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The Cinequest Experience Sweepstakes
February 21, 2011 – February 25, 2011
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the KNTV terrestrial geographic viewing area and where prohibited. The Cinequest Experience Sweepstakes (“Sweepstakes”) will begin on February 21, 2011 at 12:01 A.M. PT and end on February 25, 2011 at 11:59 P.M. PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time (“PT”). Odds of winning depend upon the number of eligible Entries received. Sweepstakes is subject to all applicable federal, state and local laws.
Open only to permanent, legal United States (“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 twenty-one (21) years of age or older 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 KNTV, 2450 North First Street, San Jose, CA 95131 and NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY
10112 (collectively, “Sponsors”), 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, watch “Today in the Bay” on KNTV (the “Show”) on February 21, 2011 through February 25, 2011 at 6:00 A.M. PT to get the code word (the “Code Word”). Then, access the KNTV website at www.nbcbayarea.com
(the “Website”) and 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, date of birth, and Code Word (“Entry”). The Code Word will be provided during the first ten (10) minutes of the Show. Code word entry will not be void if innacurate
Code words listed below:
All Entries become the property of Sponsors and will not be acknowledged. Entries must be received before February 25, 2011 at 11:59 P.M. PT to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter ten (10) times per day during the Sweepstakes Period. Multiple Entries received 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.
WINNER SELECTION AND NOTIFICATION: On or about February 27, 2011, three (3) potential festival winners (“Festival Winners”) and two (2) potential grand prize winners (“Grand Prize Winners”) (collectively “Winners”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winners at the phone number and/or email address submitted at the time of entry. PotentialWinners 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 may result in disqualification, and, at Sponsor’s sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a 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, or if his/her prize or prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible entries. Limit one (1) prize per family or household.
PRIZES: There will be three (3) festival prizes awarded (“Festival Prizes”), one (1) Festival Prize to each Festival Winner. The first eligible entrant whose Entry is selected at random from all eligible Entries will receive the first place Festival Prize (“First Place Festival Prize”), the second eligible entrant whose Entry is selected at random from all remaining eligible Entries will receive the second place Festival Prize (“Second Place Festival Prize”), and the third eligible entrant whose Entry is selected at random from all eligible remaining Entries will receive the third place Festival Prize (“Third Place Festival Prize”). The fourth and fifth eligible entrants whose Entries are selected at random from all remaining eligible Entries will each receive a grand prize (“Grand Prize”).
(1) The First Place Festival Prize will consist of: round-trip, coach-class airfare for First Place Festival Winner and one (1) guest (“Guest”) (Guest, if any, must be twenty-one (21) years of age) from an airport near the First Place Festival Winner’s residence (as determined by Sponsors in their sole discretion) to a major airport in or near New York, NY (as determined by Sponsors in their sole discretion); two (2) Programmers’ Picks ticket packages to the Tribeca Film Festival on April 22, 2011 through April 24, 2011 in New York, NY; accommodations for First Place Festival Winner and Guest for three (3) days/two (2) nights (standard room/double occupancy) at a hotel in New York, NY. Estimated Retail Value (“ERV”) of First Place Festival Prize is one thousand and nine hundred dollars ($1,900).
(2) The Second Place Festival Prize will consist of: round-trip, coach-class airfare for Second Place Festival Winner and one (1) guest (“Guest”) (Guest, if any, must be twenty-one (21) years of age) from an airport near the Second Place Festival Winner’s residence (as determined by Sponsors in their sole discretion) to a major airport in or near Dallas-Fort Worth, TX (as determined by Sponsors in their sole discretion); two (2) Festival Passes to the Dallas
International Film Festival on April 3, 2011 through April 5, 2011 in Dallas, TX; accommodations for two (2) people for three (3) days/two (2) nights (standard room/double occupancy) at a hotel in Dallas, TX. ERV of Second Place Festival Prize is one thousand dollars ($1,000).
(3) The Third Place Festival Prize consists of round-trip, coach-class airfare for Third Place Festival Winner and a guest (“Guest”) (Guest, if any, must be twenty-one (21) years of age) from an airport near the Third Place Festival Winners’ residence (as determined by Sponsors in their sole discretion) to a major airport in or near Los Angeles
, CA; two (2) passes to the Festival’s Filmmaker Lounge at the Los Angeles Film Festival on June 17, 2011 through June 19, 2011 in Los Angeles, CA; twenty (20) general admission tickets that each admit one (1) person to one (1) movie at the Los Angeles Film Festival; accommodations for two (2) people for three (3) days/two (2) nights (standard room/double occupancy) at a hotel in Los Angeles, CA. ERV of Third Place Festival Prize is one thousand dollars ($1,000).
There will be two (2) grand prizes awarded (“Grand Prizes”) (collectively with Festival Prizes “Prizes”), one (1) Grand Prize awarded to each of Grand Prize Winner. Each Grand Prize will consist of a trip to the Cinequest Film Festival (“Trip”). The Trip will include the following: two (2) Cinequest All Access VIP Passes for Grand Prize Winner and one (1) Guest to the Cinequest Film Festival on March 1, 2011 through March 13, 2011; and accommodations for Grand Prize Winner and Guest for three (3) days/two (2) nights (standard room/double occupancy) at a hotel in San Jose, CA. ERV of each Grand Prize is one thousand and three hundred dollars ($1,300). ERV of all Grand Prizes is two thousand and six hundred dollars ($2,600).
ERV of all Prizes is six thousand and five hundred dollars ($6,500). Actual Retail Value (“ARV”) of Prizes may vary based on dates of departure and dates of travel. Sponsors will furnish an IRS 1099 form to each of the Winners for the ARV of the Prize for the tax year in which Grand Prize was awarded. The difference between the stated ERV and ARV will not be awarded.
All Trips must be taken on the dates chosen by Sponsors at their sole discretion. Sponsors will determine all details of Prizes in 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 Prizes are the sole responsibility of Winners. Prizes cannot be transferred by Winners or redeemed for cash and are valid only for the items detailed above, with no substitution of Prizes by Winners. If a Prize is unclaimed within a reasonable time 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.
Winners must be able to travel on the dates of each film festival as described above (or on such other dates designated by Sponsors) or Prize, or that portion of Grand Prize, will be forfeited and no substitution or compensation will be provided in lieu thereof. Each Trip awarded to a Winner must be taken within dates provided by the Sponsors or the Trip will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and black out dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. If Prize is unclaimed within a reasonable time 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. In the event that Sponsors are unable to provide any element of the Prizes described above, no compensation or substitution will be provided in lieu thereof, however the remainder of the Prize will be awarded. All event tickets described above are subject to certain terms and conditions as specified by their issuers.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prizes, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of all events described above are subject to change. All events are subject to cancellation. If Winners choose to attend the any events described above with no Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. Guests, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. If Guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf. Winners and Guests acknowledge that accepting any portion of Prize shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. All travel will be at the risk of Winners and Guests.
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 or 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.nbcbararea.com 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 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 Winners 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 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).
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 March 1, 2011, visit www.nbcbayarea.com,or send a self-addressed, stamped envelope to: The Cinequest Experience, 2450 North First Street, San Jose, CA 95131.