indirectly, from entrant's participation in the Contest or any Contest-related activity or the acceptance, possession, use or misuse of any awarded prize; and (c) to the use of his/her name, voice, performance, photograph, entry, image and/or likeness for advertising, publicity and promotional purposes in any and all media, now or hereafter known, worldwide, including publication in any Publication and posting on the Internet, and in perpetuity by Sponsors and their designees, without compensation (unless prohibited by law) or additional consents from entrant or any third party and without prior notice, approval or inspection, and to execute specific consent to such use if asked to do so.
Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, damaged, or garbled entries or votes; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, viruses, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest.
By submitting an entry, each entrant agrees to grant the Sponsors and their designees an exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exploit the copyright, publicity, and database rights entrant has in the entry, and any ancillary and subsidiary rights therein in any media now known or not currently known, with respect to the entry. The Sponsors reserve all rights, including the right to edit, publish, use, adapt, exploit, modify, copy, disseminate or dispose of any entry, the concepts embodied therein or any elements thereof, proper names, likenesses, addresses and locations, online, in print, film, television, or in any other media for advertising and promotional purposes without compensation or notification to the entrant of any kind, except as prohibited by law.
Sponsors’ decisions will be final in all matters related to this Contest, the interpretation of these Official Rules and awarding of the prizes. If the Contest is not capable of running as planned for any reason, Sponsors reserve the right, in their sole discretion, to cancel, modify or suspend the Contest.
The Sponsors shall have the right, in their sole discretion, to modify, suspend, cancel or terminate the Contest without further obligation, including in the event the Sponsors are prevented from continuing or completing this Contest, or the integrity or feasibility of the Contest is undermined by any event or cause not reasonably within the Sponsors’ control, including but not limited to electronic disruption, virus, bugs, tampering, printing or production errors.
The MMA reserves the right, in its sole discretion, to disqualify any individual who tampers or attempts to tamper with the entry process or the operation of the Contest or website or violates these Official Rules. The MMA has the right, in its sole discretion, to maintain the integrity of the Contest, to void votes for any reason, including, but not limited to: the use of bots, macros, scripts, or other technical means for entering. Any attempt by an entrant to deliberately damage any website or undermine the legitimate operation of the Contest may be a violation of criminal and civil laws. Should such an attempt be made, the MMA reserves the right to seek damages to the fullest extent permitted by law.
10. Applicable Laws and Jurisdiction: The Contest is subject to all applicable federal, state and local laws and regulations. Issues concerning the construction, validity, interpretation and enforceability of these Official Rules shall be governed by the laws of the State of Illinois, without regard to any principles of conflict of laws. All disputes arising out of or in connection with the Contest will be resolved individually, and without resort to class action, exclusively by a state or federal court located in Chicago, Illinois.
12. Winners List: To obtain a copy of the Winner’s name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: The Magnificent Mile Association, 625 N. Michigan Avenue, Suite 401, Chicago, IL 60611, USA.. Requests must be received no later than January 3, 2022 at 11:59 PM (CT).
13. Sponsors: The Sponsors of the Contest are: The Magnificent Mile Association, 625 N. Michigan Avenue, Suite 401, Chicago, IL 60611, USA, and BMO Harris Bank N.A., 111 West Monroe St, Chicago, IL 60603.
 Gift cards are NOT FDIC insured. Funds loaded onto the gift card will not expire with the card. The gift card will expire on the last day of the month shown on the front of the card (cards will not be issued with an expiration date of less than five and a half (5½) years). To obtain your available balance after your card expires, call 1-800-650-0843. The following fees apply:
- Card inactivity fee: $3. This is assessed each month after any 12-month period of inactivity and only when the card remains inactive.
- Check issuance fee: $10. To the extent allowed by applicable law, BMO Harris Bank will charge a check issuance fee to the gift card recipient for the remaining balance on the card if, at the recipient’s request, the card is closed prior to its expiration date; provided, however that, not such check issuance fee shall apply if the bank is able to transfer the remaining balance on the card to a BMO Harris Bank deposit account.
Disclaimer language to be used with this sweepstakes:
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ELIGIBLE ENTRIES RECEIVED. VOID WHERE PROHIBITED BY LAW. Sweepstakes open to residents of the 50 United States and the District of Columbia (excluding Alaska, Florida, New York, Rhode Island, Guam, Puerto Rico, and all other U.S. and Foreign Territories and Possessions), 19 years or older. Sweepstakes begins on 11/19/2020 at 5:00 p.m. Central Time (CT) and ends on 1/14/2021 at 11:59 p.m. CT. ARV of all prizes: $8,547.48 USD. Subject to full Official Rules at https://www.themagnificentmile.com/lights-festival/sweepstakes-and-contests/official-rules.
Sponsor: The Magnificent Mile® Association.
THE MAGNIFICENT MILE LIGHTS FESTIVAL SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING ALASKA, FLORIDA, NEW YORK, RHODE ISLAND, GUAM, PUERTO RICO, AND ALL OTHER U.S. AND FOREIGN TERRITORIES AND POSSESSIONS), WHO HAVE REACHED THE AGE OF 19. VOID WHERE PROHIBITED. ALL FEDERAL, STATE, AND LOCAL REGULATIONS APPLY.
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY/RELEASE OF LIABILITY/PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT. READ THESE RULES CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SWEEPSTAKES PERIOD: The entry period for The Magnificent Mile Lights Festival Sweepstakes (the “Sweepstakes”) begins on November 19, 2020, at 5:00 p.m. Central Time (CT), and ends on January 14, 2021, at 11:59:59 p.m. CT (the “Sweepstakes Period”). Sponsor’s computer is the official clock for this Sweepstakes.
2. ELIGIBILITY: The Magnificent Mile® Association (“Sponsor”), employees of Southwest Airlines Co., Walt Disney World®, and its affiliates, subsidiaries, divisions, fulfillment and advertising and promotion agencies (collectively, the “Sweepstakes Entities”) and their immediate family members (spouse, parent, child, sibling, and their respective spouses, regardless of where they reside) and those living in the same household of each such employee, whether or not related, are not eligible to enter or win. The Sweepstakes is open only to natural persons who are permanent legal residents of the fifty (50) United States or District of Columbia (excluding Alaska, Florida, New York, Rhode Island, Guam, Puerto Rico, and all other U.S. and Foreign Territories and Possessions) who are physically located and residing therein and who are at least nineteen (19) years of age or older at the time of entry (“Entrant”).
Entrants may be required to provide proof of eligibility. Eligibility determinations will be made by Sponsor. Sponsor reserves the right to disqualify Entrants who violate these Official Rules or interfere with this Sweepstakes in any manner.
3. HOW TO ENTER:
METHOD OF ENTRY: There is one (1) method of entry for this Sweepstakes. NO PURCHASE NECESSARY TO ENTER OR WIN. Entrants may enter by submitting an entry at https://woobox.com/z3f6qt containing Entrant’s First Name, Last Name, Email and Zip Code (“Entrant Data”). Each Entrant may enter only one (1) time; duplicate entries, entries using multiple identities, and entries generated by script, macro, or other automated means will not be valid, and these entries will not be acknowledged.
Each Entrant agrees and confirms that Sponsor and its agents may use the Entrant’s name, photograph, and/or likeness for the Sweepstakes and for all lawful promotional, marketing, and advertising purposes, in any and all media worldwide in perpetuity. Entries may be used by the Sponsor for any lawful purpose without the permission of the Entrant or any consideration apart from participation in the Sweepstakes in accordance with these Official Rules. Entries may be publicly posted on the Sponsor website, Sponsor social media, and/or in other media. The Sponsor may, but is under no obligation to, verify the Entrant’s information prior to publication.
4. PRIZES, PRIZE DRAWING, AND ODDS OF WINNING:
PRIZE WINNER: Prize Drawing will be conducted by Sponsor on or around January 14, 2021. There will be one (1) individual Grand Prize Winner and (10) recipients of qualifying prizes that will be randomly selected amongst the eligible Entrants who submitted their information during the Sweepstakes Period (“Potential Winners”). Sponsor will select the Potential Winners randomly from among all eligible entries, and the Entrant that completes all eligibility requirements will be chosen as “the Winner” (further defined below). Odds of winning will depend on the number of eligible entries received.
One (1) Grand Prize winner will receive one (1) vacation package for four (4) persons for four (4) nights and five (5) days at Walt Disney World® Resort.
(The estimated retail value of the Grand Prize is US $8,547.48.)
The vacation package will consist of the following:
Ten (10) qualifying prize winners will receive a Fifty-dollar ($50) Disney Gift Card.
Southwest Airlines® Air Travel Restrictions:
Air travel is subject to Southwest Airlines terms and conditions; certain restrictions may apply. Round trip travel for four (4) on Southwest Airlines will be awarded in the form of eight (8) one-way Southwest flight e-passes. Each Southwest flight e-pass is valid for one-way travel on Southwest Airlines-operated, published, scheduled service in the United States and Puerto Rico. The Southwest flight e-pass will bear the date of issue and the date of expiration. Expiration dates will not be extended, and travel must be completed on or before the expiration date. The Southwest flight e-pass is not valid on interline or codeshare service. The Southwest flight e-pass is non-refundable and is not redeemable for cash or credit. The Southwest flight e-pass will not be replaced for any reason, including, without limitation, if lost, stolen, or fraudulently used. The Southwest flight e-pass is non-transferrable and cannot be sold to a third party. Sale, auction, or re-tendering of the Southwest flight e-pass for money or otherwise is strictly prohibited. The Southwest flight e-pass may not be used for promotional purposes unless previously approved by Southwest Airlines. Any suspected fraud, misrepresentation, misuse, abuse or violation of the Southwest flight e-pass rules and regulations may result in cancellation of the Southwest flight e-pass(es). Southwest flight e-pass holders are required to be nineteen (19) years of age or older and a legal U.S. resident. However, the recipient of a Southwest flight e-pass may arrange travel for another person if done without selling or bartering a Southwest flight e-pass. Air transportation by Southwest Airlines is subject to Southwest Airlines’ Passenger Contract of Carriage set out at https://www/southwest.com/contractofcarriage. If the winner does not live in a city served by Southwest Airlines, he/she is responsible for transportation to and from the nearest airport served by Southwest Airlines. Winner is responsible for booking all travel and paying all applicable international taxes and fees. Travel is based on seat availability. Seats on any desired flight are not guaranteed. Winner and guest(s) must travel on the same itinerary and are responsible for obtaining all required travel documents. Winner and guest must have valid government-issued photo identification at the time of travel. If the travel guest is a minor, winner must be his/her parent/guardian, or be accompanied by his/her parent/guardian.
Walt Disney World® Resort:
All ground transportation fees and expenses, accommodations, meals, and other expenses not specifically set forth in these Official Rules as being borne by Sponsor are the sole responsibility of the Winner. All elements of the prize are subject to availability and other restrictions. If the winner chooses to bring less than the allotted number of guests, the prize will be awarded in increments suitable for the actual number of participants with no substitute prize or compensation provided to the Winner. Airport transfers and any baggage or upgrade fees are not included and are the responsibility of the Winner. Hotel blackout periods and other restrictions may apply. Winner is responsible for obtaining proper documentation prior to travel, including, if necessary, passports and visas. Winner will be responsible for travel arrangements; Sponsor shall not in any manner be obligated to make any travel arrangements. Specifically, Winner is responsible for booking air travel and hotel accommodations. Sponsor will not reimburse Winner for any costs or fees associated with changing air travel plans or failure of Winner to follow travel arrangements (e.g., missing a flight). Sponsor shall not be liable for any failure to operate, delay in operating, or accidents involving any flight, including but not limited to acts of God, governmental actions, fire, weather, war, civil commotion, riots, epidemics, quarantine, restrictions, terrorist events, Air Traffic Control, strikes or labor disputes, inability to obtain fuel for the flight in question, or otherwise.
Sponsor is not responsible for any cancellations, delays, diversions, substitutions, or any act or omission of any entity or person providing any services in fulfilling the prize awarded. Winner hereby releases Sponsor from any liability for any harm, injury, or loss that may be suffered by the Winner as a result of participation in the Grand Prize. Entrants hereby acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a prize, including express warranties provided exclusively by a prize manufacturer that may be sent along with a prize. PRIZES WILL BE ACCEPTED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED (INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE), AND ARE NON-TRANSFERABLE, AND NO SUBSTITUTION OR CASH EQUIVALENT IS ALLOWED, EXCEPT AT THE DISCRETION OF THE SPONSOR. Sponsor will not replace any lost or stolen prize element. Any depiction of prize in promotional materials is for illustrative purposes only. Prizes will only be awarded in the name of the Winner. All federal, state, and local taxes and any other costs associated with acceptance or use of a prize are the sole responsibility of the Winner. Winner will be required to sign an IRS Form W-9 with the winner’s full social security number or the equivalent. Failure to submit a Form W-9 upon request will result in forfeiture of the prize. Decisions of the Sponsor are final in all respects of the Sweepstakes. All prizes awarded are subject to verification of eligibility and compliance with these Official Rules.
PRIZE AWARDING: Only the published number of prizes stated in these Official Rules will be awarded. No transfers, cash awards, or prize substitutions are permitted, except at Sponsor’s discretion. Sponsor reserves the right to substitute a prize or a portion thereof with one of comparable or greater value, at its sole discretion. A Potential Winner will be notified by email and/or by phone call at the email address and/or phone number used to submit entry. The Potential Winner will be required to provide a valid mailing address, as applicable, and will be required to sign an affidavit of eligibility, liability release, and where legal, a publicity release (collectively, the “Affidavit”), and return same, properly executed, within seven (7) days of issuance of notification. If applicable, winner’s guest must sign a liability release and, where legal, a publicity release (“Guest Documents”), which must be returned with the winner’s Affidavit prior to the issuance of travel documents or the guest portion of the prize will be forfeited. If a guest is younger than eighteen (18) years of age, guest’s parent or legal guardian must sign Guest Documents on behalf of such guest and accompany such minor guest. If a prize notification is returned as undeliverable, or if a Potential Winner cannot be contacted after a reasonable number of attempts, is ineligible according to these Official Rules, fails to provide the required information and/or return the required documents within the specified time period, decides to decline his/her prize for any reason whatsoever, or otherwise fails to fully comply with these Official Rules, he/she will forfeit his/her prize and the prize may be awarded to an alternate winner from among all remaining eligible entries received, in the Sponsor’s sole discretion. Upon disqualification, no compensation will be given. Once the required information and official paperwork are received within the specified time period, verified, and receive final approval by Sweepstakes Entities, then and only then will a Potential Winner become the Winner. A Potential Winner will be notified that he/she is the Winner within five (5) business days after required information is verified. Sponsor reserves the right, after a certain time frame has passed, to not award the prize if no eligible Winner can be located.
5. CONDITIONS OF ENTRY: Sweepstakes Entities are not responsible for incorrect or inaccurate transcription of entry information, or for any human or printing error in these rules or any promotional materials, technical malfunctions, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer equipment, software, inability to access any online service or Web site, or any other error or malfunction, or any injury or damage to participant’s or any other person’s computer related to or resulting from participation in this Sweepstakes, or for late, lost, stolen, illegible, or misdirected entries. Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of this Sweepstakes, or if any difficulties compromise the administration, security, fairness, integrity, or proper conduct of the Sweepstakes, the Sponsor reserves the right to void any entries at issue and/or to suspend, modify, cancel, or terminate this Sweepstakes, in whole or in part, at any time without notice and award the prize in a random drawing from among all non-suspect eligible entries received as of the termination date. In the event of time of war, national emergency, accident, dangerous weather conditions, fire, riot, strikes, lock-outs, industrial disputes, acts of terrorism, or other matters beyond the Sponsor’s reasonable control, Sponsor has the right, in its sole discretion, to terminate the Sweepstakes.
6. GENERAL CONDITIONS: By accepting a prize, Winner consents to the use of his/her name and biographical information for promotional purposes by Sponsor and its designees, including but not limited to the posting of Winner’s name on the Sponsor website and in a Winners List without additional compensation, except where prohibited by law (“Promotions”). All copyright, trademark, or other intellectual property rights in such Promotions shall be owned by Sponsor or its licensors, and Winner hereby disclaims and waives any claim of right to such Promotions. Such Promotions shall be solely under control of Sponsor or its licensors, and Winner hereby waives any claim of control over the Promotions content as well as any possible claims of misuse of Winner’s name under contract, tort, or any other theory of law. Winner indemnifies, releases, and holds harmless Sponsor and Sweepstakes Entities from losses or damages of any kind, including without limitation, death and bodily injury, resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, or possession of the Grand Prize resulting from participating in this Sweepstakes. Winner acknowledges and agrees that Sponsor has not arranged for nor carries any insurance of any kind for the benefit of Winner or that of Winner’s heirs, executors, and administrators relative to Winner’s use of the Grand Prize awarded; and that Winner is solely responsible for obtaining and paying for any life, accident, automobile, property, or other insurance relative to the Grand Prize awarded to Winner.
7. INDEMNIFICATION; LIMITATION OF LIABILITY: NEITHER SPONSOR, SWEEPSTAKES ENTITIES, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR PRINTING OR TYPOGRAPHICAL ERRORS IN ANY CONTEST-RELATED MATERIALS OR TRANSACTIONS THAT ARE PROCESSED LATE OR INCORRECTLY OR ARE LOST DUE TO COMPUTER OR ELECTRONIC MALFUNCTION.
SPONSOR IS NOT RESPONSIBLE FOR LOST, STOLEN, MANGLED, MISDELIVERED, POSTAGE DUE, ILLEGIBLE, INCOMPLETE OR LATE ENTRIES, TELEPHONE SERVICE OUTAGES, DELAYS, BUSY SIGNALS, EQUIPMENT MALFUNCTIONS AND ANY OTHER TECHNOLOGICAL DIFFICULTIES THAT MAY PREVENT AN INDIVIDUAL FROM ENTERING OR CLAIMING A PRIZE.
THIS SWEEPSTAKES OFFER IS BEING MADE EXCLUSIVELY BY THE SPONSOR. SPONSOR AND SWEEPSTAKES ENTITIES ARE NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, SOFTWARE, OR TELEPHONE FAILURE OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS OR FRAUD, INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSION WHETHER CAUSED BY SPONSOR, USER, OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SWEEPSTAKES, OR BY ANY TECHNICAL OR HUMAN ERROR WHICH MAY OCCUR IN THE PROCESS OF SUBMISSIONS WHICH MAY LIMIT AN ENTRANT’S ABILITY TO PARTICIPATE IN THIS SWEEPSTAKES. NEITHER SPONSOR, SWEEPSTAKES ENTITIES, NOR THEIR SUBSIDIARIES AND AFFILIATED ENTITIES IS RESPONSIBLE FOR ANY DAMAGES OR INJURY INCURRED BY WINNER AND GUESTS AS A RESULT OF WINNING.
BY ENTERING, ENTRANTS AGREE TO RELEASE HOLD HARMLESS, DEFEND AND INDEMNIFY EACH OF SPONSOR, SWEEPSTAKES ENTITIES AND THEIR RESPECTIVE PARENTS, SUBSIDIARIES, AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, AND ANY AND ALL OTHER COMPANIES ASSOCIATED WITH THIS SWEEPSTAKES (COLLECTIVELY, THE “RELEASED PARTIES”) AGAINST ANY AND ALL LIABILITY, DAMAGES, OR CAUSES OR ACTION (HOWEVER NAMED OR DESCRIBED), RELATED TO OR ARISING OUT OF (I) THE SWEEPSTAKES, (II) ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES, AND (III) THE RECEIPT OR USE OR MISUSE OF THE PRIZE(S) AWARDED HEREIN. POSSIBLE CLAIMS OR CAUSES OF ACTION INCLUDE, BUT ARE NOT LIMITED TO, INFRINGEMENT OF ANY RIGHT OF PUBLICITY OR INTELLECTUAL PROPERTY; THREATENED OR ACTUAL INJURY, LOSS, OR DAMAGE TO ANY PERSON, INCLUDING DEATH AND DISABILITY; DEFAMATION OR PORTRAYAL IN A FALSE LIGHT (INTENTIONAL AND UNINTENTIONAL); AND DAMAGE TO OR LOSS OF PROPERTY, ARISING OUT OF SUCH ENTRANT’S PARTICIPATION IN THE SWEEPSTAKES OR RECEIPT OR USE OR MISUSE OF ANY PRIZE. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS SWEEPSTAKES.
If for any reason an Entrant’s entry is confirmed to have been voided or corrupted by any grossly negligent act of the Sponsor, Entrant’s sole remedy is another entry in the Sweepstakes, subject to availability and provided that the Sweepstakes has not then expired.
8. DISPUTES: This Sweepstakes is conducted in English. Except where prohibited, all issues and questions concerning the construction, validity, interpretation, and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with this promotion, shall be governed by, and construed in accordance with, the laws of Illinois, without giving effect to any choice of law or conflict of law rules (whether of Illinois, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than in Illinois. By entering, Entrants consent to the jurisdiction and venue of the federal, state, and local courts located in Chicago, Illinois.
BY ENTERING THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SWEEPSTAKES, OR ANY PRIZE AWARDED (EXCLUDING AIR TRAVEL), 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 FIFTY DOLLARS ($50.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (3) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT 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 FIFTY DOLLARS ($50.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (4) ENTRANT’S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
Each entrant agrees that (1) any and all disputes, claims and causes of action arising out of or in connection with the prize described in Section 4 above for air travel provided by Southwest Airlines or the use thereof shall be resolved individually, without resort to any form of class action, and exclusively governed by, and construed in accordance with, the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Texas or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Texas and (ii) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, including associated with entering this Sweepstakes, but in no event attorneys’ fees. THE EXCLUSIVE JURISDICTION FOR ANY DISPUTE FOR AIR TRAVEL PROVIDED BY SOUTHWEST AIRLINES OR THE USE THEREOF SHALL BE IN THE FEDERAL OR STATE COURTS LOCATED IN DALLAS COUNTY, TEXAS.
9. WHO WON: For the name of the Winner, available on or around January 14, 2021 please send a request and self-addressed, stamped envelope by January 13, 2022, to “The Magnificent Mile Lights Festival Sweepstakes,” The Magnificent Mile Association, 625 North Michigan Avenue, Suite 401, Chicago, Illinois 60611.
10. SPONSOR: The Magnificent Mile Association, 625 North Michigan Avenue, Suite 401, Chicago, Illinois 60611. Southwest Airlines Co. is not a sponsor, co-sponsor or administrator of this Sweepstakes.
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