Old Town Model Railroad Depot Membership Sweepstakes
OFFICIAL RULES – NO PURCHASE NECESSARY
TO ENTER OR WIN. A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE UNITED STATES AND D.C., 18 YEARS OF AGE OR OLDER. VOID WHERE PROHIBITED.
1. How to Enter: Beginning on May 20, 2021 until the Old Town Model Railroad Depot, LLC (the “Depot”, the “Sponsor”, or “We”) announce that the promotion is over (the “Promotion Period”), you may enter the “Old Town Model Railroad Depot Sweepstakes” (the “Promotion”) by visiting the Old Town Model Railroad Depot at 2415 San Diego Avenue, Suite 107, San Diego California 92110, showing your completed COVID-19 vaccination card, and completing and submitting the entry form. Incorrect and incomplete entries are void.
All entries must be received by the end of the Promotion Period to be valid. There is a limit of one (1) entry, per valid email address, per eligible person. For purposes of this Sweepstakes, a “day” begins at 12:00 a.m. PT and ends at 11:59 p.m. PT unless specified otherwise. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same email address. Any attempt by you to obtain more than one (1) entry by using multiple/different email addresses, identities, registrations or logins, or any other methods may void your entries and you may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, sweepstakes entry services) will void all entries by you. In the event of a dispute as to any online entry, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential winner may be required to show proof of being the authorized account holders.
2. Eligibility: This Promotion is open only to legal residents of the United States who are 18 years of age or older as of the Promotion start date. Void where prohibited.
4. Limitations of Liability: Old Town Model Railroad Depot Studios, LLC, its affiliates, subsidiaries, parents, advertising and promotion agencies, and their respective officers, directors, members, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to your or any other person’s computer relating to or resulting from participation in this Promotion; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost; printing or human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. All entries become the property of Sponsor and will not be returned. By entering, you agree to release, discharge, indemnify and hold harmless the Sponsor, and its subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, managers, and members, from and against all claims and damages or liability arising in connection with your participation and/or entry in the Promotion and/or their receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any Promotion-related activity or participation in this Promotion. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, the winner’s entry and acceptance of the prize constitutes permission for the Sponsor to use said winner’s name, username, photographs, likenesses, statements, biographical information, and voice on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. You further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. You acknowledge that Section 1542 provides that: “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.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
5. How Winners will be Determined: The winners (the “Winners”) will be selected in a random drawing from among all eligible entries on a weekly basis at the close of business each Sunday until the end of the Promotion. The Winners do not have to be present to win. Decisions of Sponsor with respect to Winners and other matters pertaining to the Promotion shall be final. The odds of winning depend upon the number of eligible entries received.
6. Conditions of Entry: Entry materials that have been tampered with or altered are void. If, in the Sponsor’s opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the Sponsor reserves the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and conduct a random drawing to award the prize using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Depot’s social media channels. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY YOU TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY’S FEES) FROM YOU TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. Prize: The Winners will receive a one-year Family Membership to the Old Town Model Railroad Depot (the “Grand Prizes”). There will be no background art. The approximate retail value (“ARV”) of each Grand Prize is $45.00.
The specifics of all aforementioned elements of the Grand Prizes in the Promotion shall be solely determined by Sponsor.
All costs, taxes, fees, and expenses associated with any element of the Grand Prize not specifically addressed above are the sole responsibility of the Winners. All federal, state and local taxes on the Grand Prize are the Winners’ responsibilities.
Grand Prize cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the Grand Prizes, or portions thereof, with a prize of equal or greater value.
8. Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Sponsor in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of California without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of California. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in San Diego County, California, and you expressly consent to the jurisdiction of and venue in such courts and waive all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. For disputes that are subject to these Rules, you agree that you can only bring a claim against any party on an individual basis. YOU CANNOT BRING A CLAIM AS A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE ACTION. If a court decides that this “Class Action Waiver” subsection is not enforceable or is invalid, then this section shall cease to have effect, however, the remaining portions of the Rules will remain in full force and effect. You agree to service of process by mail or other method acceptable under the laws of the State of California. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. YOU (AND YOUR PARENTS OR LEGAL GUARDIANS IF YOU ARE A MINOR) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY’S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.
9. Winner List: To receive the name of the Winners, send a stamped self-addressed envelope to: Old Town Model Railroad Depot Studios, LLC, 2415 San Diego Avenue, Suite 107, San Diego California 92110 within sixty (60) days of expiration of the Promotion Period.
10. Sponsor and Administrator: Old Town Model Railroad Depot Studios, LLC, 2415 San Diego Avenue, Suite 107, San Diego California 92110