The Burn Notice “Sun. Surf. Espionage.” Sweepstakes Official Rules
7/02/08 – 9/23/08
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED.
SPONSOR: The Burn Notice “Sun. Surf. Espionage.” Sweepstakes (the “Sweepstakes”) is sponsored by Universal Television Networks (“UTN” or “Sponsor”), 30 Rockefeller Plaza, New York, New York 10112.
SWEEPSTAKES PERIOD: The Sweepstakes begins at 9:00 am (ET) on July 2, 2008 and ends at 11:59 pm (ET) on September 23, 2008 (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time.
ELIGIBILITY: Open only to permanent legal U.S. residents physically residing in the fifty (50) United States and DC (residents of Guam and Puerto Rico are excluded from entry and participation) who are 18 years of age or older and have reached the age of majority in their state of residence as of the time of entry. Officers, directors, agents, and employees of Sponsor, and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
HOW TO ENTER: To enter, log on to http://burnnotice.usanetwork.com (the “Sweepstakes Website”) and follow the instructions on how to enter (including completing the official entry form in its entirety). All participants who successfully complete this entry process will be entered into the Sweepstakes. All entries become the property of Sponsor and will not be acknowledged or returned. Entries must be received by September 23, 2008 at 11:59 pm ET to be eligible for the Sweepstakes. LIMIT OF ONE (1) ENTRY TOTAL DURING THE SWEEPSTAKES PERIOD. Entries from the same person or email address in excess of one (1) will be disqualified. Normal Internet access and usage charges imposed by entrant’s online carrier will apply. 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 who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. 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 without additional compensation.
RANDOM DRAWING/WINNER NOTIFICATION: A Random Drawing will be conducted on or about September 30, 2008 by employees or representatives of Sponsor who will randomly select: one (1) potential Grand Prize Winner (the “Grand Prize Winner”); ten (10) potential First Prize Winners (the “First Prize Winners”); and thirty (30) potential Second Prize Winners (the “Second Prize Winners”) from among all eligible entries received during the Sweepstakes Period. Odds of winning depend on the total number of entries received. Sponsor will make two (2) attempts to contact each potential winner at the phone number and/or e-mail address provided at time of entry. If Sponsor is unable to reach a potential winner via phone or email after two (2) attempts, he/she may be disqualified and an alternate winner may be selected. Potential winner will be required to complete, sign, have notarized 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, with these Official Rules or the return of or inability to deliver any prize/prize notification/prize correspondence may result in disqualification and, at Sponsor’s discretion, and time permitting, an alternate potential winner may be selected.
PRIZES:
Grand Prize: There will be one (1) Grand Prize awarded, a trip for Winner and one (1) Guest to Miami, FL (the “Trip”). The Trip will include: Round-trip, commercial coach-class air transportation for Winner and his/her Guest from an airport near the Winner’s residence to an airport near or in Miami, FL (as determined by Sponsor in its sole discretion); Luxury accommodations (single room/double occupancy) for three (3) nights at a hotel near or in Miami, FL (as determined by Sponsor in its sole discretion); Four (4) day car rental in Miami (as determined by Sponsor in its sole discretion); Five hundred dollars ($500.00) spending cash for the Winner (form of payment to be determined by Sponsor in its sole discretion); Dinner for two (2) at a local hot spot (as determined by Sponsor in its sole discretion), and Breakfast each morning. The Approximate Retail Value (“ARV”) of the Trip is five thousand dollars ($5,000.00). ARV of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Winner will receive an IRS Form 1099 from Sponsor for the total ARV of Prize for the calendar year in which Prize was won. Prize details will be determined by Sponsor in its sole discretion. Sponsor reserves the right to substitute a Prize (or Prize element) of equal or greater value for any reason at its sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited and an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, as determined by Sponsor in its sole discretion, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s prize obligation to Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by Sponsors in its sole discretion. Winner’s Guest must be the age of majority in his/her state of residency as of the first date of travel or Winner must be Guests’s parent or legal guardian and must complete and return all releases on behalf of minor. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the Event, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsor in its sole discretion. Sponsor has the right its sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Travel must be completed by September 23, 2009, or at another date specified by Sponsor or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsor is not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsor. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsor’s control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of Winner and Guest. All elements of Prize must be redeemed at the same time. If Winner chooses to take the Trip with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned to Sponsor by a date specified, or Guest portion of Prize will be forfeited.
First Prizes and Second Prizes:
Ten (10) potential First Prize Winners will each receive one (1) pair of Oliver Peoples sunglasses (the “Sunglasses”). The ARV of each pair of Sunglasses is $350.00. Total ARV of the ten (10) pairs of Sunglasses is $3,500.00. The First Prize offer is not affiliated with Oliver Peoples/Luxottica or any of its affiliates. Thirty (30) potential Second Prize Winners will each receive a Burn Notice Swag Bag (“Swag Bag”) with summer items such as a boogie board, towel, umbrella, mini iPod speaker, and water gun. Prize items in Swag Bag will be determined by Sponsor in its sole discretion. The ARV of each Swag Bag is $300.00. Total ARV of the thirty (30) Swag Bags is $9,000.00. Winner is responsible for all federal, state and local taxes. No transfer, substitution or cash redemption will be awarded in lieu of stated prizes except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. All prize details are at the sole discretion of the Sponsor. There is a limit of one (1) prize per person and/or household.
GENERAL RULES: Acceptance of prize constitutes permission to the Sponsor and its designees to use winner's name, city, state, likeness, voice, biographical information and statements 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 or permission, unless prohibited by law. By participating, entrant (i) agrees to release and hold Sponsor, NBC Universal, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability arising in whole or in part, directly or indirectly, out of participation in the Sweepstakes or misuse, nonuse or use of any prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorney’ fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these Official Rules and the decisions of the Sponsor which are final and binding on all matters relating to the Sweepstakes. Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries; or for technical hardware or software malfunctions or failures of any kind, lost, unavailable network connections, or failed, incomplete, garbled or delayed computer transmission, which may limit an individual’s ability to participate. Sponsor reserves the right in its sole discretion, to cancel, suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s), (and their entries) if any fraud, virus, actions by entrants, technical or other error or problem of any kind, or any other occurrence corrupts or affects the administration, integrity, security, or proper play of the Sweepstakes, as determined by Sponsor in its sole discretion. In the event of cancellation, Sponsor reserves the right, at its sole discretion, to award any prize in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted at burnnotice.usanetwork.com. CAUTION: Any attempt by an entrant to deliberately damage any web site or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil laws, and should such an attempt be made, Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law, including criminal prosecution. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email. Released Parties are not responsible for any technical, mechanical, printing, typographical, human or other error or any kind relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in the administration of the Sweepstakes, the processing of entries, the announcement of the prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with this Sweepstakes. If for any reason this Sweepstakes is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor’s sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right to cancel, terminate, modify or suspend all or any part of the Sweepstakes and any prize may not be awarded; except that Sponsor, in its sole discretion, reserves the right to pick winner(s) in a random drawing from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. Any changes will be posted on the Sweepstakes Website.
WINNER’S NAME: For the names of the Winner(s), available after November 1, 2008, please send a postage paid envelope to USA Network, Attn: The Burn Notice “Sun. Surf. Espionage.” Sweepstakes, 30 Rockefeller Plaza, 21st Floor, New York, NY 10112 by December 1, 2008 or visit burnnotice.usanetwork.com.
NO WARRANTIES: Sponsor makes no warranties covering any of the prize(s) furnished as part of this Sweepstakes.
GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York 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 New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court.
PRIVACY: Winner’s name and contact information will be shared by Sponsor in order to contact winner for the purpose of fulfillment of prizes. Information supplied by non-winning entrants will be shared by Sponsor in accordance with its privacy policy, posted at http://www.usanetwork.com/privacy/.
