Extra Mile Promise Sweepstakes
Official LONG-FORM Rules
April 27, 2018-May 25, 2018
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. Extra Mile Promise Sweepstakes ("Sweepstakes") will begin on April 27, 2018, at 12:00:01 a.m. ET and end on May 25, 2018, at 11:59:59 p.m. ET ("Sweepstakes Period"). All times in the Sweepstakes refer to eastern time ("ET"). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state, and local laws.
ELIGIBILITY: Open only to permanent, legal United States ("U.S.") residents who are physically residing in one (1) of the fifty (50) United States or the District of Columbia (excluding Puerto Rico, Guam, the U.S. Virgin Islands, and other U.S. territories) and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons' immediate families (spouses and/or parents, children, siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Sweepstakes. "Sweepstakes Entities," as referenced herein, shall collectively include USA Network, NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, "Sponsors"), Ace Hardware Corporation ("Prize Provider"), Entergrate, Inc. ("Administering Agency"), and their respective parent, subsidiary, and affiliate companies, their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period visit http://www.usanetwork.com/talkstoop/extra-mile-promise-sweepstakes (the "Website"), click on the Sweepstakes icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, city, state, ZIP code, telephone number, and email address ("Entry"). All Entries become the property of the Sponsors and will not be acknowledged.
You may enter once per day for a total of twenty-nine (29) entries during the Sweepstakes Period. A day, for the purpose of this Sweepstakes, begins at 12:00:01 a.m. and ends at 11:59:59 p.m. the same day. Multiple Entries received from any person beyond this limit will void all such additional Entries. Entries generated by a script, macro, or other automated means that subverts the entry process will be disqualified. Entries must be received before May 25, 2018, at 11:59:59 p.m. ET to be eligible for the Sweepstakes. Sponsors' computer shall be the official timekeeper for all matters related to this Sweepstakes. 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, the authorized account holder of the email address used to enter will be deemed to be the entrant. "Authorized account holder" is defined as the 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. 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 in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: On or about May 30, 2018, one (1) potential grand-prize winner ("Grand Prize Winner") will be selected in a random drawing by Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors' representative will make two (2) attempts to notify the potential Grand Prize Winner at the email address and/or telephone number submitted at the time of Entry. The potential Grand Prize Winner will be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, "Sweepstakes Documents") within forty-eight (48) hours of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors' sole discretion, an alternate potential Grand Prize Winner may be selected from the remaining eligible Entries. If the potential Grand Prize Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Grand Prize (as defined below) or Grand Prize notification is returned as undeliverable, such potential Grand Prize Winner will be disqualified, and time permitting, at Sponsors' sole discretion, an alternate potential Grand Prize Winner may be selected from the remaining eligible Entries.
PRIZE: There will be one (1) grand prize ("Grand Prize") awarded to the Grand Prize Winner. Grand Prize consists of five thousand dollars ($5,000) in Ace Hardware gift cards, which will be awarded in the form of twenty (20) two-hundred-and-fifty-dollar ($250) Ace Hardware gift cards. Estimated Retail Value ("ERV") of Grand Prize is five thousand dollars ($5,000).
Grand Prize will be awarded "as is" with no warranty or guarantee, either express or implied, by Sponsors. Grand Prize is subject to certain terms and conditions as specified by issuer.
Actual Retail Value ("ARV") of Grand Prize may vary. Any difference between ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV of Grand Prize for the year in which Grand Prize was won.
All details of the Grand Prize will be determined by Sponsors at their sole discretion. Sponsors reserve the right to substitute a similar prize (or prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Grand Prize are the sole responsibility of the Grand Prize Winner. Grand Prize cannot be transferred by the Grand Prize Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Grand Prize by the Grand Prize Winner. If Grand Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors at their sole discretion, it will be forfeited, and time permitting, an alternate Grand Prize Winner may be selected from the remaining eligible Entries at Sponsors' sole discretion.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant's heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, retailers, and employees (collectively, "Released Parties") from any 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 and/or his/her acceptance, possession, use, or misuse of Grand Prize or any portion thereof (including any travel related thereto); (b) 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 the Grand Prize, including express warranties provided exclusively by the Prize Provider that are sent along with the Grand Prize; (c) if selected as the Grand Prize Winner, to the posting of such entrant's name on the Website and the use by Released Parties of such 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, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors' sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from this Sweepstakes any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, earthquake, flood, war, fire, riot, 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 assume no responsibility for any injury or damage to entrant's computer or to any other person's computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for Entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select the Grand Prize Winner in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted on 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 at their sole discretion). Sponsors reserve the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. 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 ATTORNEYS' FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the Grand Prize Winner, available after June 22, 2018, send a self-addressed, stamped envelope to be received by September 14, 2018, to ACE EXTRA MILE PROMISE SWEEPSTAKES 2018, c/o Entergrate, 8545 W. Warm Springs Road, Suite A4-321, Las Vegas, NV 89113.