GP TM Acquisition LLC d/b/a D MAGAZINE (“Sponsor”), This Giveaway is governed by these Official Rules. Any individual who enters, attempts to enter or in any way participates or attempts to participate in the Giveaway (“Participant”) agrees to be bound by the terms and conditions provided in these Official Rules, as well as by all interpretations of these Official Rules by Sponsor and by all other decisions of Sponsor which are final and binding in all matters relating to the Giveaway. Giveaway subject to all applicable federal, state, and local laws and regulations. Void where prohibited or otherwise restricted by law.
The sponsor and administrator of the Giveaway is D Magazine, 750 North Saint Paul Street, Dallas, TX, 75201.
The Giveaway begins on Monday, April 2, 2018 at 12:01 AM CST and ends on Sunday, March 31, 2019 at 11:59 PM CST (the “Giveaway Period”). The Giveaway Period is separated into eight (8) entry periods (each and “Entry Period”) as described in the entry chart in the “How to Enter” section below, which will each culminate in a random drawing.
The Giveaway is open to the legal United States residents physically residing in the 50 United States (includes DC) who are at least 21 years of age or older at time of entry. Officers, directors, employees, contractors, and agents of Sponsor and any entity involved in the sponsorship, development, production, implementation and distribution of the Giveaway as well as their respective parents, affiliates, divisions, subsidiaries and successor companies (collectively the “Giveaway Entities”), and their immediate family members (and those living in the same household, whether or not related), are prohibited from participating in the Giveaway and do not qualify as Participants. “Immediate family members” shall include spouses, siblings, parents, children, grandparents, and grandchildren, whether as “in-laws”, or by current or past marriage, remarriage, adoption, co-habitation or other familial extension.
During each Entry Period, eligible Participants can enter the Giveaway by taking a photograph of any one of the activities, locations, or items listed in the entry chart below for each Entry Period and uploading the photograph, along with Participant’s name and email address, to Sponsor’s website at http://productions.dmagazine.com/52-must-do-dallas/. If Participant has taken a photograph that meets the requirements of an Entry prior to the Giveaway or Entry Period, Participant may submit the photo as an Entry.
An “Entry” consists of a photograph taken by Participant that includes at least one of the subject matter listed under the related Entry Period and which is compliant with the terms of these Rules, as well as Participant’s name and email address, all of which is submitted on Sponsor’s website as a single entry.
BY SUBMITTING AN ENTRY, PARTICIPANT ACKNOWLEDGES THAT HIS/HER ENTRY MAY BE POSTED ACROSS ANY OR ALL OF THE SPONSOR’S AND PROMOTION PARTIES’ DIGITAL AND SOCIAL ASSETS, AT THE SPONSOR’S DISCRETION. Submission of an Entry grants the Sponsor and its agents the right to publish, use, adapt, edit, publicly perform and/or modify such Entry in any way, in any and all media, including for use in advertising and marketing, without limitation, and without consideration to the Participant.
By submitting an Entry, Participant warrants and represents that it: (a) is your original work, (b) has not been previously published, (c) has not won previous awards, (d) does not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property or other rights of any person or entity; and (e) that publication of the Entry via various media including Web posting, will not infringe on the rights of any third party rights. Each participant will indemnify and hold harmless, the Sponsor and Giveaway Parties (defined above) from any claims to the contrary. Any Participant whose work includes likenesses of third parties or contains elements not owned by the Participant (such as, but not limited to, depictions of persons, buildings, trademarks or logos) must be able to provide legal releases for such use including the Sponsor’s use of such Entry, in a form satisfactory to administrator, upon request, prior to awarding of prize.
As determined by the Sponsor, in its sole discretion, Entries: (a) Must comply with these Official Rules; (b) Cannot be sexually explicit or suggestive, unnecessarily violent or derogatory of any ethnic, racial, gender, religious, professional or age group, profane or pornographic, or contain nudity; (c) Cannot promote alcohol, illegal drugs, tobacco, firearms/weapons (or the use of any of the foregoing), any activities that may appear unsafe or dangerous, or any particular political agenda or message; (d) Cannot be obscene or offensive, endorse any form of hate or hate group; (e) Cannot promote terrorist acts such as providing instructions on how to assemble bombs, grenades and other such weapons or provide instructional information about illegal activities; (f) Cannot defame, misrepresent or contain disparaging or slanderous remarks about the Sponsor, its customers or its products, or other people, products or companies; (g) Cannot contain trademarks, logos or trade dress owned by others (except the Sponsor’s), or advertise or promote any brand or product of any kind (except the Sponsor’s or that of any business specifically listed as one which can be included in a submitted photograph), without permission, or contain any personal identification, such as license plate numbers, personal names, e-mail addresses or street addresses; (h) Cannot contain copyrighted materials owned by others (including photographs, sculptures, paintings and other works of art, stills, or images published on or in television, movies, the Internet or other media, except such materials owned by the Sponsor) without permission; (i) Cannot contain background artwork, unless it is an original work of the Participant; (j) Cannot contain materials embodying the names, likenesses, photographs, or other indicia identifying any person, living or dead, other than the Participant, without permission; (k) Cannot communicate messages or images inconsistent with the positive images and/or goodwill to which the Sponsor wishes to associate; (l) Cannot depict, and cannot itself, be in violation of any law.
If the Sponsor, at any time, receives a complaint (including but not limited to a cease and desist letter, general letter of complaint, etc.) alleging intellectual property infringement in an Entry, the Sponsor reserves the right to remove such Entry at any point, without prior notice and Entry will be deemed void and ineligible to receive a prize.
|Name of Challenge||Entry Period||Challenge Requirements||Prize|
|Instagrammable Spots||Start Date: April 2, 2018
End Date: April 9, 2018
|Photograph (at least one of the following locations): Big Tex, Sweet Daze Bar, Chapel of Thanksgiving, White Rock Dock, Bank of America Plaza, Deep Ellum Mural, Mightnight Rambler Sign, West Village Mural, Neiman Marcus Garage, Origanl Pegasus, North Park Neon, The Eye, Dallas Arboretum Trees, Margaret Hunt Hill Bridge, Magnolias Sous Le Pont, Sammons Park Reflecting||Prize: Patron tickets to the Dallas Art Fair, and two VIP tickets to the eyeball party ($1,000 value)|
|Activities||Start Date: April 10, 2018
End Date: June 30, 2018
|Photograph (of least one of the following activities): Bike White Rock Lake, Hike Cedar Ridge Preserve, Catch a sunrise at Lemmon Lake, Pedal through Downtown, Workout like a Dallas Cowboy Cheerleader (any cheerleading pose will do!), Use a share bike responsibly||Prize: 1 night stay at The Adolphus + 60 Minute Spa treatment from Spa Adolphus + Dinner for two in The French Room (max $200)
Prize Limitations: Blackout dates may apply for hotel stay, only room fee and associated taxes are included, The 1 night stay is for room + tax only. Guest is responsible for incidentals, parking, room service etc. The room is a Deluxe King Room. Any room service or extra charges are winner’s responsibility. Spa treatment gratuities are not included. Prize amount for dinner does not include taxes and gratuities, even should total amount to less than maximum dinner prize amount.
|Food & Drink||Start Date: July 1, 2018
End Date: August 15, 2018
|Photograph (of least one of the following restaurants—a photograph of the location, or a food or beverage item, will count): Skip the line at Pecan Lodge, Splurge on a $75 caviar martini, Get a beer at Katy Trail, G&T from The Mansion Bar, Order a Pizza at Louie’s, Order 3 Mambo Taxis at Monkey Bar, Enjoy a grappa and aria from Flora Street, Happy hour at Five Sixty by Wolfgang Puck||Prize: Private Party for up to 20 in the Monkey Bar (max. $1,000 value).
Prize Limitations: Party must be booked for Monday-Wednesday from 7pm until 9pm. Maximum value does not include taxes and gratuity.
|Events||Start Date: August 16, 2018
End Date: September 30, 2018
|Photograph (of, at, or in front of one of the following venues/events): Texas State Fair, A Dallas area Fight Night charity event, Anywhere in Deep Ellum, The runway at the oak lawn Halloween Block Party, Meyerson Symphony Center, Homegrown Music and Arts Festival||Prize: A complimentary cocktail (max. value of $18., a private mixology lesson (for up to 2 individuals), 1 night stay (single room double occupancy, king bed) at the Rosewood Mansion. Value: $400
Prize Limitations: Taxes, gratuities, and extra charges are winner’s responsibility. Blackout dates may apply for hotel stay, only room fee and associated taxes are included, bed may be limited to king size, any room service or extra charges are winner’s responsibility
|Cowboy||Start Date: October 1, 2018
End Date: October 17, 2018
|Photograph (of, at, or in front of one of the following venues/events/items): Dancing the two-step (suggestion: take a two-step lesson at the round-up salon, Cowboy’s game/AT&T Stadium, A Rodeo, Dress up as a cowboy or cowgirl, A pair of cowboy boots||Prize: Two (2) tickets to the Cattle Baron’s Ball
Prize Limitations: Expenses related to attendance are expressly excluded, including for example, valet expenses.
|Sports||Start Date: October 18, 2018
End Date: November 30, 2018
|Photograph (of, at, or in front of one of the following sports venues): American Airlines Stadium (home of the Mavericks), AT&T Stadium (home of the Dallas Cowboys), Toyota Stadium (home of FC Dallas), Dr. Pepper Arena (home of the Dallas Stars)||Prize: FC Dallas Package: a pair of home game tickets, swag bag (as selected by prize provider), VIP game day experience ($250 value), two (2) home game tickets to a Mavericks game
Prize Limitations: Game tickets will be selected by prize providers and may be for set, non-transferrable, days.
|Timing||Start Date: December 1, 2018
End Date: February 28, 2019
|Photograph (of one of the following): First snow, Elvis night, Erykah Badu’s B-day, Sit on Santa’s lap||Prize: TBD
Prize Limitations: TBD
|Experiences||Start Date: April 2, 2019
End Date: May 31, 2019
|Photograph (one of the following activities): Write your name on Adair’s wall, Watch the Dallas Marathon, See the real Friday Night Lights (attend a high school football game), Visit the Texas Theatre, (Sit in Lee Harvey Oswald’s alleged seat, take a pic of the wall of famous directors), Subscribe to D Magazine (or take a photo of or with a D Magazine)||Prize: TBD
Prize Limitations: TBD
All entries must be received in accordance with the entry chart above. Entries in excess of the limit (one per Participant per Entry Period) may result in disqualification of Participant. Entries will not carry over between Entry Periods. Any attempt by a Participant to obtain more than the stated number of entries by using multiple/different identities, registrations, logins, and/or any other methods will void such Participant’s Entry and that Participant may be disqualified from the Giveaway. Entries generated by a macro, script or other automated means will be disqualified. Each Participant must be the rightful owner (or have authorized use) of the email address used for entry. Participants must provide all information requested on entry form to be eligible to win. All entries become the sole property of Sponsor. ELIGIBLE PARTICIPANTS MUST SUBMIT THE REQUESTED ENTRY INFORMATION IN ACCORDANCE WITH THESE OFFICIAL RULES. NO OTHER METHOD OF SUBMISSION WILL BE ACCEPTED. Participation in the Giveaway constitutes Participant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Official Rules.
Each Participant may enter only once during each Entry Period. Regardless of how many Entry Periods a Participant submits an Entry, an individual Participant may only win one prize during the Giveaway.
Limit one (1) prize per Participant. All taxes, fees, and surcharges on prizes, and any other costs and expenses, associated with the receipt or use of any prize, are the sole responsibility of the winner. Any and all guarantees and warranties for merchandise prizes are subject to the manufacturer’s and/or service providers terms and conditions, and winner agrees to look solely to such manufacturers and/or service providers for any warranty or guarantee claim. Prizes are non-transferable except in the sole discretion of the Sponsors. No substitution or cash equivalent is allowed. Sponsors reserve the right to substitute any prize or prize component with another prize of equal or greater approximate retail value. Prizes consist only of items specifically listed as part of the prize. All costs and expenses not specified herein, related to any prize, including but not limited to delivery, installation, service activation fees, and other expenses incurred by accepting the prize, are the sole responsibility of the participants.
All prizes must be redeemed at Sponsor’s headquarters located at 750 North Saint Paul Street, Dallas, Texas, 75201. All prizes must be redeemed in person with valid photo ID of the individual who submitted the submission form.
The odds of winning will depend on the number of eligible Entries received during any single Entry Period.
On or about each of the “End Date” indicated in the Entry Chart above for each Entry Period, the potential winners of the prize available for that Entry Period will be selected in a random drawing conducted by the Sponsor from among all eligible Entries received for the corresponding Entry Period. Each potential winner will be notified, via the email address submitted with the Entry, within approximately one (1) day of the drawing date at the email address associated with the Entry. Each potential winner will be required to respond (as directed) to the notification within two (2) days (or a shorter time if required by exigencies) of attempted notification. The failure to respond within the stated time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries. Each potential winner will be required to verify address, sign, and return within two (2) days of initial notification one or more forms covering eligibility, liability, advertising and (unless prohibited by law) publicity rights and such other documents as Sponsor may provide (collectively, “Prize Acceptance Forms”). Failure to return the Prize Acceptance Forms within the specified time period may result in forfeiture of the prize and selection of an alternate potential winner from the remaining eligible entries. Sponsor, in its sole discretion, will attempt to contact up to three (3) potential winners of a prize in accordance with the above procedure, after which the prize in question may go unawarded if it remains unclaimed. If a prize is awarded but goes unclaimed or is forfeited by recipient, such prize may not be re-awarded, in Sponsor’s sole discretion. Sponsor reserves the right to disqualify anyone not fully complying with the Official Rules. The stated approximate retail value of each prize is based on available information provided by the prize providers and the value of the prize awarded to a winner may be reported for tax purposes as required by law. If a prize is valued at $600 or more, the winner must provide Sponsors with a valid social security number before the prize will be awarded for tax reporting purposes and an IRS Form-1099 may be issued for the actual value of the prize received. Other restrictions may apply.
All prizes listed in the above chart must be redeemed in person with a valid photo ID of the individual whose name appears on the submission form. Prizes will be picked up in person at D Magazine Partners headquarters, 750 North Saint Paul Street, Dallas, Texas, 75201
By entering and participating in the Giveaway, and in consideration thereof, each Participant individually warrants and represents to Sponsors that they: (i) meet the residency and age requirements stated in these Official Rules; (ii) will be bound by these Official Rules, by all applicable laws and regulations, and the decisions of the Sponsors; and (iii) waive any rights to claim ambiguity with respect to these Official Rules.
As consideration for entering the Giveaway, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE D Magazine, the other Giveaway Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the “Released Parties”), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Giveaway, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Giveaway, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Giveaway or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Unless prohibited by applicable law, Participants authorize and irrevocably grant to D Magazine and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participants and their participation in the Giveaway in its publication and/or on its website(s) in photographs, video recordings, digital images, audio recordings, as well as in newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose D Magazine and/or the Released Parties deem proper. Such reference and discussion may involve Participants’ name and other personal/biographical material.
All participants agree to be bound by these Official Rules. Non-compliance with any of these Official Rules will result in disqualification and all privileges as a Participant will be immediately terminated. Sponsors, in their sole discretion, further reserve the right to disqualify any person for: (i) tampering with the entry process or the operation of the Giveaway; (ii) gaining an unfair advantage in participating in the Giveaway; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY GIVEAWAY, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY GIVEAWAY IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
False Fraudulent or Deceptive Entries or Acts: Participants who, as determined by Sponsors in their sole discretion, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Giveaway will be disqualified.
By entering, Participant agrees to accept and abide by the Official Rules of this Giveaway and agrees that any dispute with regard to the conduct of this Giveaway, rule interpretation, or award of prize shall be submitted to Sponsor, whose decision shall be binding and final. Sponsor is not responsible for any typographical or other error in the printing of this offer, administration of the Giveaway or in the announcement of prizes, including erroneous appearance of qualification for a prize, and under no circumstances will more than the stated number of prizes be awarded. Sponsor reserves the right, in its sole and absolute discretion, to modify, cancel, or suspend this Giveaway, or to amend the Official Rules at any time, without prior individual notice, should any factor interfere with the administration, security, or proper play of this Giveaway as contemplated by these Official Rules. If for any reason Sponsor is prevented from continuing with this Giveaway, or the integrity and/or feasibility of the Giveaway is severely undermined by any event including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, war (declared or undeclared), terrorist threat or activity, or any federal, state or local government law, order or regulation, order of any court or jurisdiction, Sponsor shall have the right, in its sole discretion, to abbreviate, modify, suspend, cancel or terminate the Giveaway without further obligation. If Sponsor in its discretion elects to so abbreviate the Giveaway, Sponsor reserves the right, but not the obligation, to award the prize from among all eligible entries received to date. All entries are the physical property of Sponsor and are not returnable.
Sponsors reserve the right in their sole discretion to supplement or make changes to these Official Rules as well as the rules of any promotion at any time without individual notice. Sponsors reserve the right in its sole discretion to interpret the rules of any promotion, and such interpretation shall be binding upon all participants.
Except where prohibited, each Participant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Giveaway or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in TEXAS, (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees, (3) no punitive, incidental, special, consequential or other damages, including, without limitation, lost profits, may be awarded (collectively, “Special Damages”), and (4) Participant hereby waives all rights to claim Special Damages and all rights to such damages multiplied or increased. TEXAS law, without reference to choice of law rules, governs the Giveaway and all aspects related thereto.
ANY ATTEMPT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS BONUS CHALLENGE MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT OF THE LAW.
Force Majeure: The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of the Sponsor and Administrator (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules