PSYCH "SPOT THE PINEAPPLE" SWEEPSTAKES
OFFICIAL RULES
1/16/09 – 2/26/09
NO PURCHASE OR TEXT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. The Psych "Spot the Pineapple" 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 United States residents physically residing in the fifty (50) United States and the District of Columbia (excluding Puerto Rico, Guam, US Virgin Islands and all other US territories), who are 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 16, 2009 and ends at 11:59 pm ET on February 26, 2009 (the "Sweepstakes Period"). All times in this Sweepstakes refer to Eastern Time. This Sweepstakes consists of six (6) weekly drawings ("Weekly Drawings") conducted over the six (6) weeks comprising 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 Friday (each a "Weekly Period Start Date") and will end the following Thursday at 11:59 pm (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 such Weekly Entry Period. Ten (10) weekly winners will be selected in each of the six (6) Weekly Prize Drawings, for a total of sixty (60) 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 on February 26, 2009.
Limit of one (1) entry per person/mobile phone or email address per Weekly Entry Period for a total number of entries not exceeding the number of Weekly Entry Periods during the Sweepstakes Period. For example, if there are six (6) Weekly Entry Periods, the total number of permitted Entries during the entire Sweepstakes Period per person/mobile phone or email address is six (6). 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.
How To Enter by Mobile Phone: To enter this Sweepstakes by mobile phone, you must have a text messaging capable mobile phone from a participating carrier. There are two (2) ways to enter by mobile phone.
- 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, a weekly text message ("Weekly Text Message") containing a weekly question ("Weekly Question") will be sent to your mobile phone. 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. You may unsubscribe from the Psych Fan Club at any time by texting “PSYEND” to USATXT (872898).
- Text Entry: To enter by mobile phone 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 phone. 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.
How to Enter For Free Online: To enter the Sweepstakes’ Weekly Prize Drawings without using a text messaging capable cell phone, visit the Website, click on the Sweepstakes banner or link, and complete the online registration form in its entirety, including the letter for your answer to the Weekly Question (which will also be posted on the Website), 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.
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Weekly Drawing
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Weekly Entry Period Start Date
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Weekly Entry Period End Date
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Weekly Drawing Date
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1
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10:00 pm Eastern on January 16, 2009
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11:59 pm Eastern on January 22, 2009
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On or about January 27, 2009
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2
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10:00 pm Eastern on January 23, 2009
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11:59 pm Eastern on January 29, 2009
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On or about February 3, 2009
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3
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10:00 pm Eastern on January 30, 2009
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11:59 pm Eastern on February 5, 2009
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On or about February 10, 2009
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4
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10:00 pm Eastern on February 6, 2009
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11:59 pm Eastern on February 12, 2009
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On or about February 17, 2009
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5
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10:00 pm Eastern on February 13, 2009
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11:59 pm Eastern on February 19, 2009
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On or about February 24, 2009
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6
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10:00 pm Eastern on February 20, 2009
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11:59 pm Eastern on February 26, 2009
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On or about March 3, 2009
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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 above. For your one (1) response to a Weekly Question submitted via text message/ or online, you will receive one (1) entry into the Weekly Drawing.
Your answer to the Weekly Question will not affect your chances of winning this Sweepstakes. Please use caution and do not drive while entering the Promotion.
STANDARD TEXT MESSAGE RATES APPLY TO EACH TEXT MESSAGE SENT AND RECEIVED.
3. RANDOM DRAWING/WINNER NOTIFICATION: Ten (10) potential 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. The grand prize drawing, in which three (3) potential grand prize winners ("Grand Prize Winners") will be selected, will be held on or about March 3, 2009 from among all eligible online entries received during the entire Sweepstakes Period, including entries that may have already been selected as a Weekly Winner. 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 phone number and/or email address submitted at the time of entry. Potential winner(s) 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 winner may be selected in a random drawing from among the remaining eligible entries. Limit one (1) Grand Prize/Prize Pack (both as defined below) per family or household.
4. GRAND PRIZE: There will be one (1) grand prize awarded to each Grand Prize Winner consisting of a four (4) day/three (3) night trip (the "Trip") to Hawaii for each Grand Prize Winner and one (1) guest ("Guest"). The Trip will consist of the following, each as determined by Sponsor in its sole discretion: Round-trip, commercial coach-class air transportation for Grand Prize Winner and his/her guest from an airport near the Grand Prize Winner's residence to an airport near or in Honolulu, Hawaii; three (3) nights hotel accommodations for Grand Prize Winner and Guest (one (1) standard room, double occupancy) near or in Oahu, Hawaii; four (4) day car rental in Hawaii; and activities for each Grand Prize Winner and, unless otherwise indicated, for his/her Guest consisting of the following:
- Daily continental breakfast for three (3) days at the hotel, as allocated by Sponsor in its sole discretion);
- Dinner for two (2) nights at an area restaurant (total cost of dinners not to exceed three hundred dollars ($300)) as allocated by Sponsor in its sole discretion);
- Paradise Cove Luau Deluxe dinner package including front row seating for two (2);
- Two (2) Tickets for a Tour of the Dole Pineapple Plantation; and
- Five hundred dollars ($500) spending cash for the Grand Prize Winner only (form of payment to be determined by Sponsor in its sole discretion).
All details of the above trip are subject to change and shall be determined by Sponsor in its sole discretion. The Approximate Retail Value ("ARV") of the Trip is five thousand five hundred twenty-five dollars ($5,525). Total ARV for all Grand Prizes is sixfteen thousand five hundred seventy five dollars ($16,575). Actual retail value of Grand Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip and fluctuations in cost for itinerary items. Any differences between stated ARV and actual ARV will not be awarded.
Grand Prize 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. Grand Prize cannot be transferred by Grand Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by Grand Prize Winner. If Grand Prize is unclaimed, it will be forfeited and an alternate Winner may be selected in a random drawing from among the remaining eligible entries at Sponsor's sole discretion. If a Grand 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 Grand Prize Winner and no additional compensation will be awarded. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsor in its sole discretion. Once determined, no change, extension or substitution of Trip dates is permitted, except by Sponsor in its sole discretion. Each Grand Prize Winner's Guest must be of the age of majority in his/her state of residency as of the first date of travel or Grand Prize Winner must be such Guest'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 tour of the Dole Pineapple Plantation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Grand 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 in its sole discretion to substitute ground transportation for air transportation depending on Grand Prize Winner's place of residence. Travel must be completed by September 23, 2009, or at another date specified by Sponsor or Grand Prize will be forfeited. Tickets will be issued only to Grand Prize Winner and Guest. Tickets are void if sold for cash or other consideration. Grand Prize 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. Grand Prize Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Grand 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 Grand Prize due to reasons beyond Sponsor's control, and is 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 Grand Prize must be redeemed at the same time. If Grand Prize Winner chooses to take the Trip with no Guest, the remaining elements of Grand Prize shall be awarded and shall constitute full satisfaction of Sponsor's prize obligation to Grand Prize 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 Grand Prize will be forfeited.
WEEKLY PRIZE: Each Weekly Winner (ten (10) Weekly Winners per Weekly Entry Period) will receive a Psych Pineapple 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 Psych Seasons 1 and 2 DVDs, Pineapple Stress Toy, Psych Pineapple Ringer T-shirt, Pineapple Pin, Psych Magnet, Psych Snowglobe, and Psych mystery novel. Approximate Retail Value (ARV) of each Prize Pack is eighty dollars ($80). Total ARV for all Prize Packs is four thousand eight hundred dollars ($4,800). 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. Items in Prize Packs will be awarded "as is" with no warranty or guarantee, either express or implied by Sponsor. If any prize is unclaimed within a reasonable time after notification from Sponsor, it will be forfeited and may be awarded to an alternative potential winner at Sponsor's sole discretion.
Total ARV for all prizes is twenty-one thousand three hundred seventy five dollars ($21,375).
5. 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 in the Sweepstakes, entrant agrees, for entrant and for entrant's heirs, executors, and administrators (i) 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, liability, illness, injury, death, loss, litigation, or damage 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) to the use by Released Parties of entrant's 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, permission, notification or approval, and, upon request, to the giving of consent, in writing, to such use; (iii) to waive all rights to claim punitive, incidental and consequential damages, attorney' fees or any damages; and (iii) 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. 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 or mobile phone used to enter, as applicable, will be deemed to be the entrant. "Authorized account holder" of a mobile phone is defined as the natural person in whose name the mobile phone has been issued and to whom its 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, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. 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 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 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, technical or other error 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 in its sole discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes or to disqualify any implicated entrant(s), (and their entries) and the prizes may not be awarded; except that Sponsor, in its sole discretion, reserves the right to award the prizes in a random drawing from among all eligible entries received by Sponsor up until the time of the event warranting such cancellation, termination, modification or suspension, as applicable. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted at the Website.
6. WINNERS' NAMES: For the names of the winners, available after April 1, 2009, please send a postage paid envelope to Psych Spot the Pineapple Sweepstakes, 30 Rockefeller Plaza, 21st Floor, New York, NY 10112 by June 1, 2009.
7. NO WARRANTIES: Sponsor makes no warranties covering any of the prizes furnished as part of this Sweepstakes.
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 entrants, 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. 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: Information supplied by entrants will be shared by Sponsor in accordance with its privacy policy, posted at
http://www.usanetwork.com/privacy/. Winners' names and contact information will also be shared by Sponsor in order to contact winner for the purpose of fulfillment of prizes.
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.