Follow Her Magic Sweepstakes Official Rules

Transcription

1 Follow Her Magic Sweepstakes Official Rules To enter this Sweepstakes, you must agree to and abide by these Official Rules. NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not improve one s chances of winning. Void where prohibited. All federal, state and local laws and regulations apply. ONE (1) GRAND PRIZE WINNER WILL BE RANDOMLY SELECTED FROM AMONG ALL ELIGIBLE ENTRIES RECEIVED. TWENTY- FIVE (25) FIRST PRIZE WINNERS WILL BE ALSO BE RANDOMLY SELECTED FROM ALL ELIGIBLE ENTRIES RECEIVED. 1. PRELIMINARY INFORMATION: The Follow Her Magic Sweepstakes (the Sweepstakes ) begins on or about 6/1/2015 at 12:00:01 A.M. Pacific Time ( PT ) and ends on 8/23/15 at 11:59:59 P.M. PT ( Sweepstakes Period ). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of the Administrator, as defined below in section 10, which shall be final and binding in all respects. For purposes of these Official Rules, all times and days in this Sweepstakes refer to Pacific Time. For the twenty- five (25) First Prizes, there will be separate, consecutive First Prize drawings (each, a First Prize Drawing ) conducted with winners being randomly selected from all eligible entries received. See the Eligibility section below for details. For the Grand Prize, one (1) Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period ( Grand Prize Drawing ). All prizes will be fulfilled by Administrator. 2. ELIGIBILITY: Only legal U.S. residents who are eighteen (18) years of age or older as of the time of entry are eligible to enter. Officers, directors, and employees of the New Orleans Tourism Marketing Corporation, American Broadcasting Companies, Inc., and any organizations responsible for sponsoring, fulfilling or administering the Sweepstakes or supplying the prizes, and any of their respective parent, subsidiary and affiliated companies, as well as the immediate family and household members of each such individual, are not eligible to participate or win. "Immediate family members" shall mean parents, step- parents, children, step- children, siblings, step- siblings, or spouses, regardless of where they live. "Household members" shall mean people who share the same residence at least three (3) months a year, whether related or not. Potential winners may be required to provide proof of eligibility upon request prior to prize award. Sweepstakes is void outside of the United States as well as where prohibited or restricted by law. 1

2 3. TO ENTER: Visit the dedicated Sweepstakes Registration website at ( Sweepstakes Page ). You will be asked to provide your first and last name, complete address (including zip code), daytime telephone number (including area code), date of birth, and e- mail address (collectively Entry Information ). You may be asked to consent to receive promotional e- mails and reminder e- mails from Sponsor/Administrator and/or third parties. Consenting to receive promotional or reminder e- mails is optional and does not have to be agreed upon in order to be eligible to participate in the Sweepstakes and does not improve your chances of winning. Click the check box signifying that you have read and agree to Administrator s Terms of Use and these Official Rules. IF YOU DO NOT CHECK THE BOX INDICATING YOUR AGREEMENT TO THE TERMS OF USE AND THESE OFFICIAL RULES, YOU WILL NOT BE ENTERED IN THE SWEEPSTAKES AND CANNOT WIN A PRIZE. Your Entry Information will constitute your entry into this Sweepstakes ( Entry ). To submit your Entry, click the "Enter" button on the Sweepstakes Page. Limit one (1) Entry per person per day (regardless of whether one person has more than one e- mail address or more than one person use the same e- mail address). For the purposes of this Sweepstakes, a day is defined as beginning at 12:00:00 a.m. (midnight) PT and ending at the following 11:59:59 p.m. PT. Multiple Entries in excess of this limitation or mass entry attempts will result in disqualification of all entries in this Sweepstakes by such person. Entries must be manually key- stroked; use of automated entry devices or programs is prohibited. All entries must be received by 11:59:59 P.M. PT on 8/23/15 ( Entry Deadline ). It is the sole responsibility of the entrant to notify Administrator prior to Entry Deadline if entrant changes his/her e- mail address by sending an to ntvspromotions@gmail.com. Personal information collected in this Sweepstakes will be treated pursuant to Administrator s Privacy Policy, available at 4. RANDOM DRAWINGS/SELECTION OF WINNERS: One (1) potential Grand Prize winner will be selected in a random drawing from among all eligible entries received during the Sweepstakes Period. A total of twenty- five (25) potential First Prize winners will also be randomly selected from all eligible entries received during the Sweepstakes Period. On or about 9/2/15, all prize drawings will be conducted by ABC National TV Sales, whose decisions are final and binding on all matters related to Sweepstakes. Potential prize winners will be notified by e- mail, mail and/or telephone by Administrator. Failure to respond to the initial verification notice within three (3) business days after notification or return of e- mail notification as undeliverable after three (3) attempts will result in disqualification. Potential Grand Prize winner will then be required to sign and return to Administrator, within five (5) business days, an Affidavit of Eligibility, Release and Indemnification, and a Publicity Release where allowed by law. If the Affidavit of Eligibility, Release and Indemnification and Publicity Release are not returned to Administrator within specified time period, potential winner will be disqualified. If any winner is disqualified, prize 2

3 will be awarded to an alternate winner selected from all remaining non- winning eligible entries received for the Sweepstakes (as applicable). In the event of any dispute concerning the identity of an entrant, the entry will be deemed submitted by the natural person who is the authorized holder of the transmitting e- mail account, who must comply with these Official Rules. "Authorized account holder" is defined as the natural person who is assigned to an e- mail address by an Internet access provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning e- mail addresses for the domain associated with the submitted e- mail address. Sponsor, administrator and its agencies are not responsible for failed, partial or garbled computer transmissions, or for technical failures of any kind, including but not limited to electronic malfunction or damage of any network, hardware or software. If for any reason the Sweepstakes is not capable of running as planned, including without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud or technical failures beyond Sponsor s/administrator s control that corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, Sponsor/Administrator reserves the right, in its sole discretion, to disqualify any individual who tampers with the entry process, and to terminate, modify or suspend the Sweepstakes. In such event, Sponsor/Administrator reserves the right to conduct the Sweepstakes and award the prize(s) for any affected drawing by means of a random drawing comprised of all eligible entries received for the affected drawing(s) prior to and/or after (as appropriate) the action taken by Sponsor/Administrator or otherwise award the prize(s) for such affected drawing(s) in a manner which is fair, appropriate and consistent with these Official Rules, as determined by Sponsor/Administrator in its sole discretion. Notice of such action by Sponsor/Administrator will be posted on the Sweepstakes Page. No responsibility is assumed for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or loss, destruction or unauthorized access to, or alteration of, entries; or any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e- mail or electronic entry to be received on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to entrant's or any other person's computer related to or resulting from participation in or downloading any materials from the Sweepstakes Page. Entrants further agree not to knowingly damage or cause interruption of Sweepstakes and/or prevent others from participating in Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF SWEEPSTAKES MAY VIOLATE CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR/ADMINISTRATOR MAY DISQUALIFY ANY ENTRANT MAKING SUCH ATTEMPT AND SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW. 5. PRIZES, APPROXIMATE RETAIL VALUE ("ARV") AND ODDS: Grand Prize (1 winner total): The Grand Prize consists of one (1) trip for four people which includes the following: [1] roundtrip coach class airfare for four (4) people from an airport near the winner s residence to a New Orleans area airport; [2] five (5) days /four (4) nights hotel accommodations (standard 3

4 quad- occupancy room) in a New Orleans area hotel which will include room, applicable taxes, and hotel parking, if necessary, only; [3] one (1) rental car for five (5) days or ground transportation between hotel and attractions in New Orleans; [4] tickets to a New Orleans area attraction/tour (all together referred to as the Trip ). All details of the Trip, including but not limited to choice of airline(s), airports, hotel, parking, ground transportation at destination and New Orleans area attraction/tour will be at the complete and sole discretion of the Administrator. Travel is subject to availability, blackout dates, advanced notice requirements and must be completed by 9/15/16. Grand Prize Winner is solely responsible for all other expenses related to the trips not specified herein, including but not limited to baggage fees, meals, beverages, tips, taxes and hotel incidentals. Grand Prize winner and their guests must travel together on specified itinerary, including same departure date, destination and return date or applicable trip may be forfeited in its entirety. Accommodation restrictions and blackout dates may apply. All travel dates and arrangements are subject to change, availability and Administrator s approval. Sponsor/Administrator is not liable for any expenses incurred as a consequence of flight cancellation/delay. Certain documentation and requirements may be necessary for travel, such as photo identification. Grand Prize winner and his/her guest are solely responsible for any documentation and requirements and determining applicable procedures and restrictions. In addition, the Grand Prize winner may be required to present a valid credit card at the hotel at the time of check- in. Winner and guest must provide own transportation to and from departure airport. Grand Prize winner s guests must execute a Release of Liability/Release of Publicity (where lawful) prior to travel. ARV of Grand Prize: $4, Actual value may be higher or lower based on point of departure and hotel availability and cost as determined by time of purchase and travel. First Prize (25 Winners total): Each First Prize consists of one (1) 3- Disc Blu Ray DVD set of Disney s Princess and the Frog. ARV of each First Prize: $ ARV of all Prizes: $4, For all Prizes: No substitution or transfer of prize (or portion thereof) except with Sponsor's/Administrator s permission or where required by law. If for any reason any announced prize (or portion thereof) becomes unavailable, Sponsor/Administrator in its sole discretion may award a substitute prize/prize component of equal or greater value (except as otherwise indicated herein). Prizes are not redeemable for cash. Grand Prize winner will receive a 1099 tax form reflecting the actual retail value of the Grand Prize. Limit one (1) prize per family/address/household. All potential winners are subject to verification of eligibility. 4

5 Federal, state and local taxes, if any, are the sole responsibility of the winner, who will receive an IRS Form 1099 reflecting the final actual value of any prize valued at $600 or more. Winner must provide his or her social security number on an IRS Form W- 9. Odds of winning Grand Prize or the First Prize depend on total number of eligible entries received during the Sweepstakes Period. 6. CONDITIONS AND LIMITATIONS OF LIABILITY: By participating, each entrant agrees: (a) to be bound by these Official Rules and the decisions of Sponsor/Administrator, which shall be final and binding in all respects; (b) to release, discharge and hold harmless the New Orleans Tourism Marketing Corporation, American Broadcasting Companies, Inc., and each of their respective parent, subsidiary, related, affiliated and successor companies, advertising and promotion agencies and prize suppliers, and each of their respective officers, directors, agents, representatives and employees, as well as each of their respective successors, representatives and assigns (collectively, the "Released Parties") from and against any and all claims or actions of any kind, including but not limited to, wrongful death or personal injury, arising out or related to, in whole or in part, to participation in the Sweepstakes or any Sweepstakes- related activity, or from entrant s possession, acceptance, receipt or use/misuse of any prize, including any travel related thereto, whether under contract, tort or any other legal theory; and (c) to indemnify the Released Parties from and against any liability or expense (including reasonable attorneys fees) arising in connection with the foregoing. By accepting a prize, each prize winner authorizes Sponsor/Administrator and its designees to use his/her name, voice, likeness, photograph, prize information, biographical data and city and state of residence for programming, publicity or promotional purposes (including without limitation, on a winner's list, if applicable) worldwide and in all forms of media now known or hereafter devised, in perpetuity, without compensation unless prohibited by law. Sponsor/ Administrator and its designees are not obligated to use any of the above mentioned information or materials, but may do so and may edit such information or materials, at their sole discretion, without further obligation or any compensation. Sweepstakes subject to the laws of the United States only. All federal, state and local laws and regulations apply. All Entries become the property of Administrator and will not be returned. THE RELEASED PARTIES MAKE NO WARRANTY, REPRESENTATION, OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE/MISUSE OF ANY PRIZE/PRIZE COMPONENT, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 7. DISPUTES: Arbitration/Choice Of Law: Except where prohibited, and subject to the release and waiver of claims provisions herein, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with Sweepstakes, or any prize awarded, or the determination of the winners, shall be resolved individually, without resort to any form of class action, and exclusively by arbitration pursuant to the Rules of the American Arbitration Association, then effective; (2) waive any right to seek or obtain injunctive or other equitable 5

6 relief; (3) any and all claims, judgments and awards shall be limited to actual out- of- pocket costs incurred, including costs associated with entering Sweepstakes, but in no event attorneys fees; and (4) under no circumstances will entrant be permitted to obtain awards for and entrant hereby waives all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out- of- pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrant and/or Released Parties in connection with Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Louisiana, without regard for conflicts of law doctrine of Louisiana or any other jurisdiction, and all proceedings shall take place in the City of New Orleans, Parish of Orleans. 8. WINNERS LIST: For the names of the Winners, send an e- mail with the subject line Follow Her Magic Sweepstakes to by 10/2/ SPONSOR: New Orleans Tourism Marketing Corporation, 2020 Saint Charles Ave., New Orleans, LA ADMINISTRATOR: ABC National Television Sales, Inc., 77 West 66th Street, New York, NY