Kalia Dermatology Sweepstakes
Official Rules
March 2, 2009 – August 31, 2009
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve chances of winning. Void outside the KNTV terrestrial geographic viewing area and where prohibited. The Kalia Dermatology Sweepstakes (“Sweepstakes”) will begin on March 2, 2009 at 6:00 A.M. Pacific Time (“PT”) and end on August 31, 2009 at 11:59 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time. Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
TO ENTER: To enter, access the KNTV website at www.nbcbayarea.com during the Sweepstakes Period and search for the keyword “Kalia.” Then click on the Sweepstakes icon and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth. All entries become the property of KNTV, 2450 N. First Street, San Jose, CA 95131, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and will not be acknowledged. Sweepstakes will consist of six (6) monthly drawings (each a “Monthly Drawing”), which will each begin on the first day of the calendar month and end on the last day of the calendar month (“Monthly Drawing Period”) during the Sweepstakes Period. Entries must be received before the last day of each Monthly Drawing Period at 11:59 P.M. PT to be eligible for the Sweepstakes. Entries for the last Monthly Drawing must be received by 11:59 P.M. PT on August 31, 2009. You may enter only once during each Monthly Drawing Period. You may enter only six (6) times during the entire Sweepstakes Period. Multiple entries received in a particular Monthly Drawing Period from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. 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 who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. 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.
PRIVACY: Entrants will have the opportunity to receive information from KNTV and selected partners by checking the appropriate box. If, at any time, you no longer wish to receive materials from KNTV or our partners, please go to our privacy policy, located at www.nbcbayarea.com/privacy, or the applicable partner’s privacy policy, and follow the procedures indicated.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the KNTV terrestrial geographic viewing area in the counties of Santa Clara, Alameda, Contra Costa, San Francisco, San Mateo, Sonoma, Marin, Solano, Napa, Mendocino, and Lake in the state of California, and who are eighteen (18) years of age or older and 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, and 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 include Sponsors, Kalia Dermatology, Inc., and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: On or about the first day of each calendar month following a Monthly Drawing Period, one (1) potential winner will be selected in a random drawing by employees of Sponsors from all eligible entries received during the preceding Monthly Drawing Period. A total of six (6) potential winners will be selected during the entire Sweepstakes Period. Sponsors will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of entry. Potential winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within three (3) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate potential winner may be selected in a random drawing from among the remaining eligible entries at Sponsors’ sole discretion. If potential winner cannot be reached, if he/she is found to ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and an alternate potential winner may be selected in a random drawing from among the remaining eligible entries at Sponsors’ sole discretion. Limit one (1) prize per family or household.
PRIZE: There will be six (6) prizes awarded (each a “Prize”), each consisting of the following: one (1) gift certificate redeemable for skin care services to be determined by Sponsors in their sole discretion, including SilkPeel Microdermabrasion treatment, at the Kalia Dermatology & Laser Center, 15055 Los Gatos Blvd., Suite 100, Los Gatos, CA 95032. Estimated Retail Value (“ERV”) of each Prize is two hundred dollars ($200). ERV of all Prizes is one thousand two hundred dollars ($1200).
Prize is subject to certain terms and conditions as specified by issuer. All Prize details will be determined by the Sponsors in their sole discretion. Winner must agree to comply with all applicable regulations.
Sponsors reserve the right to substitute a similar Prize of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by winner. If Prize is unclaimed within sixty (60) days after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof.
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, 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 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 Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a winner, to the posting of such entrant’s name on www.nbcbayarea.com and the use by Released Parties of winner’s name, voice, image, and/or likeness 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 herein 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 any promotion 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, 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 assume no responsibility for any injury or damage to entrants’ 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 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 at www.nbcbayarea.com. 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).
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 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.
WINNER ANNOUNCEMENT: For the names of the winners, available after April 1, 2009, visit www.nbcbayarea.com, or send a self-addressed, stamped envelope to be received by September 20, 2009 to: Kalia Dermatology Sweepstakes, KNTV, 2450 North First Street, San Jose, CA 95131.