|
The Royal Pains “Hamptons Getaway” Sweepstakes
Official Rules
5/21/09 – 9/2/09
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED OR RESTRICTED.
SPONSOR: The Royal Pains “Hamptons Getaway” 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 May 21, 2009 and ends at 11:59 pm (ET) on September 2, 2009 (the “Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”).
1. ELIGIBILITY: Open only to permanent, legal U.S. 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 eighteen (18) years of age or older and have reached the age of majority in their state of residence at 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.
2. HOW TO ENTER: To enter, log on to http://royalpains.usanetwork.com (the “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. Entries must be received by September 2, 2009 at 11:59 pm ET to be eligible for the Sweepstakes. LIMIT ONE (1) ENTRY PER PERSON PER DAY DURING THE SWEEPSTAKES PERIOD. Entries from the same person or email address in excess of one (1) per day will be disqualified. Entries generated by a script, macro, or other automated means are void. 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. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. Entry constitutes permission (except where prohibited by law) to use entrant's name, city, state, likeness, image, and/or voice in any and all media now or hereafter known throughout the world in perpetuity for purposes of advertising, promotion, and publicity without additional notification, permission, approval or compensation.
3. RANDOM DRAWING/WINNER NOTIFICATION: A random drawing will be conducted on or about September 15, 2009 by employees or representatives of Sponsor who will randomly select: four (4) potential grand prize winners (the “Grand Prize Winners”), twenty-five (25) potential First Prize Winners (the “First Prize Winners”), and fifty (50) 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 potential winner may be selected in a random drawing from among the remaining eligible entries at Sponsor’s sole discretion. Each 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 in a random drawing from among the remaining eligible entries at Sponsor’s sole discretion. Limit one (1) prize per family or household.
GRAND PRIZE: There will be four (4) grand prizes (each a “Grand Prize”) awarded. Each Grand Prize will consist of a three (3) night/ four (4) day trip for Grand Prize Winner and one (1) guest (“Guest”) to a location the Hamptons as determined by Sponsor in its sole discretion (the “Trip”). The Trip will consist of the following, each awarded as determined by Sponsor in its sole discretion: hotel accommodations at a luxurious beachfront resort (single room/double occupancy); Round-trip, commercial coach-class air transportation for two (2) and a luxury car rental; meals and drinks at the hottest local spots (total cost not to exceed $960 as allocated by Sponsor in its sole discretion) rejuvenating spa treatments at Bridgehampton’s top wellness spa, Exhale; tour of the most exclusive high-end boutiques like Blue and Cream, Scoop Beach and Calypso; private surf and tennis lessons; and a guided tour of Royal Pains hotspots, including the Oheka Castle Hotel and Estate.
All details of the Trip shall be determined by Sponsor in its sole discretion. The Approximate Retail Value (“ARV”) of the Trip is ten thousand three hundred five dollars ($10,305). Each Grand Prize Winner is responsible for all federal, state and local taxes. Actual retail value of Grand Prize varies depending on the point of departure, point of arrival, fare fluctuation for the Trip and fluctuations in cost for itinerary items. Any difference between stated ARV and actual ARV will not be awarded. Total ARV of the four (4) Trips is forty one thousand two hundred and twenty dollars ($41,220). Purchases made during the Trip, if any, including but not limited to during the tour of high-end boutiques, will be at the expense of Winner and Guest. Sponsor will not provide a stipend to Winner and Guest for any such purchases.
Grand Prize Winners will receive an IRS Form 1099 from Sponsor for the total ARV of Grand Prize for the calendar year in which Grand Prize was won. Sponsor reserves the right to substitute a Grand Prize (or Grand 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 Grand 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 Grand Prize 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 be awarded and 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. 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 Guest’s parent or legal guardian and must complete and return all Guest Documents (as defined below) on behalf of minor. Grand Prize Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, 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 December 1, 2010, or by such other 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 travel 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 Grand Prize 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 (“Guest Documents”), which must be returned to Sponsor by a date specified, or Guest portion of Grand Prize will be forfeited.
First Prizes:
Twenty-five (25) first prizes (each a “First Prize”) will be awarded, each consisting of a branded Urban Lady beach cruiser bike. The ARV of each First Prize is one hundred eighty-five dollars ($185). Total ARV of the twenty-five (25) First Prizes is four thousand six hundred and twenty five ($4,625). Each First Prize Winner is responsible for all federal, state and local taxes.
Second Prizes:
Fifty (50) Second Prizes will be awarded, each consisting of a Royal Pains Tote (including items such as a customized “Cure Your Royal Pains” t-shirt, branded first aid kit, and custom bandaids). Sponsor will determine actual prize items in Royal Pains Tote in its sole discretion. The ARV of each Second Prize is two hundred twenty-seven dollars ($227.00). Total ARV of the fifty (50) Second Prizes is eleven thousand three hundred and fifty dollars ($11,350). Each Second Prize Winner is responsible for all federal, state and local taxes.
No transfer, substitution or cash redemption will be awarded in lieu of stated First Prizes or Second Prizes except by Sponsor who reserves the right to substitute a prize (or portion thereof) of comparable or greater value, in its sole discretion. All prize details are at the sole discretion of the Sponsor. All First Prizes and Second Prizes are awarded “as is” with no warranty or guarantee, either express or implied by Sponsor.
Total ARV of all Prizes is fifty seven thousand one hundred and ninety five dollars ($57,195).
4. GENERAL RULES: Acceptance of Grand 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 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, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. 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 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 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 any prize may not be awarded; except that Sponsor, in its sole discretion, reserves the right to award the prize 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. Any changes will be posted at 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).
5. WINNERS NAMES: For the names of the winners, available after October 1, 2009, please send a postage paid envelope to USA Network, Attn: The Royal Pains “Hamptons Getaway” Sweepstakes, 30 Rockefeller Plaza, 21st Floor, New York, NY 10112 by September 15, 2009.
6. NO WARRANTIES: Sponsor makes no warranties covering any of the prize(s) furnished as part of this Sweepstakes.
7. 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. 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.
8. PRIVACY: Information supplied by entrants will be shared by Sponsor in accordance with its privacy policy, posted at http://www.usanetwork.com/privacy/. Winner’s name and contact information will also be shared by Sponsor in order to contact winner for the purpose of fulfillment of prize(s).
Entrants will have the opportunity to receive information from Sponsor and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsor 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.
9. PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES ONLINE OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSOR/SPONSOR’S REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
|
BACK TO ENTRY FORM
