OFFICIAL SWEEPSTAKES RULES (THE “RULES”)
NO PURCHASE NECESSARY
SWEEPSTAKES OPEN ONLY TO LEGAL RESIDENTS OF THE UNITED STATES AND DISTRICT OF COLUMBIA (EXCLUDING UNITED STATES TERRITORIES, OVERSEAS MILITARY INSTALLATIONS, COMMONWEALTHS, AND PUERTO RICO)
1. ELIGIBILITY: Entrants must be 18 years or older at the time of entry. Employees of Barnes & Noble, Inc. and Train Times Broadway LP and Train Times SF LP (“Co-Sponsors”), its distributors, affiliates, subsidiaries, and their respective advertising agencies and promotion agencies, members of their immediate families and persons residing in their homes, employees of a publisher of any Sweepstakes Prize book included in the prize, and the illustrators of the art included in the prize are not eligible. This Sweepstakes is void where prohibited by law or regulation. All federal, state, and local laws apply.
2. SWEEPSTAKES PERIOD: Entries will be accepted online or via mail starting on or about July 31, 2022 and ending October 17, 2022. All automatically entered or online e-mailed entries must be received by October 17, 2022, 11:59PM EST.
3. HOW TO ENTER AND PLAY: There are two methods of entry: (a) By pre-ordering any edition of Harry Potter and the Order of the Phoenix: The Illustrated Edition by JK Rowling and illustrated by Jim Kay and Neil Packer or The Magic of MinaLima: Celebrating the Graphic Design Studio Behind the Harry Potter & Fantastic Beasts Films by MinaLima books, you are automatically entered in The Harry Potter Sweepstakes (“Sweepstakes”) to win a prize pack including 4 orchestra-level seat tickets to see Harry Potter and the Cursed Child in New York City, a $3,000 gift card for travel expenses and a $500 gift card for food. The Sweepstakes ends on October 17, 2022. If you do not want to be automatically entered in the Sweepstakes, please send an “opt-out” e-mail to sweepstakesoptout@bn.com no later than October 16, 2022, 11:59PM EST; or alternatively, (b) If you do not want to pre-order either Harry Potter and the Order of the Phoenix: The Illustrated Edition by JK Rowling and illustrated by Jim Kay and Neil Packer or The Magic of MinaLima: Celebrating the Graphic Design Studio Behind the Harry Potter & Fantastic Beasts Films by MinaLima, but still want to enter the Sweepstakes, you may enter the Sweepstakes by sending a letter or postcard addressed to Barnes & Noble, The Harry Potter Sweepstakes, 33 E 17th St, New York, NY 10003; and include your name, email address, and physical address. Entries are limited to one (1) entry per person and pre-ordering both books will not give any entrant multiple entries. All entries are treated equally and become the exclusive property of Co-Sponsors and will not be acknowledged or returned to the entrant. By entering the Sweepstakes, each entrant agrees to comply with and be bound by these Rules and the decisions of the Co-Sponsors which are binding and final in all matters relating to the Sweepstakes. CoSponsors, in their sole discretion, reserves the right to disqualify and terminate eligibility to participate in the Sweepstakes by any entrant who violates these Official Sweepstakes Rules or interfere in any manner with the Sweepstakes. Mechanically reproduced, illegible, incomplete, or inaccurate entries are void.
4. PRIZES: One (1) winning entrant (“Winner”) will be selected in a random drawing by a representative of Barnes & Noble, Inc. on or about October 25, 2022, whose decisions are final in all matters relating to this Sweepstakes. Winner is required to prove eligibility. Odds of winning depend upon the number of eligible entries received. The Winner will be selected and will receive 4 tickets to see Harry Potter and the Cursed Child in New York City, a $3,000 gift card to put towards travel expenses and a $500 gift card to put towards food (the “Prize”). Approximate Retail Value (“ARV”) of the Prize is $4900. All prizes are awarded “AS IS” and without warranty of any kind, express or implied, including without limitation, any implied warranty of merchantability or fitness for a particular purpose.
THE WINNER IS RESPONSIBLE FOR USING THE GIFT CARDS SOLELY IN CONNECTION WITH THE PRIZE FOR THE FOLLOWING PURPOSES: (A) BOOKING AND PAYING WINNER’S OWN AIRFARE, HOTEL AND GROUND TRANSPORTATION; (B) ALL OF WINNER’S ASSOCATED COSTS AND PAYMENTS FOR MEALS AND DRINKS; AND (C) ANY ADDITIONAL TRAVEL AND HOTEL COSTS AND PAYMENTS. WINNER’S USE OF THE GIFT CARDS NOT PROVIDED BY THE RULES AND/OR COSTS, PAYMENTS, FEES, TAXES, TIPS, GIFTS, AND/OR OTHER CHARGES ABOVE THE TOTAL VALUE OF THE COMBINED GIFT CARDS ARE THE SOLE RESPONSIBILITY OF THE WINNER.
Merchandise cannot be returned for cash. No substitution, exchange, or transfer of prizes or cash equivalent is permitted. CoSponsors, at their sole discretion, reserve the right to substitute a prize of equal or greater value in the event the winner is unable to travel during the aforementioned dates; or due to any other reason listed in the Official Sweepstakes Rules herein. Winner is solely responsible for all federal, state, local taxes, fees, tips, airfare, ground transportation, car rental fees, and other purchases, payments, costs, charges, expenses, and surcharges not specifically mentioned in the Official Sweepstakes Rules and/or incurred by the Winner on any prize received Upon notification and eligibility of the Winner by Co-Sponsors to accept the prize, the Winner must furnish Co-Sponsors with their Social Security or Tax ID number to claim the Prize. A winner may be issued a 1099 tax for the approximate retail value of the prize. Failure to take or complete any portion of the prize does not relieve the winner of his/her tax obligations associated with winning the prize. Prizes will not be fulfilled outside the 50 contiguous United States or D.C.
5. WINNER NOTIFICATION: The Winner (“Winner”) will be notified solely by the email listed on the eligible entry. Co-Sponsors will attempt three (3) attempts to contact a Winner within a five (5) business day period on or about October 25, 2022. If a Winner fails to respond within the five (5) business day period of the first e-mail to the Winner; if Co-Sponsors’ e-mail attempts to contact a Winner is consistently returned as undeliverable; or if the selected Winner cannot accept or receive the prize for any reason due to non-compliance with these Official Sweepstakes Rules, the Prize will be forfeited and at the Co-Sponsors’ sole discretion, an alternate Winner will be selected from the remaining non-winning entries. All Entrants are responsible for notifying Co-Sponsors of changes in e-mail addresses. Prizes may not be substituted or transferred except at the sole discretion of Co-Sponsors who reserve the right to substitute a prize of comparable or greater value as stated herein. Acceptance of any prize constitutes permission (except where prohibited by law) for the Co-Sponsors to use each Winner’s name, hometown, prize won, voice, image, and likeness in any and all media now or hereafter known throughout the world in perpetuity, without additional compensation, notification, or permission.
6. TERMS: Co-Sponsors, service providers, and its agencies shall not be liable for: (a) late, lost, damaged, incomplete, illegible, misdirected, unintelligible entries, or for any other problems, errors, or malfunctions related to or in connection with the Sweepstakes, whether mechanical, printing, typographical, human, or otherwise; (b) telephone-mail, electronic, program, network, Internet, or computer failures of any kind; or (c) failed, incomplete, garbled, unintelligible, or delayed computer messages. If the administration or integrity of the Sweepstakes is compromised or corrupted at any time, or the Winner is ineligible, Co-Sponsors reserve the right to select an alternative Winner or modify, suspend, or cancel the Sweepstakes. CoSponsor’s decisions are final in all matters relating to this Sweepstakes.
7. LIMITATION OF LIABILITY: By entering the Sweepstakes, Entrants agree to: (i) comply with these Official Sweepstakes Rules including all eligibility requirements; and (ii) release and hold harmless Co-Sponsors, service providers, and its agencies from any and all liability, claims, actions, injury, loss, or damage of any kind resulting from participating in this Sweepstakes; from the acceptance, travel related to or from the prize, use, or misuse of the prize awarded; acceptance, use of, or inability to use, participate in, inability to participate in the Sweepstakes, or travel during the prize travel dates, or inability to travel to or from or use any prize, including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation, or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort (including negligence), warranty, or other theory.
Winners also release the Co-Sponsors and any of their parent companies, subsidiaries, affiliates, directors, officers, employees and agencies (collectively, the “Released Parties”) from any liability whatsoever, and waive any and all causes of action, related to any claims, costs, injuries, losses, or damages of any kind arising out of or in connection with this Sweepstakes or acceptance, use of, inability to use, participate in, inability to participate in the Sweepstakes, or use of or inability to use any prize, including, without limitation, claims, suits, injuries, losses and damages related to personal injuries, death, damage to or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light, whether intentional or unintentional, whether under a theory of contract, tort (including negligence), warranty, or other theory.
If for any reason this Sweepstakes is not capable of running as planned due to events beyond the reasonable control of the CoSponsors, prevented, impeded or hindered due to events, or force majeure events, including, but not limited to the following: federal, state, or local regulations, Executive Orders, statutes or other political reasons, epidemic or pandemic, health or personal safety concerns, unforeseen events, unavailability of products due to supply, or Acts of God, natural or weather disasters, labor strikes, war, insurrection, terrorist attacks, inadvisable, commercially impracticable, illegal, or impossible for Co-Sponsors or Winners to perform; or if this Sweepstakes, or any portion thereof, becomes corrupted, or if tampering, unauthorized intervention, or any other causes, corrupt or affect the administration, security, fairness, integrity, or proper conduct of this Sweepstakes, Co-Sponsors reserve the right, at their sole discretion, to disqualify any individual implicated in such action, and/or to cancel, terminate, or suspend this Sweepstakes or any portion thereof. If cancelled, Co-Sponsors will use best efforts to notify the Winner or entrants regarding the status of the Sweepstakes, including postponement, cancellation, and reserve the right to conduct a random drawing to award prizes from among all eligible, non-suspect, entries received for the applicable drawing prior to such cancellation. ANY ATTEMPT BY ANY ENTRANT TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CIVIL AND CRIMINAL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, CO-SPONSORS RESERVE THE RIGHTS TO SEEK ANY AND ALL AVAILABLE REMEDIES, INCLUDING ATTORNEYS’ FEES, FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. Co-Sponsors reserves the right to disqualify entrants who violate these Official Sweepstakes Rules or interfere with this Sweepstakes in any manner and terminate such entrant’s eligibility to participate in the Sweepstakes. Mechanically reproduced, illegible, incomplete, or inaccurate entries are void.
8. MISCELLANEOUS: Winner will be required to complete an affidavit of eligibility and release from liability and completed IRS W-9 form. Failure to do so within fourteen (14) days of receipt of such documents will result in disqualification and the selection of an alternate Winner. Except where prohibited, acceptance of a prize shall constitute and signify a Winner’s consent to the use by the Co-Sponsors of his/her name, address (city and state only), voice, and/or photograph for commercial, advertising, and promotional purposes without further compensation, unless prohibited by law. By registering to enter the Sweepstakes, entrants affirm that they have read and accepted these Official Sweepstakes Rules. The laws of the State of New York apply to and govern this Sweepstakes, and any claims must be raised and resolved in the State of New York.
THESE RULES CANNOT BE MODIFIED OR AMENDED IN ANY WAY EXCEPT IN A WRITTEN DOCUMENT ISSUED IN ACCORDANCE WITH LAW BY A DULY AUTHORIZED REPRESENTATIVE OF ANY CO-SPONSOR. COSPONSORS RESERVE THE RIGHT TO CORRECT CLERICAL OR TYPOGRAPHICAL ERRORS IN PROMOTIONAL MATERIALS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL AND THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
9. WINNER’S LIST: To obtain the Winner’s name, send a self-addressed, stamped envelope to Barnes & Noble, The Harry Potter Sweepstakes, 33 E 17th St, New York, NY 10003, requesting the Winner’s name. Requests must be received no later than November 15, 2022, 11:59PM EST. Requests received after November 15, 2022, will not be honored.
10. PRIVACY; USE OF DATA: Information supplied by entrants will be used in accordance with Barnes & Noble’s Privacy Policy available at: https://www.barnesandnoble.com/h/help/privacy-policy. Entry in the Sweepstakes constitutes consent to the transfer of the personal information collected from the entrant to the Co-Sponsors for the purposes of administering the Sweepstakes and for such other purposes to which entrant may consent as outlined herein. Specifically, Co-Sponsors may collect information used to enter the Sweepstakes and will use personal information so provided to actually conduct the Sweepstakes. Co-Sponsors may provide the personal information any entrant provides to enter this Sweepstakes to third party fulfillment companies only to administer the Sweepstakes and deliver prizes to the Winner.
11. NO IMPLIED ENDORSEMENT: MINALIMA® is a registered trademark of Minalima Ltd. Sponsors’ use of any names, titles, and trademark of individuals, groups, companies, products, and/or services mentioned herein, and any corresponding likenesses, logos, and images thereof reproduced herein, have been used for identification purposes only and may be the copyrighted properties and trademarks of their respective owners. Sponsors’ mention or reference to any individual, group or company, including, but not limited to, Jim Kay, Neil Packer, MinaLima, or the inclusion of a product or service as the Prize, does not imply any affiliation, sponsorship, association with, or endorsement by such individual, group, or company, or the owner, writer, creator, manufacturer, or distributor of such product or service and, except as otherwise indicated, no association or endorsement is intended or should be inferred.
12. COPYRIGHT NOTICE: The Sweepstakes and all accompanying materials are © 2022 Barnes & Noble, Inc. All rights reserved.
13. SPONSOR: The Co-Sponsors of the Sweepstakes are Barnes & Noble, Inc., 33 East 17th Street, New York, NY 10003 and Train Times Broadway LP and Train Times SF LP, 230 West 41st St, Suite 1703, New York, NY 10036.