The DIG Instant Win Sweepstakes Rules

The DIG Instant Win Sweepstakes
Official Rules
January 16, 2015 — March 5, 2015

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve your chances of winning. Void where prohibited. The DIG Instant Win Sweepstakes (“Sweepstakes”) will begin on January 16, 2015 at 9:00:00 A.M. ET and end on March 5, 2015 at 9:00:00 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Plays (as defined below). Sweepstakes is subject to all applicable federal, state and local laws. PARTICIPANTS SHOULD NOT EXPOSE THEMSELVES OR OTHERS TO ANY DANGEROUS OR HARMFUL BEHAVIOR OR ACTIVITY AT ANY TIME DURING THIS SWEEPSTAKES.

ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands and other U.S. territories), who are eighteen (18) years of age or older and of the age of majority in their state of residence. To participate via Mobil App (defined below), you must own a compatible mobile device with a data plan capable of accessing and downloading the Mobile App prior to 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, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), Fandango Loyalty Solutions, LLC, L.A. Promotion Development, Inc. (“Administering Agency”), 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 PLAY: There are two (2) ways to enter the Sweepstakes; (1) via the Mobile App during the entire Sweepstakes Period, and (2) via select web sites from approximately 9:00:00 A.M. ET on March 1, 2015 to 9:00:00 P.M. ET on March 5, 2015.

(1) Mobile App: During the entire Sweepstakes Period, download onto your compatible mobile device the official DIG Decoder application (“Mobile App”) available free of charge on Apple’s App Store or the Google Play Store. To download the Mobile App, visit Apple’s App Store or Google Play Store and search for “Dig Decoder” and install to your mobile device. The Mobile App is only available for use with Android 4.1 or above or iOS 7.0 or above (iPhone 4S or above, iPad2 or above). There will be a maximum of ten (10) original (“Dig Arts”, each a “Dig Art”). Dig Art can be found on official Dig social media accounts, nationwide newspaper publications and magazines, at http://www.usanetwork.com/dig/digdecoder/art and various public spaces in or around New York City. Once you find a piece of Dig Art, open up the Mobile App and take a picture of the Dig Art. You will then have to enter in your name, email, birthday and zip code to log-in, and then the Dig Art in the Mobile App will give you one (1) play (“Mobile App Play”). You can enter once per Dig Art, for a maximum of up ten (10) Mobile App Plays.

(2) Online Method of Entry: During 9:00am ET on March 1, 2015 through 9:00pm ET on March 5, 2015, visit select websites (“Website”, each a “Website”) to find official Dig symbols (“Dig Symbols”, each a “Dig Symbol”), and click on the Dig Symbol to get one (1) play (“Website Play”). Before you can use your Website Play, you must enter in your name, email, birthday and zip code. There will be a maximum of forty-five (45) Dig Symbols. You can enter once per Dig Symbol; for a maximum total of forty-five (45) Website Plays.

Each entrant can enter a maximum of fifty-five (55) times between Mobile Plays and Website Plays.

All Mobile Plays and Website Plays will be collectively referred to as “Plays” or “Play”.

Standard data or other rates from your carrier apply. Multiple Plays received from any person beyond the limit stated above will void all such additional Plays. Plays generated by a script, macro, or other automated means will be disqualified. Plays must be received before March 5, 2015 at 9:00:00 P.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Plays 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 used to Play will be deemed to be the entrant, provided that person meets the eligibility requirements for this Sweepstakes. “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. Play 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.

PARTICIPATION CONDUCT: By participating, each participant (i) understands the Sponsors have not arranged for and does not carry any insurance of any kind for participant’s benefit and that participant will be solely responsible for obtaining and paying for any medical, life, accident, automobile, property or other insurance relative to his/her participation in the Sweepstakes; (ii) agrees that he/she will obey all traffic, safety and other applicable laws and will not speed or otherwise expose himself/herself or any other individual, whether participating in Sweepstakes or not, to harm or danger of any kind; (iii) agrees to release and hold harmless Sweepstakes Entities from any injuries, losses or damages of any kind, including, without limitation, death, to persons, or property resulting in whole or in part, directly or indirectly, from participating in the Sweepstakes.

PRIVACY: Entrants will have the opportunity to receive information from USA Network and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from USA Network or our partners, please go to our privacy policy, located at http://www.usanetwork.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.

WINNER SELECTION AND NOTIFCIATION: After an entrant submits a Play, entrant will be notified instantly if they are a winner (“Instant Winner”). There will be a total of four hundred and eight (408) Instant Winners. Instant Winners and winning Play will be chosen at random. Limit one (1) Prize per individual.

PRIZES: There will be four hundred and eight (408) prizes (“Prizes, each a Prize”) awarded; one (1) to each Instant Winner. Each Prize will consist of one (1) reward code valid for one (1) Visa® Rewards Virtual Account (“Visa Rewards Virtual Account”). Prize redemption instructions will be provided to each Instant Winner online and at the time of a winning Play. Visa Rewards Virtual Account must be activated by 9/30/2015 and is void if not activated by expiration date. Visa Rewards Virtual Account will be valid for three (3) months from the date of activation and will be void if not used by the expiration date. Prize is subject to certain terms and conditions. Restrictions apply. Virtual Account can be used online wherever Visa debit is accepted and use governed by terms set forth in the Accountholder Agreement at www.activaterewards.com/virtualvisa/terms_and_conditions. No cash value. Not for resale; void if sold or exchanged. Cannot be replaced if lost or stolen. Not valid with any other offer. Offer and Virtual Account valid only in the U.S., excluding U.S. territories. Issued by MetaBank®, Member FDIC, pursuant to a license from Visa U.S.A. Inc. MetaBank® is not the issuer of the Sweepstakes. Fandango Loyalty Solutions, LLC is not a sponsor or co-sponsor of this promotion. Virtual Account is powered by Fandango Loyalty Solutions, LLC. ©2015 Fandango Loyalty Solutions, LLC. All Rights Reserved.

Prizes will be awarded in the following amounts:

Prizes to Be Awarded

Number of Instant Prizes Approximate Retail Value of each Instant Winner Prize Total Amount Awarded
1 $1,000.00 USD $1,000.00 USD
2 $500.00 USD $1,000.00 USD
10 $100.00 USD $1,000.00 USD
45 $50.00 USD $2,250.00 USD
100 $25.00 USD $2,500.00 USD
250 $10.00 USD $2,500.00 USD

Estimated Retail Value (“ERV”) of all Prizes is ten thousand dollars ($10,250.00). Actual retail value (“ARV”) may vary. Any difference between ERV and ARV will not be awarded.

For any Prize with an ARV of six hundred dollars ($600) or greater, Sponsor will furnish an Internal Revenue Service Form 1099 to Instant Winner for the ARV of the Prize for the year in which the Instant Winner Prize was won.

All details of Prizes will be determined by Sponsors 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 Prize are the sole responsibility of each Instant Winner. Prize cannot be transferred by an Instant Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by an Instant Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it may be forfeited. Prize is subject to certain terms and conditions as specified by issuer.

Each Instant Winner is solely responsible for all expenses and costs associated with acceptance and/or use of his/her Instant Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of the Prize awarded. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances.

CONDITIONS: By Playing 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 (including any travel related thereto); (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 Prize, including express warranties provided exclusively by prize supplier that are sent along with 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 or mobile device 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, mobile device or app store failures or changes 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; malfunctioning DIG-themed symbols for this Sweepstakes; or for Plays 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 Winners in a random fashion from among all eligible, non-suspect Plays 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). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.

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 Instant Winners, available after March 16, 2015, send a self-addressed, stamped envelope to be received by April 3, 2015 to: DIG Instant Win Sweepstakes Winners List Request, 5021 Verdugo Way, Suite 105–321, Camarillo, CA 93012.

Fandango Loyalty Solutions, LLC and its parents, affiliates, and subsidiaries are not responsible for the promotion, administration or execution of this Sweepstakes.