PSYCH "SPOT THE PINEAPPLE" SWEEPSTAKES
OFFICIAL RULES
1/27/10 - 3/16/10
NO PURCHASE OR TEXT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. The Psych "Spot the Pineapple" Mobile Sweepstakes (the "Sweepstakes") is sponsored by Universal Television Networks ("UTN" or "Sponsor"), 30 Rockefeller Plaza, New York, New York 10112.
1. ELIGIBILITY: Open only to legal, permanent US residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other United States territories) and who are eighteen (18) years of age or older at 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.
2. SWEEPSTAKES PERIOD/HOW TO ENTER: The Sweepstakes begins at 10:00 pm ET on January 27, 2010 and ends at 11:59 pm ET on March 16, 2010 (the "Sweepstakes Period"). All times in this Sweepstakes refer to Eastern Time. The Sweepstakes consists of seven (7) Weekly Drawings conducted over the seven (7) weeks during the Sweepstakes Period. Each Weekly Drawing will consist of: (i) a promotion period (a "Weekly Entry Period") that will begin at 10:00 pm on Wednesday and will end the following Tuesday at 11:59 pm as detailed in the chart below and (ii) a random drawing (a "Weekly Prize Drawing") conducted on the Weekly Drawing Date specified in the chart below from among all eligible entries received during such Weekly Entry Period. Ten (10) weekly winners will be selected in each of the seven (7) Weekly Prize Drawings, for a total of seventy (70) 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 7) must be received by 11:59 pm on March 16, 2010. Limit of one (1) entry per person/mobile device number/email address per Weekly Entry Period for a total number of entries not exceeding the number of Weekly Promotions during the Sweepstakes Period. For example, if there are seven (7) Weekly Entry Periods, the total number of permitted entries per person/mobile device number/email address during the entire Sweepstakes Period is seven (7). Regardless of the method of entry, you are limited to ONE (1) entry for each Weekly Entry Period. Entries from the same person in excess of one (1) for any Weekly Entry Period will be disqualified. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor and will not be acknowledged. In the event of a dispute as to the identity of an entrant, the authorized account holder of the mobile device or email address used to enter, if applicable, will be deemed to be the entrant. "Authorized account holder" of a mobile device is the defined as the natural person in whose name the device has been issued and to whom services are billed. "Authorized account holder" of an e-mail address is defined as the natural person who is assigned to an email address by an Internet access provider, online 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. Entry constitutes permission (except where prohibited by law) to use each Weekly Winner's (as defined below) 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, permission or approval.
How To Enter by Mobile Device: To enter this Sweepstakes by mobile device, you must have a text messaging capable mobile device from a participating carrier. There are two (2) ways to enter by mobile device.
a. Mobile Fan Club Entry: You must be a member of the "Psych" mobile fan club ("Psych Fan Club"). Entrants can register to become part of the Psych Fan Club by visiting the Psych Fan Club website at psych.usanetwork.com (the "Website"), and entering and submitting the required information. Alternatively, you may subscribe to the Psych Fan Club by texting "PSYCH" to the short code USATXT (872898). Once registered for the Psych Fan Club, one (1) weekly text message ("Weekly Text Message") containing a weekly question ("Weekly Question") will be sent to your mobile device. You can enter each Weekly Drawing once by replying to the Weekly Text Message with your answer to the Weekly Question from the letter choices that will be presented with the Weekly Question. Once a Weekly Entry Period has begun, entrants may answer the corresponding Weekly Questions (and enter the Weekly Promotion) until the Weekly Entry Period End Date of such Weekly Entry Period, as listed in the chart below. For each response to a Weekly Question submitted via text message, you will receive one (1) entry into the Weekly Drawing. In addition, the Weekly Question will also be posted at the Website. You may unsubscribe to the Psych Fan Club Mobile Program at any time by texting PSYEND to USATXT. Your answer to the Weekly Question will not affect your chances of winning this Sweepstakes.
b. Text Entry: To enter by mobile device without joining the Psych Fan Club, during select first-run episodes of Psych (or the "Show") (see the Weekly Entry Period Start Date in the below chart), viewers will be invited to text "PINEAPPLE" to USATXT (872898). After texting in the short code "PINEAPPLE", entrants will receive a multiple-choice question on his/her mobile device. You can enter each Weekly Drawing once by replying to the Weekly Text Message with your answer to the Weekly Question from the letter choices that will be presented with the Weekly Question.
Please use caution and do not drive while entering the Promotion. STANDARD TEXT MESSAGE RATES APPLY TO EACH TEXT MESSAGE SENT AND RECEIVED.
Free Method of Entry Online: To enter the Sweepstakes' Weekly Prize Drawings for free without using a text messaging capable mobile device, visit the Website, click on the Sweepstakes banner or link, and complete the online registration form in its entirety, including the letters for your answer to the Weekly Question for the corresponding Weekly Entry Period, as well as your name, email address, telephone number, zip code, gender, and date of birth, and submit your entry. Once a Weekly Entry Period has begun, entrants may answer the corresponding Weekly Question (and enter the Weekly Promotion) until the Weekly Entry Period End Date of such Weekly Entry Period, as listed in the chart below. Your answer to the Weekly Question will not affect your chances of winning this Sweepstakes.
| Weekly Drawing |
Weekly Entry Period Start Date |
Weekly Entry Period End Date |
Weekly Drawing Date |
| 1 |
9:00pm Eastern on January 27, 2010 |
11:59pm Eastern on February 2, 2010 |
On or about February 4, 2010 |
| 2 |
9:00pm Eastern on February 3, 2010 |
11:59pm Eastern on February 9, 2010 |
On or about February 11, 2010 |
| 3 |
9:00pm Eastern on February 10, 2010 |
11:59pm Eastern on February 16 , 2010 |
On or about February 18, 2010 |
| 4 |
9:00pm Eastern on February 17 2010 |
11:59pm Eastern on February 23, 2010 |
On or about February 25, 2010 |
| 5 |
9:00pm Eastern on February 24, 2010 |
11:59pm Eastern on March 2, 2010 |
On or about March 4, 2010 |
| 6 |
9:00pm Eastern on March 3, 2010 |
11:59pm Eastern on March 9, 2010 |
On or about March 11, 2010 |
| 7 |
9:00pm Eastern on March 10, 2010 |
11:59pm Eastern on March 16, 2010 |
On or about March 18, 2010 |
3. RANDOM DRAWING/WINNER NOTIFICATION: Ten (10) weekly winners ("Weekly Winners") (i.e., ten (10) winners per Weekly Entry Period) 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 Sponsor, whose decisions are final and binding with respect to all matters related to the Sweepstakes. Odds of winning will depend upon the number of eligible entries received. Winning is subject to verification of eligibility. Sponsor will make two (2) attempts to notify each potential Weekly Winner at the mobile device number and/or email address submitted at the time of entry. Potential Weekly Winners may be required to execute and return an Affidavit of Eligibility and Liability Release ("Affidavit and Release") and Publicity Release (where legal) within seven (7) 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 Weekly Winner may be selected in a random drawing from among all remaining eligible entries. Limit one (1) Prize Pack (as defined below) per family or household.
4. PRIZE: Each Weekly Winner (ten (10) Weekly Winners per Weekly Entry Period) will receive a Psych Prize Pack ("Prize Pack") consisting of items as listed below or as otherwise selected by Sponsor in its sole discretion. The Prize Pack may include such items as the Psych talking bobbleheads, Season 3 DVD, Pineapple t-shirt, Call of the Mild book, Pineapple stress toy, and magnet. Approximate Retail Value (ARV) of each Prize Pack is seventy dollars ($70). Total ARV for all Prize Packs is four thousand nine hundred dollars ($4900). Winner is responsible for all federal, state and local taxes. No transfer, substitution or cash redemption will be awarded in lieu of stated prize except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, at its sole discretion. If prize is unclaimed, it will be forfeited, and an alternate Weekly Winner may be selected from the remaining eligible entries.
5. CONDITIONS: By entering the Sweepstakes, entrant agrees for entrant and for entrant's heirs, executors, and administrators (i) to release and hold Sponsor, USA Network, 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 claim, 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 Sweepstakes or misuse, nonuse or use of any prize; (ii) 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; (iii) if selected as a Weekly Winner, to the posting of such entrant's name on the Website and the use by Released Parties of such name, and entrant's 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, permission, notification or approval, and, upon request, to the giving of consent, in writing, to such use; (iv) to waive all rights to claim punitive, incidental and consequential damages, attorney' fees or any damages; and (v) 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.
6. ADDITIONAL TERMS: 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 the Website. 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. 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. The failure of Sponsor 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 Sponsor (excepting compliance with applicable codes and regulations), or other "force majeure" event will not be considered a breach of these Official Rules.
Due to the nature of television, the broadcast dates and times of each first run episode of "Psych" (the "Show") (and, therefore, the entry and random drawing dates and times) are subject to change. In the event the Show is canceled prior to exhibition, the Sweepstakes will terminate as of the date of such cancellation. Additionally (and without limiting the foregoing), 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 the prizes may not be awarded; except that Sponsor, in its sole discretion, reserves the right to pick Weekly 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 Website.
7. WINNERS' NAMES: For the names of the winners, available after April 30, 2010, please send a self-addressed, postage paid envelope to Psych "Spot the Pineapple" Mobile Sweepstakes, 30 Rockefeller Plaza, 21st Floor, New York, NY 10112 by March 1, 2010.
8. 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 experience 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. 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.
9. PRIVACY: Weekly Winners' names and contact information will be shared by Sponsor in order to contact Weekly Winners for the purpose of fulfillment of prizes. Information supplied by entrants will be shared by Sponsor in accordance with its privacy policy, posted at
http://www.usanetwork.com/privacy/.
10. 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 SWEEPSTAKES OR A DELAY IN THE PROCESSING OF TEXT MESSAGE OR ONLINE ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSOR/SPONSOR'S REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY TEXT MESSAGE OR ONLINE ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
