UNIVERSAL TELEVISION NETWORKS
"BURN NOTICE MIAMI SPY SWEEPSTAKES"
OFFICIAL RULES
June 22, 2007
NO PURCHASE NECESSARY TO ENTER OR WIN. The "Burn Notice Miami Spy Sweepstakes" ("Promotion") is sponsored by USA Network, a division of Universal Television Networks ("Sponsor"). Promotion will commence at 10:59p.m. (ET) on Thursday, June 28 and end at 11:59 p.m. (ET) on Wednesday, September 26, 2007 (the "Promotion Period"). Promotion is void where prohibited or restricted by law.
ELIGIBILITY. All individual entrants must be 18 years of age or older and have reached the age of majority in his or her state of residence as of June 28, 2007 and must be a legal US resident physically residing in the Continental United States or the District of Columbia (residents of Alaska, Hawaii, Guam and Puerto Rico are excluded from entry and participation). Employees of Sponsor, NBC Universal, Inc., or of any of their respective parent or related companies, or of any of their respective affiliates, subsidiaries, agents, or advertising and promotional agencies, and any other entity involved in the develop.m.ent or administration of the Promotion, and any members of their immediate families (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 enter.
HOW TO ENTER. This Promotion consists of one (1) individual weekly promotion (each, a "Weekly Promotion") conducted during each of the eleven (11) weeks comprising the Promotion Period (for a total of eleven (11) Weekly Promotions during the Promotion Period). Each Weekly Promotion will consist of (i) a promotion period (a "Weekly Promotion Period") that will begin at 10:59p.m. (ET) each Thursday during the Promotion Period and will end the following Wednesday at 11:59 p.m. (ET) and (ii) a random drawing (a "Weekly Prize Drawing") conducted on or about the Monday following the end of the Weekly Promotion Period from among all eligible entries received during the corresponding Weekly Promotion Period. Ten (10) Weekly Winners will be selected in each Weekly Prize Drawing. The Promotion will also consist of a Grand Prize random drawing (the "Grand Prize Drawing") conducted on or about September 30, 2007. The Grand Prize Drawing will be conducted from among all eligible entries received during all of the Weekly Promotion Periods. One (1) Grand Prize Winner will be selected in the Grand Prize Drawing. Each entry for any Weekly Drawing also constitutes an entry into the Grand Prize Drawing. The only means of entry into the Grand Prize Drawing is by submitting an entry for a Weekly Drawing. Entries for the last Weekly Prize Drawing (week 11) must be received by 11:59 p.m. (ET) on September 26, 2007, which is also the deadline to be eligible for entry into the Grand Prize Drawing. Entrants selected as Weekly Winners are eligible to win the Grand Prize Drawing.
HOW TO ENTER BY CELL PHONE. If you have a text messaging capable cell phone from a participating carrier, you may enter the Promotion by text message by signing up during the Promotion Period to receive, by text message on your cell phone, the designated weekly Burn Notice Mobile Question (the "Weekly Question") once per week during each Weekly Promotion Period. You can sign up initially to receive the Weekly Question, and receive one (1) entry into the Promotion by sending a text message to the short code 89183 with the word "BURN" during any Weekly Promotion Period. T-Mobile subscribers will receive a text message asking them to confirm entry into the Promotion. (You may receive an error message noting delivery failure; if you receive an error message, please try again). You may also sign up online to receive the Weekly Question by text message on your cell phone by going to burnnotice.usanetwork.com. Once you have signed up to receive the Weekly Question, you will receive the Weekly Question by text message on your cell phone once per week during each subsequent Weekly Promotion Period. For each response you submit to a Weekly Question you receive, you will receive one (1) entry into the applicable Weekly Prize Drawing along with one (1) entry into the Grand Prize Drawing. (You do not have to respond with the correct answer in order to be entered. You only have to respond with an answer.) Standard text messaging rates apply to the entry and all other text message entries sent and received in connection with the Promotion. Please use caution and do not drive while entering the Promotion. You may respond to the Weekly Question by cell phone or on-line at burnnotice.usanetwork.com and receive an entry into the applicable Weekly Prize Drawing and the Grand Prize Drawing once per Weekly Promotion Period.
FREE METHOD OF ENTRY ONLINE. To enter the Promotion and a Weekly Prize Drawing (and the Grand Prize Drawing) without using a text messaging capable cell phone, click on the Burn Notice Miami Spy Sweepstakes icon at burnnotice.usanetwork.com and follow the instructions for completing and submitting your entry. All online entries must contain the following information: a) entrant's name, b) entrant's daytime telephone number, c) entrant's home address, d) entrant's e-mail address (if applicable); and entrant's date of birth. You may submit your entry for a Weekly Prize Drawing online at any time during the corresponding Weekly Promotion Period (see above). Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply.
Entries for each Weekly Prize Drawing must be received by 10:59 p.m. (ET) on the Wednesday of the corresponding Weekly Promotion Period. The final deadline to enter a Weekly Prize Drawing, and to be eligible for the Grand Prize Drawing is 11:59 p.m. (ET) on Wednesday, September 26, 2007.
LIMIT ONE (1) ENTRY per person, per week during the Promotion Period either by cell phone (text message) or on-line. Entries from the same person in excess of one (1) per week during the Promotion Period (regardless of method of entry) will be disqualified. All entries become the property of Sponsor and will not be returned or acknowledged.
CONDITIONS FOR PARTICIPATION AND VALIDATION OF ENTRIES. Text message and/or online entries generated by a script, macro, robotic or other automated means will be disqualified. You may enter up to one (1) time total each week during the Promotion Period; however, USE OF COMPUTER PROGRAMS TO ENTER AND/OR OTHER AUTOMATIC ENTRY METHODS, (SUCH AS HACKS OR BOTS), REGARDLESS OF METHOD OF ENTRY IS STRICTLY PROHIBITED. Sponsor reserves the right to disqualify, and block or discard any text message or online entries from any individual who enters by any kind of electronic, mechanical or other automated means or otherwise tampers with or hacks the entry process as determined by the Sponsor in its sole discretion. Sponsor also reserves the right, in its sole discretion, to cancel, modify or suspend the Internet, electronic and/or text-messaging portions of the Promotion in the event of a computer virus, bugs, tampering, unauthorized intervention, fraud, technical or system failure or disruption, force majeure or any other causes which, in its sole opinion, corrupt the administration, security, fairness, integrity, or proper operation of the Promotion. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION 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 INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. THIS IS OUTLINED MORE CLEARLY BELOW. Sponsor is not responsible for late, lost and/or incomplete text message or online entries, which will be disqualified.
WEEKLY PRIZE DRAWING/WINNER NOTIFICATION. A Weekly Prize Drawing will be conducted for each Weekly Promotion Period by employees or representatives of Sponsor, who will randomly pick ten (10) Weekly Winners from among all eligible text message and online entries received during such Weekly Promotion Period. Odds of winning depend on the total number of entries received. Within seventy-two (72) hours from the time of the potential Weekly Winner's selection, Sponsor or its representatives will make one (1) attempt to contact potential Weekly Winner(s) at the cell phone number or e-mail address provided at time of entry. If Sponsor or its representatives are unable to reach a potential Weekly Winner after one (1) attempt, he/she may be disqualified and an alternate may be selected. Potential Weekly Winner(s) may 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 may result in disqualification and, at Sponsor's discretion, and time permitting, an alternate potential winner may be selected.
GRAND PRIZE DRAWING/WINNER NOTIFICATION. A Grand Prize Drawing will also be conducted on or about September 30, 2007 (the "Grand Prize Drawing Date") by employees or representatives of Sponsor, who will randomly pick one (1) Grand Prize Winner from among all eligible text message and online entries received throughout all Weekly Promotion Periods. Within seventy-two (72) hours from the time of the potential Grand Prize Winner's selection, Sponsor or its representatives will make no more than two (2) attempts to contact potential Grand Prize Winner at the cell phone number or e-mail address provided at time of entry. If Sponsor or its representatives are unable to reach a potential Grand Prize Winner after two (2) attempts, he/she is found to be ineligible, he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification is undeliverable, such potential Grand Prize Winner will be disqualified and an alternate potential Grand Prize Winner will be selected. Potential Grand Prize 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. Odds of winning the Grand Prize depend on number of eligible entries received throughout the Promotion Period.
PRIZES. Sponsor will award to each winner of each Weekly Prize Drawing (a "Weekly Winner") one (1) Weekly Prize consisting (at Sponsor's discretion) of either a BURN NOTICE t-shirt or a BURN NOTICE visor. The approximate retail value of each Weekly Prize is $10. The approximate retail value of all weekly prizes is $1,100. Sponsor will also award to the winner of the Grand Prize Drawing (the "Grand Prize Winner") one (1) Grand Prize consisting of a weekend trip for two (2) to Miami, Florida (the "Trip"). The Trip shall include coach class airfare for winner and guest from major airport closest to winner's home (as determined by Sponsor) to the Miami, Florida metropolitan area and Four (4) days/Three (3) nights hotel accommodations (standard room, double occupancy). The approximate retail value of the Grand Prize is $3,500. Actual value may vary depending on city of departure and dates of travel. Trip must be taken within dates provided by the Sponsor and, in any event, Trip must be taken before June 28, 2008, or Grand Prize is forfeited. Travel arrangements must be made through Sponsor's agent, on a carrier of Sponsor's choice. Certain travel restrictions and black out dates may apply. Sponsor has the right in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner's place of residence. Grand Prize Winner and travel companion must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of prize. Winner's travel companion must complete a travel guest liability/publicity release prior to the Trip, or this portion of the Grand Prize may be forfeited. Grand Prize Winner's travel companion must be the age of majority in his or her state of residency or Grand Prize Winner must be travel companion's parent or legal guardian and must complete and return all releases on behalf of minor. All travel and lodging will be at risk of Grand Prize Winner and travel companion. Sponsor will not replace any lost or stolen tickets, travel vouchers or certificates. Grand Prize Winner is solely responsible for all expenses and costs associated with acceptance and/or use of the Grand Prize not specifically stated herein as being awarded, including, without limitation, any and all federal, state and local taxes, ground transportation, meals, gratuities, souvenirs, personal incidentals, insurance, security, and airport fees. If Grand Prize Winner cannot accept prize as stated, prize will be forfeited and at Sponsor's discretion, an alternate winner may be selected. All details of the prize to be determined by Sponsor, in its sole discretion, subject to availability and event exigencies. Winner must be available on the dates selected by Sponsor.
The total retail value of all prizes is $4,600. All prize details are at the sole discretion of the Sponsor. Winner(s) may not substitute, assign or transfer prize or redeem prize for cash, but Sponsor reserves the right, in its sole discretion, to substitute prize (or portion thereof) of comparable or greater value. If any winner cannot accept prize as stated, prize will be forfeited and at Sponsor's discretion, an alternate winner may be selected. Winner is solely responsible for all federal, state, and local taxes on any prize awarded, and Sponsor shall have the right, but not the obligation, to make any deductions and withholdings that Sponsor deems necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Sponsor is responsible only for prize delivery; not responsible for prize utility, quality or otherwise. If any prize (or portion thereof) awarded (or scheduled to be awarded) in this Promotion is cancelled, rescheduled or postponed for any reason, or in the event that any prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor's prize obligation to any prize winner and no additional compensation will be awarded.
General Rules: Sponsor reserves the right to postpone, cancel, or modify the Promotion (or any element thereof, including, without limitation, these rules) in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these rules) without notice, in its sole discretion. In furtherance of, and without limiting, the foregoing, if for any reason this Promotion is not capable of being run or implemented as planned (as determined by Sponsor in its sole discretion), 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 Promotion, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend all or any part of the Promotion, or to disqualify any implicated entrant(s) (and their entries), and the prize(s) (or any portion thereof) may not be awarded. In the event of cancellation, termination, modification or suspension, Sponsor reserves the right, at its sole discretion, to pick winners in a random drawing from among all eligible, non-suspect entries received up to the time of the event or action warranting such cancellation, termination, modification or suspension, as applicable.
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, its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and any other entity involved in the develop.m.ent or administration of this Promotion, and each of their respective directors, officers, employees and assigns (collectively, the "Released Parties"), harmless against any and all claims and liability or any kind (including, without limitation, personal injury, death, and/or property damage) arising in whole or in part, directly or indirectly, out of participation in the Promotion or the acceptance, receipt, possession, misuse, nonuse or use of any prize (including any travel or activity related thereto); (ii) waives all rights to claim direct, indirect, punitive, incidental and consequential damages, attorney' fees or any damages other than actual out-of-pocket costs incurred to enter; (iii) agrees to be bound by these Official Rules and the decisions of Sponsor and judges which are final and binding on all matters relating to the Promotion, and (iv) agrees to waive any right to claim any ambiguity or error in these Official Rules or the Promotion itself.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered entries; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Promotion, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Promotion, the processing of entries, the announcement, delivery or use of any prize or in any Promotion-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 Promotion.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR BY SMS (TEXT MESSAGING), OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE PROMOTION OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSOR IS NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
Sponsor may prohibit any entrant or potential entrant from participating in the Promotion, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or their agents or representatives or (2) in any other disruptive manner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the cellular phone or email address used to enter, if applicable, will be deemed to be the entrant. "Authorized account holder" of a cellular phone is the natural person in whose name the phone has been issued and to whom services are billed. "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 address.
Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Promotion, 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 of the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Promotion, 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, Inc. ("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: Winners' names and contact information will be shared by Sponsor in order to contact winner(s) for the purpose of fulfillment of prizes. Information supplied by non-winning entrants will be shared by Sponsor in accordance with its privacy policy, which is posted at http://www.usanetwork.com/privacy/.
WINNER'S LIST/OFFICIAL RULES. For a list of winners, send a self-addressed, stamped envelope for receipt by September 30, 2008 to: "Miami Spy Sweepstakes", USA Network, 30 Rockefeller Plaza, 21st Floor, New York, NY 10112.