Character Approved Sweepstakes Official Rules
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Game of the Week Sweepstakes ("Sweepstakes") will begin on March 8, 2011 at 11:00 PM ET and end on April 19, 2011 at 11:59 PM ET ("Sweepstakes Period"). The Sweepstakes will consist of six (6) weekly drawings (each a "Weekly Drawing"). Each Weekly Drawing will consist of a weekly entry period ("Weekly Entry Period") as set forth in the chart below. All times in the Sweepstakes refer to Eastern Time ("ET"). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state and local laws.
March 8, 2011—April 19, 2011
ELIGIBILITY: Open only to permanent, legal United States ("U.S.") residents who are physically residing in one (1) of the forty-eight (48) continental U.S. or the District of Columbia (excluding Alaska, Hawaii, Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include USA Network and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112, (collectively, "Sponsors"), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: There are two (2) ways to enter the Sweepstakes:
The Sweepstakes consists of six (6) Weekly Drawings conducted over the six (6) weeks comprising the Sweepstakes Period. Each Weekly Drawing will consist of: (i) a Weekly Entry Period that will begin at 12:01 AM ET on Tuesday (each a "Weekly Period Start Date") and will end the following Monday at 11:59 PM ET (each a "Weekly Period End Date") as detailed in the chart below and (ii) a random drawing (a "Weekly Prize Drawing") conducted on the weekly drawing date ("Weekly Drawing Date") specified in the chart below from among all eligible Entries received during the corresponding Weekly Entry Period. One (1) weekly winner ("Weekly Winner") will be selected in each of the six (6) Weekly Prize Drawings, for a total of six (6) Weekly Winners throughout the entire Sweepstakes Period. Entries for each Weekly Drawing must be received by the Weekly Entry Period End Date for that particular Weekly Drawing as specified in the chart below. Entries for the last Weekly Drawing (Weekly Drawing 6) must be received by 11:59 PM ET on April 19, 2011. Limit of one (1) Entry per day per person/email address per Weekly Entry Period during the Sweepstakes Period regardless of method of entry. For example, if there are six (6) Weekly Entry Periods, the total number of permitted Entries during the entire Sweepstakes Period per person/email address is forty two (42). Entries from the same person in excess of one (1) per day during any Weekly Entry Period will be disqualified.
2. To enter the Sweepstakes without participating: To enter the Sweepstakes without participating, send an email with the subject line "Character Approved Sweepstakes" to email@example.com that includes the following information: your first and last name, complete home address (including street address, city, state and zip code), date of birth, telephone number (including area code), and email address ("Email Entry", then and together with "Online Entry" referred to herein collectively as "Entry"). Each Email Entry will be considered one (1) Entry into the Sweepstakes. All Entries become the property of Sponsors, and will not be acknowledged.
||Weekly Entry Period Start Date
||Weekly Entry Period End Date
||Weekly Drawing Date
||11:00 PM ET on March 8, 2011
||11:59 PM ET on March 14, 2011
||On or about March 16, 2011
||12:00 PM ET on March 15, 2011
||11:59 PM ET on March 21, 2011
||On or about March 23, 2011
||12:00 PM ET on March 22, 2011
||11:59 PM ET on March 28, 2011
||On or about March 30, 2011
||12:00 PM ET on March 29, 2011
||11:59 PM ET on April 4, 2011
||On or about April 6, 2011
||12:00 PM ET on April 5, 2011
||11:59 PM ET on April 11, 2011
||On or about April 13, 2011
||12:00 PM ET on April 12, 2011
||11:59 PM ET on April 18, 2011
||On or about April 20, 2011
Sponsors' computer shall be the official timekeeper for all matters related to this Sweepstakes. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address associated with the Twitter account or Entry will be deemed to be the entrant. "Authorized account holder" is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION:
Six (6) potential weekly grand prize winners (each "Weekly Grand Prize Winner" or "Winners") will be selected in a random drawing on or about the "Weekly Drawing Date" for that particular Weekly Drawing as specified in the chart above from among all eligible Entries received during the corresponding Weekly Entry Period by employees or representatives of Sponsors, whose decisions are final and binding with respect to all matters related to the Sweepstakes. There will be one (1) potential Weekly Grand Prize Winner per Weekly Entry Period during the Sweepstakes Period. Odds of winning will depend upon the number of eligible Entries received during the corresponding Weekly Entry Period. Winning is subject to verification of eligibility. Sponsors will make two (2) attempts to notify each potential Weekly Grand Prize Winner at the phone number and/or email address submitted at the time of entry. Potential Winners may be required to execute and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and Publicity Release (where legal) within five (5) days of date of attempted delivery. Noncompliance within this time period will result in disqualification, and, at Sponsors' sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if a Prize or Prize notification is returned as undeliverable, such potential Winner will be disqualified and time permitting, at Sponsors' sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. Limit one (1) Grand Prize (defined below) per household.
GRAND PRIZE: There will be six (1) grand prizes awarded (each a "Grand Prize" or "Prizes") during the Sweepstakes Period, one (1) Grand Prize will be awarded to each Weekly Grand Prize Winner. The Grand Prize will consist of: a Character Approved Gift Bag that will include a post card with names and photos of the honorees, a flip book, a Waiting for Superman DVD, a Great House book, a Tom's gift card for seventy five dollars ($75), a Merchant of Venice book, a Wasteland DVD, a Design Revolution book, a Janelle Monae CD "ArchAndroid," a Life on the Line book, a FourSquare T-shirt, and an Aaxa pocket projector.
Each Grand Prize will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsors. Gift cards are subject to all limitations, restrictions, terms and conditions imposed by applicable issuer. Estimated Retail Value ("ERV") of each Grand Prize is four hundred and thirty dollars ($430). The total ERV of all Grand Prizes is twenty five hundred and eighty dollars ($2,580).
Sponsors will determine all details of the Prizes in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of any Prize are the sole responsibility of each Winner. A Prize cannot be transferred by a Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of a Prize by a Winner. If a Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors' sole discretion.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, "Released Parties") from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant's participation in the or Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to a Prize, including express warranties provided exclusively by a Prize supplier that are sent along with a Prize; (c) if selected as a Winner, to the posting of such entrant's name on the Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors 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 Sponsors (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants' or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select the Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on the Website. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors' agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of the Winners, available after April 22, 2011, visit www.usanetwork.com, or send a self-addressed, stamped envelope to: Character Approved Sweepstakes, Rockefeller Plaza, 21st Floor, 2136E-4, New York, NY 10112.