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The Ultimate #livelikeyoulivehere Experience Official Rules

NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATION. BY ENTERING, YOU REPRESENT THAT YOU HAVE READ THESE OFFICIAL RULES AND ALL APPLICABLE POLICIES AND/OR TERMS OF SERVICE, AND THAT YOU AGREE TO BE BOUND BY ALL OF THEM. WITHOUT LIMITATION, THESE AGREEMENTS INCLUDE INDEMNITIES TO THE SWEEPSTAKES ENTITIES (DEFINED BELOW) FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

EACH WINNER WILL BE REQUIRED TO PARTICIPATE IN THE PRIZE FULFILLMENT PROCESS, IF ANY, AND MAY HAVE TO SIGN DOCUMENTATION, SUCH AS A RELEASE, IN SPONSOR’S SOLE DISCRETION, OR PRIZE MAY BE FORFEITED.

  1. ELIGIBILITY: The “Ultimate #LiveLikeYouLiveHere Experience” Giveaway (the “Sweepstakes”) is open to legal residents of any one of the 50 United States and the District of Columbia, who are at least twenty-one (21) years of age or older at the time of entry. All employees of WhereBy.Us Enterprises, Inc., (“Sponsor”), Books & Books of Coral Gables, Inc. d/b/a Books & Books, Jorge M. Perez Art Museum of Miami-Dade County, Inc. d/b/a PAMM, Living Arts Trust. Inc. d/b/a O Cinema, and Freehand – Freehand Miami d/b/a as Sydell Indian Creek LLC, their affiliates, sales representatives, licensees or agents (all of the foregoing, collectively, “Sweepstakes Entities”), and their immediate family members (spouse, parent, child, sibling and their respective spouses) and those living in the same household of each (whether legally related or not), are ineligible to enter or win the Sweepstakes. All applicable federal, state and local laws and regulations apply.
  2. SWEEPSTAKES PERIOD: The Sweepstakes entry period begins on NOVEMBER 15, 2017 and will end on DECEMBER 15, 2017 (the “Sweepstakes Period”). Winners will be selected from entries properly submitted during the Sweepstakes Period.
  3. SWEEPSTAKES ENTRY INSTRUCTIONS: You will either be sent a link to register for the Sweepstakes by any of the Sweepstakes Entities, or you may be able to find the link to register via a social media post by any of the Sweepstakes Entities on their social media, including but not limited to Facebook, Instagram, or Twitter.  You must click on the link and complete all required entry fields, including your name, e-mail address, and zip code. You must submit your entry during the Sweepstakes Period. By submitting an entry, you understand and agree that you will be automatically opted into each Sweepstakes Entity’s e-mail lists and may receive promotional e-mails from any of the Sweepstakes Entities. Limit one (1) entry per person and per e-mail address.

    ALTERNATIVE MEANS OF ENTRY: You may also enter the Sweepstakes without completing the steps above by mailing a paper entry to Sponsor during the Sweepstakes Period. To enter via this alternative entry method, send a postcard with your first name, last name, address, city, state, zip code, e-mail address, year and date of birth to The “Ultimate #LiveLikeYouLiveHere Experience” Giveaway c/o WhereBy.Us Enterprises, Inc., Cambridge Innovation Center, 1951 NW 7th Ave, #600, Miami, Florida 33136. All postcard entries will automatically opt you into each Sweepstakes Entity’s e-mail lists and may receive promotional e-mails from any of the Sweepstakes Entities. No mechanically reproduced entries permitted. Sponsor is not responsible for postage-due entries or entries not received.

  4. CONSENT TO PUBLICITY: By accepting a prize, each winner grants Sponsor, its licensees, successors and assigns the irrevocable, sub-licensable, absolute right and permission to use, publish, post or display winner’s name, likeness, photograph, biographical information, address (city and state), prize information, voice, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’s sole discretion), without limitation, for promotional, advertising or trade purposes in commerce and in all media worldwide, now known or hereafter devised, without further notice, approval, consideration or payment, except where prohibited by law. Each participant releases Sponsor from any and all liability related thereto.  Each winner agrees that Sponsor is not obligated to make use of any of the rights granted in these Official Rules and each winner waives any right to inspect or approve any such use.
  5. SELECTION OF SWEEPSTAKES WINNERS: One (1) potential Grand Prize Winner will be selected in a random drawing to be held on or about December 18, 2017 and will receive the following: (1) Lunch with Peréz Art Museum Miami Director Franklin Sirmans and a special guest, plus an annual membership (ARV: $100.00); (2) Lunch with Books & Books owner Mitch Kaplan and a special author guest, plus a year of reserved VIP seating at one event per month with author meet and greets (ARV: $1,200.00); (3) Lunch with O Cinema Founder Kareem Tabsch and a special filmmaker guest, plus a free year of movies for two (good for any regular, first run screening and not valid for special events, one night only screenings, performance on screen, film & food events or film festivals) (ARV: $1,850.00); (4) A free two-night stay at Freehand Miami, plus a private cocktail making session with the Broken Shaker team (ARV: $900.00); (5) Custom swag from the The New Tropic and a ride-along with our local team on a behind-the-scenes reporting experience (ARV: $100.00). Total ARV: $4,150.00. The potential Grand Prize Winner will be selected from all eligible entries who took the required actions during the Sweepstakes Period as described in these Official Rules. Odds of winning will depend on the number of eligible entries received during the Sweepstakes Period. The potential Grand Prize Winner will be notified via e-mail to the e-mail address provided on the Sweepstakes entry form. The drawing will be conducted by Sponsor, whose decisions on all matters relating to the Sweepstakes shall be final and binding. At the sole discretion of the Sponsor, disqualification, forfeiture and the selection of an alternate winner may result from any of the following: (1) a potential Grand Prize Winner’s failure to respond to email notification within one (1) days after its transmission; (2) the return of an email notification as undeliverable after three (3) attempts; (3) a potential Grand Prize Winner’s failure to provide Sponsor with satisfactory proof of age, identity and residency; (4) a potential Grand Prize Winner’s failure to execute and return an Affidavit of Eligibility/Liability/Publicity Release within seven (7) days after its transmission; (5) a potential Grand Prize Winner’s failure to validly claim the prize by January 8, 2018 ; and (6) any other non-compliance with the Official Rules. In the event of a prize forfeiture, the Sponsor may, in its sole discretion, award or not award the forfeited prize to an alternate winner. 
  6. TAXES: All taxes on the prizes, if any, and other expenses related to accepting and/or using a prize not listed in these rules, are the sole responsibility of the winner. All prizes will be awarded after which no alternate winner will be selected, nor unclaimed prizes awarded.
  7. GENERAL RULES: By entering or participating in the Sweepstakes, participants agree to be bound by these Official Rules, and by the decisions of Sponsor, which are final and binding in all respects. Sweepstakes Entities are not responsible for: (1) any incorrect or inaccurate information or technical failures of any kind, (2) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (3) any other computer, network, technical, human or other error, problem or malfunction that may occur in connection with the administration of the Sweepstakes, the processing of entries, or the selection or notification of winners. Further, if, for any reason, the Sweepstakes is not capable of running as planned for reasons outside the control of the Sponsor which, in the sole opinion of Sponsor, may corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes (or portion thereof), Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes (or portion thereof). Sponsor also reserves the right at its sole discretion to disqualify the entry of any individual found to be (a) tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or any website operated by the Sweepstakes Entities; (b) using any robotic, macro, automatic, programmed or like entry methods, which will void all such entries; (c) violating these Official Rules or the terms of service, conditions of use, and/or general rules of any Sponsor property or service; or (d) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten, or harass any other person. Sweepstakes Entities are not responsible for claims, injuries, losses or damages of any kind resulting, in whole or in part, directly or indirectly, from the awarding, delivery, acceptance, use, misuse, possession, loss or misdirection of the prize; participation in this Sweepstakes or in any activity or travel related thereto or from any interaction with, or downloading of, computer Sweepstakes information. As a condition of entering the Sweepstakes, each entrant gives consent for Sponsor and its representative to obtain and deliver his or her name, address and other information to third parties for the purpose of administering this Sweepstakes and complying with applicable laws, regulations and rules.

    EACH ENTRANT UNDERSTANDS AND AGREES THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY EXPRESSLY WAIVED BY HIM/HER.  SECTION 1542 READS AS FOLLOWS:

    “CERTAIN CLAIMS NOT AFFECTED BY A GENERAL RELEASE. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

    As a condition of entering, participants agree that: (A) under no circumstances will participants be permitted to obtain awards for, and each participant hereby waives, all rights to claim punitive, incidental, consequential or any other damages, other than for actual out-of-pocket expenses; (B) the Sweepstakes will be governed by the laws of the State of Florida without regard to conflicts of laws principles, and all causes of action arising out of or connected with this Sweepstakes, or any prize awarded, shall be resolved individually, without resort to any form of class action and shall be brought in a court of competent jurisdiction in Miami-Dade County, Florida  applying Florida law;  (C) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred (if any), not to exceed ten U.S. dollars ($10 USD), and in no event will attorney’s fees be awarded, and entrant further waives all rights to have damages multiplied or increased; and (D) each entrant accepts and submits to the personal jurisdiction of the Florida courts with respect to any legal actions, suits or proceedings arising out of or related to this Sweepstakes.

    THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, AS SOME JURISDICTIONS MAY NOT ALLOW SOME OF THE LIMITATIONS OR EXCLUSIONS OF LIABILITY LISTED ABOVE. NOTHING IN THESE RULES SEEKS TO LIMIT OR EXCLUDE LIABILITY WHERE NOT PERMISSIBLE UNDER LOCAL LAW. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR PROHIBITIONS REGARDING SUCH LIMITATIONS AND EXCLUSIONS.

  8. PARTICIPANT OBLIGATIONS: By entering, each entrant agrees to defend, indemnify, release and hold harmless Sweepstakes Entities from and against any and all losses, demands, damages, rights, claims, actions and liabilities of any kind arising out of or related to (i) entrant’s participation in the Sweepstakes or (ii) entrant's participation in any prize-related activities (including, without limitation, any property loss, damage, personal injury or death caused to any person(s)). The Grand Prize Winner assumes all liability for any injury, death, or damage caused, or allegedly caused, by participating in this Sweepstakes or use or redemption of the prizes. Any disputes that may arise hereunder shall be governed in all respects by the laws of the State of Florida without regard to the conflicts of laws principles of any jurisdiction. Venue with respect to any such disputes shall be had in the state and federal courts of the State of Florida. All taxes are the responsibility of the Grand Prize Winner, who may receive an IRS Form 1099 reflecting the final actual value of the prize, if applicable.

    Entrants, by participating, agree that Sponsor and the rest of the Sweepstakes Entities and their respective parents, subsidiaries, divisions, affiliated companies, dealers, service agencies, independent contractors, advertising and promotion agencies, web hosting and service and fulfillment providers, and all of their respective officers, directors, employees, representatives and agents (collectively, “Released Parties”) will have no liability whatsoever for, and shall be held harmless by entrants against, any liability, for any injuries, losses or damages of any kind, including death, to persons, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of a prize or participation in this sweepstakes.

  9. PERSONAL INFORMATION: The personal information collected through this Sweepstakes is subject to Sponsor’s Privacy Policy, located at: https://thenewtropic.com/privacy-policy/

    By entering this Sweepstakes, you agree to the use of your personal information as described in these Official Rules and in the above-referenced Privacy Policy. 

  10. BINDING ARBITRATION: EXCEPT WHERE PROHIBITED BY LAW, PARTICIPANT AGREES THAT: (I) ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THE SWEEPSTAKES, OR ANY PRIZE AWARDED, SHALL BE RESOLVED INDIVIDUALLY — WITHOUT RESORT TO ANY FORM OF CLASS ACTION — BY BINDING ARBITRATION (BY A SINGLE NEUTRAL ARBITRATOR SELECTED BY SPONSOR IN ITS SOLE AND ABSOLUTE DISCRETION) ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION IN ACCORDANCE WITH THE COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (THE “AAA RULES”) THEN IN EFFECT; (III) ANY ARBITRATION SHALL BE HEARD BY ONE ARBITRATOR TO BE SELECTED IN ACCORDANCE WITH THE AAA RULES, IN COLUMBUS, OH; (IV) UNLESS BOTH PARTICIPANT AND SPONSOR AGREE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING; (V) JUDGMENT UPON ANY AWARD RENDERED MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF; (VI) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS SHALL BE SUBJECT TO ALL LIMITATIONS AND RELEASES SET FORTH IN THESE OFFICIAL RULES AND LIMITED TO ACTUAL OUT-OF-POCKET DAMAGES, BUT IN NO EVENT SHALL SUCH CLAIMS, JUDGMENTS OR AWARDS INCLUDE ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR INCIDENTAL DAMAGES, ATTORNEYS' FEES OR COSTS OF BRINGING A CLAIM, ANY INJUNCTIVE OR OTHER EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
  11. OFFICIAL RULES/WINNERS’ LIST REQUESTS: To obtain a copy of these Official Rules or for notification of the winners, send a self-addressed stamped envelope to: The “Ultimate #LiveLikeYouLiveHere Experience” Giveaway c/o WhereBy.Us Enterprises, Inc., Cambridge Innovation Center, 1951 NW 7th Ave, #600, Miami, Florida 33136. Requests for winners’ lists must be received no later than three months after the end of the Sweepstakes Period. VT residents may omit return postage.