The Photographer (ARC + Viewfinder) Sweepstakes

The Photographer (ARC + Viewfinder) Sweepstakes

OFFICIAL RULES

NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS
SWEEPSTAKES. OPEN ONLY TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND
D.C. WHO ARE 18 YEARS OF AGE OR OLDER AND OF THE LEGAL AGE OF MAJORITY
AT THE TIME OF ENTRY. U.S. LAW GOVERNS THIS SWEEPSTAKES. VOID WHERE
PROHIBITED.

1. ELIGIBILITY:
   The Photographer (ARC + Viewfinder) Sweepstakes (the “ Sweepstakes”) is open only to persons who as of the date of
   entry (and, if a winner, as of the date of prize fulfillment) are a
   legal resident of the 50 United States or the District of Columbia and
   who are 18 years of age or older and of the legal age of majority in
   the jurisdiction in which he or she resides. We are sorry for the
   geographic restrictions, unfortunately it is required for various legal
   reasons. Persons who as of the date of entry (and, if a winner, as of
   the date of prize fulfillment) are an employee of St. Martin’s Press (“ Sponsor”) or any of Sponsor’s Affiliates (as defined in Section
   5), and members of the immediate family or household (whether or not
   related) of any such employee, are not eligible. Eligibility
   determinations will be made by Sponsor in its discretion and will be
   final and binding. U.S. law governs this Sweepstakes. Void where
   prohibited by law.
2. HOW TO ENTER:
   The entry period for the Sweepstakes begins at 12:00 a.m. Eastern Time
   (ET) on February 22, 2021 and continues through 11:59 p.m. ET on March
   7, 2021 (the “Entry Period”). No purchase is necessary. To enter
   the Sweepstakes, during the Entry Period, entrants must access,
   complete and submit the Sweepstakes entry form (which will require
   entrant to submit his or her e-mail address and such other information
   as Sponsor may require), found in entrant’s Facebook or Instagram
   newsfeed or alternatively by visiting Sponsor’s website located at
   https://www.criminalelement.com/the-photographer-arc-viewfinder-sweepstakes/ (the “Website”) and following the on screen entry instructions. The Facebook and Instagram entry forms may be
   pre-filled with information provided by the Facebook or Instagram
   platform.
   
   There is a limit of one entry per person and per email address.
   
   All entries must be completed and received by Sponsor prior to the
   conclusion of the Entry Period. Entry times will be determined using
   Sponsor’s computer, which will be the official clock for the
   Sweepstakes. Normal time rates, if any, charged by the entrant’s
   Internet or mobile service provider will apply. All entries are subject
   to verification at any time. Proof of submission does not constitute
   proof of entry. Sponsor will have the right, in its discretion, to
   require proof of identity and/or eligibility in a form acceptable to
   Sponsor (including, without limitation, government-issued photo
   identification). Failure to provide such proof to the satisfaction of
   Sponsor in a timely manner may result in disqualification.
3. WINNER SELECTION AND NOTIFICATION:
   Following the conclusion of the Entry Period, five potential Grand
   Prize winner(s) will be selected in a random drawing conducted by
   Sponsor or its agent from among all eligible entries received during
   the Entry Period. The odds of winning will depend on the number of
   eligible entries received. The potential winner will be notified by
   e-mail (sent to the e-mail address provided by the entrant when
   entering), or using other contact information provided by the potential
   winner, in Sponsor’s discretion. If the initial notification requires a
   response, the potential winner must respond to Sponsor’s initial
   notification attempt within 72 hours. The potential winner is subject
   to verification of eligibility and may, in Sponsor’s discretion, be
   required to complete, sign and return to Sponsor an Affidavit of
   Eligibility/Release of Liability or an Affirmation of
   Eligibility/Release of Liability, as determined by Sponsor, and, if
   legally permissible, a Publicity Release, and any other documentation
   provided by Sponsor in connection with verification of the potential
   winner’s eligibility and confirmation of the releases and grant of
   rights set forth herein (as applicable, “ Winner Verification Documents”), within seven days of attempted
   delivery of same. The potential winner may also in Sponsor’s discretion
   be required to complete and return to Sponsor an IRS Form W-9 within
   seven days of attempted delivery of same. If the potential winner
   cannot be reached or does not respond within 72 hours of the initial
   notification attempt or fails to complete, sign, and return any
   required Winner Verification Documents or IRS Form W-9 within seven
   days of attempted delivery of same, or if the potential winner does not
   otherwise comply with these Official Rules and/or cannot accept the
   prize as awarded for any reason, then the potential winner may be
   disqualified and an alternate winner may, at Sponsor’s discretion, be
   selected from among the remaining eligible entries as specified in
   these Official Rules (in which case the foregoing provisions will apply
   to such newly-selected entrant).
4. 
   PRIZE:
   Five Grand Prize(s) will be offered. The Grand Prize consists of one
   ARC of THE PHOTOGRAPHER by Mary Dixie Carter and a 3D Retro Viewfinder
   with a reel featuring scenes from The Photographer book trailer. The
   approximate retail value (“ARV”) of the grand price is $57.99
   USD. The aggregate ARV of all prizes is $289.95 USD. The exact value
   will depend on where the winner resides and market conditions at the
   time of prize fulfillment. All prize details that are not expressly
   specified in these Official Rules will be determined by Sponsor in its
   discretion. The prize will be awarded if properly claimed. No
   substitution, cash redemption or transfer of the right to receive the
   prize is permitted, except in the discretion of Sponsor, which has the
   right to substitute the prize or any component of the prize with a
   prize or prize component of equal or greater value selected by Sponsor
   in its discretion. The prize consists only of the item(s) expressly
   specified in these Official Rules. All expenses or costs associated
   with the acceptance or use of the prize or any component of the prize
   are the responsibility of the winner. If a prize component consists of
   digital content, entrant may need a compatible reading application to
   read the content. The prize is awarded “as is” and without any
   warranty, except as required by law. In no event will more than the
   number of prizes stated in these Official Rules be awarded. All
   federal, state and local taxes on the value of the prize are the
   responsibility of the winner. For U.S. residents, an IRS form 1099 will
   be issued if required by law.
5. RELEASE AND LIMITATION OF LIABILITY:
   By entering the Sweepstakes, to the fullest extent permitted by
   applicable law, each entrant on behalf of himself or herself and anyone
   who succeeds to entrant’s rights and responsibilities including without
   limitation entrant’s heirs, executors, administrators, personal
   representatives, successors, assigns, agents, and attorneys, and with
   respect to minors entrant’s parents and legal guardians (collectively
   the “Entrant Parties”) releases Sponsor, each of Sponsor’s
   Affiliates, the licensees and licensors other than Entrant Parties
   including authors of each of the foregoing, all other companies
   involved in the development or operation of the Sweepstakes, Facebook,
   Instagram, the successors and assigns of each of the foregoing and the
   directors, officers, employees and agents of each of the foregoing
   (collectively, the “Released Parties”) from and against any and
   all claims and causes of action of any kind that entrant and/or the
   Entrant Parties ever had, now have or might in the future have arising
   out of or relating to the Sweepstakes, participation in the
   Sweepstakes, the use of the Website, the provision, acceptance or use
   of any prize or any component thereof or any use of the entrant’s name
   as permitted pursuant to these Official Rules, including without
   limitation any and all claims and causes of action: (a) relating to any
   personal injury, death or property damage or loss sustained by any
   entrant or any other person, (b) based upon any allegation of violation
   of the right of privacy or publicity, misappropriation, defamation, or
   violation of any other personal or proprietary right, (c) based upon
   any allegation of infringement of copyright, trademark, trade dress,
   patent, trade secrets, moral rights or any intellectual property right,
   or (d) or based upon any allegation of a violation of the laws, rules
   or regulations relating to personal information and data security. Each
   entrant on behalf of himself or herself and the Entrant Parties agrees
   not to assert any such claim or cause of action against any of the
   Released Parties. Each entrant on behalf of himself or herself and the
   Entrant Parties assumes the risk of, and all liability for, any injury,
   loss or damage caused, or claimed to be caused, by participation in
   this Sweepstakes, the use of the Website, or the provision, acceptance
   or use of any prize or any component of any prize. The Released Parties
   are not responsible for, and will not have any liability in connection
   with, any typographical or other error in the printing of the offer,
   administration of the Sweepstakes or in the announcement of the prize.
   The Released Parties are not responsible for, and will not have any
   liability in connection with, late, lost, delayed, illegible, damaged,
   corrupted or incomplete entries, incorrect or inaccurate capture of,
   damage to, or loss of entries or entry information, or any other human,
   mechanical or technical error of any kind relating to the operation of
   the Website, communications or attempted communications with any
   entrant or Entrant Parties, the submission, collection, storage and/or
   processing of entries or the administration of the Sweepstakes. The
   term “Affiliate” of Sponsor means any entity
   that directly or indirectly, through one or more intermediaries,
   controls, is controlled by, or is under common control with Sponsor.
   The term “control” means the possession, directly or indirectly, of the
   power to direct or cause the direction of management and policies of an
   entity, or the ownership, directly or indirectly, of more than fifty
   percent (50%) of the equity interests of the entity.
6. GENERAL RULES:
   Sponsor has the right, in its sole discretion, to modify these Official
   Rules (including without limitation by adjusting any of the dates
   and/or timeframes stipulated in these Official Rules) and to cancel,
   modify or suspend this Sweepstakes at any time in its discretion,
   including without limitation if a virus, bug, technical problem,
   entrant fraud or misconduct, or other cause beyond the control of the
   Sponsor corrupts the administration, integrity, security or proper
   operation of the Sweepstakes or if for any other reason Sponsor is not
   able to conduct the Sweepstakes as planned (including without
   limitation in the event the Sweepstakes is interfered with by any fire,
   flood, epidemic, earthquake, explosion, labor dispute or strike, act of
   God or of public enemy, communications failure, riot or civil
   disturbance, war (declared or undeclared), terrorist threat or
   activity, federal, state or local law, order or regulation or court
   order) or in the event of any change to the terms governing the use of
   Facebook or Instagram or the application or interpretation of such
   terms. In the event of termination of the Sweepstakes, a notice will be
   posted on the Website or Sponsor’s Facebook and Instagram page and a
   random drawing will be conducted to award the prize from among all
   eligible entries received prior to the time of termination. Sponsor has
   the right, in its sole discretion, to disqualify or prohibit from
   participating in the Sweepstakes any individual who, in Sponsor’s
   discretion, Sponsor determines or believes (i) has tampered with the
   entry process or has undermined the legitimate operation of the Website
   or the Sweepstakes by cheating, hacking, deception or other unfair
   practices, (ii) has engaged in conduct that annoys, abuses, threatens
   or harasses any other entrant or any representative of Sponsor or (iii)
   has attempted or intends to attempt any of the foregoing. CAUTION: ANY
   ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR SOCIAL MEDIA PLATFORM
   ASSOCIATED WITH THIS SWEEPSTAKES OR UNDERMINE THE LEGITIMATE OPERATION
   OF THIS SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD
   SUCH AN ATTEMPT BE MADE, SPONSOR HAS THE RIGHT TO SEEK DAMAGES
   (INCLUDING ATTORNEYS’ FEES) FROM ANY PERSON INVOLVED TO THE FULLEST
   EXTENT PERMITTED BY LAW. The use of agents or automated devices,
   programs or methods to submit entries is prohibited and Sponsor has the
   right, in its sole discretion, to disqualify any entry that it believes
   may have been submitted using such an agent or automated device,
   program or method. In the event of a dispute regarding who submitted an
   entry, the entry will be deemed to have been submitted by the
   authorized account holder of the email address submitted at the time of
   entry. “Authorized account holder” means the person who is assigned an
   email address by an internet provider, online service provider or other
   organization (e.g., business, educational institute, etc.) that is
   responsible for assigning email addresses for the domain associated
   with the submitted email address. An entrant may be required to provide
   proof (in a form acceptable to Sponsor, including, without limitation,
   government-issued photo identification) that he or she is the
   authorized account holder of the email address associated with the
   entry in question. All federal, state, and local laws and regulations
   apply. All entries become the property of Sponsor and will not be
   verified or returned. By participating in this Sweepstakes, entrants on
   behalf of themselves, and to the extent permitted by law on behalf of
   the Entrant Parties agree to be bound by these Official Rules and the
   decisions of Sponsor, which are final and binding in all respects.
   These Official Rules may not be reprinted or republished in any way
   without the prior written consent of Sponsor.
7. DISPUTES:
   By entering the Sweepstakes, each entrant on behalf of himself or
   herself and the Entrant Parties agrees that, to the maximum extent
   permitted by applicable law, (a) any and all disputes, claims and
   causes of action arising out of or connected with the Sweepstakes, or
   the provision, acceptance and/or use of any prize or prize component,
   will be resolved individually, without resort to any form of class
   action (Note: Some jurisdictions do not allow restricting access to
   class actions. This provision will not apply to entrant if entrant
   lives in such a jurisdiction); (b) any and all claims, judgments and
   awards shall be limited to actual out-of-pocket costs incurred,
   including costs associated with entering the Sweepstakes, but in no
   event attorneys’ fees; and (c) under no circumstances will any entrant
   or Entrant Party be permitted to obtain any award for, and each entrant
   and Entrant Party hereby waives all rights to claim, punitive, special,
   incidental or consequential damages and any and all rights to have
   damages multiplied or otherwise increased and any other damages, other
   than for actual out-of-pocket expenses. All issues and questions
   concerning the construction, validity, interpretation and
   enforceability of these Official Rules or the rights and obligations of
   the entrants, Entrant Parties and Sponsor in connection with the
   Sweepstakes shall be governed by, and construed in accordance with, the
   laws of the State of New York in the United States of America without
   giving effect to any choice of law or conflict of law rules or
   provisions that would cause the application of the laws of any
   jurisdiction other than the State of New York. Any legal proceedings
   arising out of this Sweepstakes or relating to these Official Rules
   shall be instituted only in the federal or state courts located in New
   York County in the State of New York, waiving any right to trial by
   jury, and each entrant and Entrant Party consents to jurisdiction
   therein with respect to any legal proceedings or disputes of whatever
   nature arising under or relating to these rules or the Sweepstakes. In
   the event of any conflict between these Official Rules and any
   Sweepstakes information provided elsewhere (including but not limited
   in advertising or marketing materials), these Official Rules shall
   prevail.
8. USE OF INFORMATION:
   Personal information supplied is subject to applicable data protection
   laws and Sponsor’s Privacy Notice at
   https://us.macmillan.com/privacy-notice. By entering the sweepstakes,
   entrants acknowledge that they have read Sponsor’s Privacy Notice and
   hereby agree to Sponsor’s collection and use of their personal
   information in accordance with such laws and Privacy Notice.
9. WINNER NAME AND RULES REQUESTS:
   For the name(s) of the winner(s), which will be available two weeks
   after the conclusion of the Entry Period, or a copy of these Official
   Rules, send a self-addressed, stamped envelope to The Photographer (ARC
   + Viewfinder) Sweepstakes, St. Martin’s Press, 120 Broadway, FL 26, New
   York, NY 10271. Winner name requests must be received by Sponsor within
   six months after the conclusion of the Entry Period.
10. SPONSOR:
    St. Martin’s Press, 120 Broadway, New York, NY 10271. The Sweepstakes
    is in no way sponsored, endorsed or administered by, or associated
    with, Facebook or Instagram.

©2021 Macmillan Publishers. All rights reserved.