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KNTV “Peak Travel Win a Trip to Hawaii” SWEEPSTAKES
Official Rules
[February 23, 2010]— [March 6, 2010]
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. Void outside the KNTV terrestrial geographic viewing area and where prohibited. The Peak Travel Win a Trip to Hawaii Sweepstakes (“Sweepstakes”) will be run in conjunction with the Peak Travel Show (“Show”) and will begin on February 23, 2010 at 6:00 A.M. PT and end on March 6, 2010, at 5:00 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes rules refer to Pacific Time. This Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are eighteen (18) years of age or older as of February 23, 2010 and who are physically located and residing 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 (collectively, “Geographic Area”).. Entrants must have a valid Social Security Number or a valid U.S. personal tax identification number. 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 such persons (whether or not related thereto) are ineligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors (as defined below) 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..
TO ENTER: To enter, access the Sweepstakes web site at NBCBAYAREA.COM (“Web Site”) and search “Peak Travel”. Follow the onscreen instructions to complete and thereafter transmit the Sweepstakes entry form (“Entry”). Information required on the entry form consists of your first and last name, complete street address (including Zip Code), telephone number (including area code), date of birth, email address (collectively, “Entry Information”). Entries must be received by 5:00 pm PT on March 6, 2010 to be eligible for the Sweepstakes. Limit one (1) Entry per person/email address per day. Multiple Entries received from any person or unique email address beyond the above limits will void all such additional Entries. All required Entry Information must be completed in full. Any attempted form of entry other than as described herein is void. All entries become the property of KNTV 2450 N. 1st St, San Jose, CA 95131, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and Peak, Travel, 1221 Lincoln Ave, San Jose, Ca 95121 (collectively, “Sponsors”). 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. If there is a dispute as to the identity of an entrant who made a potentially winning Entry, Sponsors will deem that the Entry was made by the authorized account holder of the email address indicated in such Entry. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. Except where prohibited by law or Sponsors’ Privacy Policies, Entry constitutes permission 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: Any personal information supplied by entrants to Sponsors will be subject to Sponsors’ respective Privacy Policies posted at: nbcbayarea.com: http://www.nbcbayarea.com/privacy/ have the opportunity to receive information from Sponsors and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from Sponsors and selected partners, please go to their respective Privacy Policies and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about March 12, 2010, one (1) potential winner will be selected in a random drawing by employees or representatives of Sponsors from among all eligible Entries received during the entire Sweepstakes Period. Sponsors will make two (2) attempts within a twenty-four (24) hour period to notify the potential winner at the phone number and/or email address submitted at the time of entry. Potential winner will be required to execute and return (via shipping service pre-paid by Sponsors) an Affidavit of Eligibility, Liability Release, Publicity Release (where legal) and any other documentation that Sponsors may require (collectively, “Sweepstakes Documents”) within five (5) days after receipt of those documents by potential winner or potential winner may be disqualified and an alternate potential winner may be selected in a random drawing from among the remaining eligible Entries at Sponsors’ sole discretion. By returning the completed Sweepstakes Documents, potential winner attests to the authenticity of his/her Entry. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, and/or if his/her prize or prize notification or prize correspondence is returned as undeliverable, potential winner will be disqualified and, time permitting, an alternate potential winner may be selected in a random drawing from among the remaining eligible Entries, at Sponsors’ sole discretion. Prize notification and Sweepstakes Documents will be shipped to an address in the Geographic Area only, or will be sent electronically, in the Sponsors’ sole discretion.
PRIZE: There will be one (1) prize (Prize”) awarded, consisting of a vacation package (“Trip”) to Oahu, HI, for Winner and one (1) guest (“Guest”). Trip includes the following: round-trip, coach-class air transportation for Winner and Guest from a major commercial airport near Winner’s residence in the Geographic Area, as determined by Peak Travel, LLC in their sole discretion to an airport near Oahu, HI; standard accommodations (single room/double occupancy) for five (5) nights at a Oahu, HI area hotel to be determined by Peak Travel, LLC in its sole discretion (“Hotel”).
Estimated Retail Value (“ERV”) of Prize is one thousand eight hundred dollars ($1,800). ERV of Prize will vary depending on fare fluctuation for the Trip and location of Winner’s residence. Any differences between stated ERV and actual RV will not be awarded. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value at their sole discretion. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to each Winner and no additional compensation will be awarded. 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 a Winner elects to partake in any or all portions of his/her Prize with no Guest, Prize will be awarded to Winner, the remainder of the Prize will be forfeited and Winner shall not be subject to further or alternative compensation. All elements of each Prize must be redeemed at the same time, and no changes will be permitted after confirmation of any redemption. Specific travel dates and arrangements are subject to availability. Trip must be completed by September 12, 2010 of Prize notification, or by such other date as determined by Peak Travel, LLC, or Prize will be forfeited. All federal, state, or other expenses, costs or fees associated with the acceptance of Prize (including, without limitation, income taxes) are the sole responsibility of Winner. Each Winner will receive an IRS Form 1099 from Sponsors for the total ARV of his/her Prize (stated above) for the calendar year in which his/her Prize was won. Airline and hotel reservations are subject to availability. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion.. Sponsors reserve the right to provide ground transportation in lieu of air transportation at Sponsors’ sole discretion. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, travel to and from the airport near Winner’s residence, travel to and from the airport to the Hotel, additional ground transportation, luggage fees, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize and all such expenses are the sole responsibility of each Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on the airline(s) chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner and Guest. Winner is responsible for any travel related tax liability, including applicable departure taxes or fees, inspection charges, security charges and baggage changes. 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. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and passport) prior to departure. Sponsors are not responsible for airline seat assignments, special meals, check-in procedures, and baggage limitations. Sponsors have no responsibility for alterations to any travel plans caused by airline delays or for any act, omission or event related thereto. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of a Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Winner and Guest specifically release Sponsors from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. Once determined, no change, extension, or substitution of travel dates is permitted, except by Sponsors in their sole discretion. . All travel will be at the risk of Winners and Guests. Guest, if any (or, if a Guest is a minor, his/her parent/legal guardian), will be required to return completed, signed, and notarized releases of liability and, except where prohibited, publicity releases, which must be returned with each Winner’s Sweepstakes Documents, or Guest portion of such Winner’s Prize will be forfeited. If Guest is a resident of a jurisdiction that deems him/her to be a minor, Winner must be such minor’s parent or legal guardian.
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); (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 the Winner, to the posting of such entrant’s name on Websites and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known throughout the world in perpetuity for publicity, promotional, and advertising purposes without additional compensation, notification, or permission, 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 and judges, whose decisions 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 terminate the Sweepstakes or 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. Sponsors reserve the right in their sole discretion to cancel or modify the Sweepstakes should any computer virus, malfunction, or other cause beyond their control corrupt the administration, security, or proper operation thereof. In the event of cancellation, Prize will be awarded from among all eligible, non-suspect entries received prior to the event requiring cancellation based on the judging criteria listed above. Notice of cancellation will be posted on Websites.
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.
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 JAMS 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 name of the Winner, available after March 12, 2010, visit www.nbcbayarea.com, or send a self-addressed, stamped envelope to be received by May 1, 2010, to: NBC 11, c/o NBC11, 2450 North First Street, San Jose, CA 95131.
