By The Way Giveaway - Official Rules

Official Rules:

PURCHASE OR PAYMENT OF “BY THE WAY: A MEMOIR” IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. MULTIPLE PURCHASES MAY INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW OR REGULATIONS. The odds of being selected depend on the number of entries received. BY PARTICIPATING, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT.

1. SPONSOR: The #ByTheWay Giveaway (the “Sweepstakes”) is sponsored by Elgin Charles Beverly Hills, 9663 S. Santa Monica Blvd. #423 Beverly Hills, California 90210 (“Sponsor”). This Sweepstakes is administered by Elgin Charles Beverly Hills, 9663 S. Santa Monica Blvd. #423 Beverly Hills, California 90210.


2. AGREEMENT TO OFFICIAL RULES:  Participation in the Sweepstakes constitutes entrant’s full and unconditional agreement to and acceptance of:  a) the Official Rules, b) ElginCharles.com’s Privacy Policy, c) ElginCharles.com’s Terms of Use (for online participants), and d) the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein. The Sweepstakes is subject to federal, state, and local laws and regulations and is void where prohibited by law. These Official Rules are located at (http://elgincharles.com/bythewaygiveaway). The collection and use of personal information for the Sweepstakes will be governed by ElginCharles.com’s Privacy Policy, located at https://elgincharles.com/pages/privacy-policy-terms-of-service. ElginCharles.com’s Terms of Use are also located at https://elgincharles.com/pages/privacy-policy-terms-of-service.


3. ELIGIBILITY REQUIREMENTS:  This Sweepstakes is open to persons who are (a) legal residents of the 50 United States and/or District of Columbia; (b) at least 18 years old at the time of entry, and (c) purchasers of “By the Way: A Memoir” from ElginCharles.com. Employees of Elgin Charles Beverly Hills or affiliated companies, residents at the same address as any such employee or dependents of any such employee, are not eligible to enter and win. 

4. ENTRY PERIOD:  The “Sweepstakes Period” is as follows: The Sweepstakes entry period begins on May 7, 2018 as 12:00 p.m. Eastern Daylight Time and ends on May 14,, 2018 at 11:59 p.m. Eastern Daylight Time. The Sponsor’s computer will be the official time-keeping device.

5. HOW TO ENTER: One entry per person. Purchase necessary. Entrants may enter the Sweepstakes electronically via the Internet by going to (http://elgincharles.com/bytheway)(the “Website”) during the Sweepstakes Period and making a purchase of “By the Way: A Memoir”. The person identified as submitting information will be considered the entrant for purposes of the Sweepstakes. Entrants are responsible for notifying the Sponsor in writing if the entrant’s contact information changes. Participation in the Sweepstakes constitutes each entrant’s express written consent to be contacted by Sponsor for marketing purposes, as well as in the event such entrant is a potential winner of a prize.

6. REPRESENTATIONS AND WARRANTIES OF ENTRANT: By participating in the Sweepstakes, each entrant warrants and represents that he or she is (a) a legal resident of the 50 United States and/or District of Columbia; (b) at least 18 years old, and (c) purchasers of “By the Way: A Memoir” from ElginCharles.com; at the time of entry. Sponsor reserves the right in its sole discretion to disqualify any Entry that it believes violates any of the above requirements, does not otherwise comply with these Official Rules.

7. PRIZES. One (1) prize will be available to be won. Limit one prize per potential winner. Odds of winning depend on number of entries received. The prize is a travel package for the potential winner and one guest to travel to Los Angeles, California between August 3, 2018 through August 5, 2018 (approximate retail value is $4,500; however, the fair market value may be higher or lower than the approximate retail value based on city of departure, time of trip, and cost at time of departure)(“Prize”). Guest of potential winner must be at least 18 years old at the time of travel. Prize includes:

(a) round-trip coach class air transportation for potential winner and one guest from a major airport near the potential winner’s residence, (additional costs including, but not limited to, seat assignments and baggage fees, are the responsibility of potential winner);
(b) one double occupancy standard hotel room for two consecutive nights (August 3-4, 2018) for potential winner and one guest;
(c) cash offering of $2,500 for potential winner upon arrival;
(d) merchandise of the Sponsor’s discretion from ElginCharles.com.


Scheduling and payment will be handled by Elgin Charles Beverly Hills. All travel must begin/end with the same major airport. Potential winner is responsible for ground transportation to/from the airport at point of origin. Airline and hotel selected at the sole discretion of the Sponsor. Potential winner and guest must provide all documents required for air travel and entrance into California. All other expenses are the responsibility of potential winner and/or guest, including, but not limited to, telephone/internet, mini-bar, room-service charges, laundry, alcohol, incidentals, and gratuities. Any penalties associated with changes made to any reservation following confirmation of booking will be the responsibility of the potential winner.  All federal, state, and local taxes (including income taxes), fees and charges relating to the use and acceptance of the prize are the sole responsibility of the potential winner. No substitution, transfer, or cash equivalent for prize. Prize is offered only on an “if used” basis. Sponsor will not reschedule or rebook travel in the event the potential winner(s) are unable to attend trip for any reason.  Sponsor is not responsible if potential winner changes their mind about which guest or any guest they wish to accompany them on trip. Sponsor is not responsible for lost baggage and/or delays in travel. Any depiction of prize is for illustrative purposes only.


8. SELECTION AND NOTIFICATION OF POTENTIAL WINNERS AND COLLECTION OF PRIZES: One (1) potential winner will be selected by random drawing on May 18, 2018 on or about 5:00 p.m. Eastern Daylight Time at Elgin Charles Beverly Hills (the “Draw Date”). Odds of winning depend on the number of entries received.  Potential winner does not have to be present to win. Potential winner will be contacted by the Sponsor in the order selected within twenty four hours of Draw Date and Sponsor will attempt to verify eligibility of potential winner in the order selected. The Sponsor or its designated representative will make a minimum of three attempts to contact the selected potential winner (using the contact information provided by the Entrant) within seventy two hours of Draw Date. Potential winner will be required to confirm contact information and answer three feed and production related questions within 72 hours of the initial contact from the Sponsor. Potential winner must sign and complete (except where prohibited by law) an Affidavit of Eligibility and Acceptance and Release of Liability (“Affidavit and Release”) in order to accept the prize and confirm his or her eligibility. The potential winner may be given the option to sign and complete a Publicity Release to use his or her name and photograph for promotional purposes without further compensation (except where prohibited by law). Potential winner’s travel guest must sign a Travel Companion Form and Release of Liability (“Travel Companion Release”) in order for potential winner to accept the prize and travel guest may be given the option to sign and complete a Publicity Release to use his or her photograph for promotional purposes without further compensation (except where prohibited by law).  Sponsor will send Affidavit and Release and Travel Companion Release to potential winner(s) via electronic mail. Potential winner must sign and return the Affidavit and Release, along with a valid U.S. driver’s license or U.S. passport (to verify residence), and travel guest’s signed Travel Companion Form and Release, to Sponsor within seven (7) business days of the notification of the Affidavit and Release and Travel Companion Release forms.

If the selected potential winner: (a) cannot be contacted within 72 hours of Draw Date; (b) does not sign and return the Affidavit and Release and/or Travel Companion Release within seven business days of notification of same; (c) if there is a return of any notification as undeliverable; (d) is determined to be ineligible for this Sweepstakes; (e) is determined to be in violation of the Official Rules; (f) cannot accept or is unwilling to accept the Prize (as awarded) for any reason; and/or (g) forfeits the Prize; then he/she may, in the sole and absolute discretion of the Sponsor, be disqualified (and, if disqualified, will forfeit all rights to the Prize). Sponsor’s decisions on eligibility and awarding of prize are final and binding. Failure to comply with any requirement shall constitute forfeiture of the prize. Federal and state laws and regulations apply.


9. RELEASE AND LIMITATIONS OF LIABILITY: By participating in the Sweepstakes, each entrant agrees to indemnify, release and hold harmless the Sponsor, their related companies, subsidiaries, affiliates, administrator, advertising and promotional agencies, and all of their respective officers, directors, employees, contractors and agents (the “Released Parties”) from and against any liability, damage, losses, injury, or claim or cause of action arising out of the creation, administration, fulfillment, or participation in the Sweepstakes or receipt or use or misuse of any prize, including, but not limited to: (a) unauthorized human intervention in the Sweepstakes; (b) technical errors related to computers, servers, providers, telephone or network lines, or any interrupted or unavailable network server or other connections or communications; (c) any errors, omissions, interruptions or deletions of any kind due to electronic, human, mechanical, printing, production or technical errors or other causes; (d) lost, late, misdirected, unintelligible or undeliverable entries; (e) errors in the administration of the Sweepstakes or the processing of entries; (f) injury, death or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from such entrant’s participation in the Sweepstakes or receipt or use or misuse of the prize; (g) any damage to any computer system resulting from access to or the download of information or materials connected with the Sweepstakes; or (h) lost or damaged baggage and/or delays in travel.  Each entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.

By participating in the Sweepstakes, (except where prohibited by law) Entry constitutes permission to use entrants’ names, hometowns and likenesses for online posting, and/or any advertising and publicity during the Sweepstakes or after without additional compensation.

10. DISCLAIMERS OF WARRANTY: Sponsor and its affiliate and subsidiary companies do not make any warranties, express or implied, as to use of the prize(s).

11. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with 13th and Joan Publishing or Deph Digital Media.


12. GENERAL TERMS AND CONDITIONS: The Sponsor reserves the right to withdraw, amend or suspend this Sweepstakes (or to amend these Official Rules) in any way, in the event of any cause beyond the reasonable control of the Sponsor that interferes with the proper conduct of this Sweepstakes as contemplated by these Official Rules, including, without limitation, any error, technical problem, computer virus, bugs, tampering, unauthorized intervention, fraud or technical failure. The Sponsor reserves the right to cancel, amend or suspend this Sweepstakes, or to amend these Official Rules, in any way without prior notice or obligation, in the event of any accident, printing, administrative, or other error of any kind, or for any other reason whatsoever.

The Sponsor reserves the right to adjust any of the dates, timeframes and/or other Sweepstakes mechanics stipulated in these Official Rules, to the extent necessary, for purposes of verifying compliance by any entrant or Entry with these Official Rules, or as a result of any technical or other problems, or in light of any other circumstances which, in the opinion of the Sponsor, in its sole and absolute discretion, affect the proper administration of the Sweepstakes as contemplated in these Official Rules, or for any other reason.

In the event of any discrepancy or inconsistency between the terms and conditions of these Official Rules and disclosures or other statements contained in any Sweepstakes-related materials, the terms and conditions of these Official Rules shall prevail, govern and control to the fullest extent permitted by law.

13. DISPUTES: Except where prohibited, each entrant agrees that any and all disputes, claims, and causes of action arising out of, or connected with, the Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by a California state or federal court. All issues and questions concerning the construction, validity, interpretation and enforceability of the Official Rules, entrant’s rights and obligations, or the rights and obligations of the Sponsor in connection with the Sweepstakes, shall be governed by, and construed in accordance with, the laws of California, without giving effect to any choice of law or conflict of law rules that would result in the application of the laws of any jurisdiction other than California.


14. SEVERABILITY: The unenforceability of any clause of the Official Rules will not impact the enforceability of all other provisions of the Official Rules.


15. OFFICIAL RULES AND SWEEPSTAKES RESULTS: A copy of these Official Rules may be obtained by sending a written request to Elgin Charles Beverly Hills, 9663 S. Santa Monica Blvd. #423 Beverly Hills, California 90210 at any time throughout the Sweepstakes