“BIG GAME GIVEAWAY” SWEEPSTAKES
OFFICIAL RULES
01/19/2009-01/30/2009
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE KNTV TERRESTRIAL GEOGRAPHIC VIEWING AREA AND WHERE PROHIBITED.
The “Big Game Giveaway” Sweepstakes (the “Sweepstakes”) is sponsored by KNTV/NBC Bay Area – TV, 2450 N. First Street, San Jose, CA 95123 (the “Sponsor”). Odds of winning depend upon the number of eligible entries received.
1. 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 of the age of majority in their state of residence as of the start of the Sweepstakes Period. Sweepstakes Entities, as referenced herein, shall include Sponsor, UV Discount, Samsung, 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. Void where prohibited by law. All applicable federal, state and local laws apply.
2. SWEEPSTAKES PERIOD/HOW TO ENTER: The Sweepstakes will begin at 6:00am Pacific Time (“PT”) on January 19, 2009 and end at 9:00am PT on January 29, 2009 (the “Sweepstakes Period”). All times in this Sweepstakes refer to Pacific Time. This Sweepstakes consists of seven (7) drawings conducted over the Sweepstakes Period. The Sweepstakes will consist of: (i) a daily entry period (“Daily Entry Period”) that will begin at 6:00am PT on designated days of the Sweepstakes Period and will end on the same day at 9:00am PT; and (ii) a random drawing (a “Daily Drawing”) conducted on the Daily Drawing date (“Daily Drawing Date”), all as detailed in the chart below. One (1) winner will be selected in each of the seven (7) Daily Drawings, for a total of seven (7) winners throughout the entire Sweepstakes Period. Entries for the last Daily Drawing must be received by 9:00am PT on January 29, 2009. Limit of one (1) entry per person/email address/household per Daily Drawing for a total of seven (7) entries during the entire Sweepstakes Period. Entries from the same person/email address/household in excess of the above stated limits will void all such additional entries. Entries generated by script, macro or other automated means are void and 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 submitted a potentially winning entry, Sponsors reserve the right to deem that the entry was submitted by the authorized account holder of the email address. 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. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission, or approval. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsor and will not be acknowledged.
How to Enter: You may enter online or via email. Email Entry: Watch “NBC Bay Area Morning News” (the “Show”) each weekday during the Sweepstakes Period between 6:00 and 6:30am PT on KNTV and look for the “secret code word,” which will be revealed in a promotional spot running during the specified time frame above. Then email that day’s “secret code word” to sweepstakes@nbcbayarea.com to be eligible for the applicable Daily Drawings as designated in the chart below. Emails must also include the following information: your name, address, telephone number, email address, and date of birth. The “secret code word” will be posted on www.nbcbayarea.com/station/as_seen_on/Big-Game-Giveaway.html and will not affect your chances of winning. Online Entry: Log on to the KNTV website at www.nbcbayarea.com, and search for the keywords “big game giveaway.” Click the Sweepstakes link and follow the instructions provided to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth.
Daily Promotion Daily Entry Period Start Date Daily Entry Period End Date Daily Drawing Date
1 6:00am PT January 19, 2009 9:00am PT on January 19, 2009 January 19, 2009
2 6:00am PT January 20, 2009 9:00am PT January 20, 2009 January 20, 2009
3 6:00am PT January 21, 2009 9:00am PT January 21, 2009 January 21, 2009
4 6:00am PT January 22, 2009 9:00am PT January 22, 2009 January 22, 2009
5 6:00am PT January 23, 2009 9:00am PT January 23, 2009 January 23, 2009
6 6:00am PT January 26, 2009 and January 27, 2009 9:00am PT January 26, 2009 and January 27, 2009 January 28, 2009
7 6:00am PT January 28, 2009 and January 29, 2009 9:00am PT January 28, 2009 and January 29, 2009 January 30, 2009
** Sponsors computer shall be the official timekeeper of the Sweepstakes.
3. RANDOM DRAWING/WINNER NOTIFICATION: One (1) potential daily winner (“Daily Winner”) will be selected in a random drawing on or about the Daily Drawing Date for the applicable day from among all eligible entries received during the corresponding Daily Entry Period by employees or representatives of Sponsor, whose decisions are final and binding with respect to all matters related to the Sweepstakes. A total of seven (7) potential Daily Winners will be selected during the entire Sweepstakes Period. Winning is subject to verification of eligibility. Sponsor will make one (1) attempt to notify potential Daily Winners at the email address and/or phone number submitted at the time of entry. Potential Daily Winners may be required to execute and return an Affidavit of Eligibility, Release of Liability, and, except where prohibited, Publicity Release within twenty four (24) hours of such notification. Noncompliance within this time period, with these Official Rules or the inability to reach potential Daily Winner or the return of or inability to deliver any prize/prize notification may result in disqualification and, at Sponsor’s discretion, and time permitting, an alternate potential winner may be selected in a random drawing from among the remaining eligible entries from the applicable Daily Entry Period. Non-winning entries from one Daily Entry Period will not be rolled over into the next Daily Drawing. Limit one (1) prize per family or household.
4. PRIZE: There will be seven (7) prizes (each a “Prize”) awarded. Daily Winners from the Daily Entry Periods on January 19, 20, 21, 22 and 23, 2009 will each receive one (1) Samsung Blu-Ray DVD Player for a total of five (5) DVD players. There will be (2) winners from the Daily Entry Periods January 26 through January 30, 2009 each will receive one (1) Samsung 52” LCD HDTV for a total of two (2) LCD HDTVs. The estimated retail value (“ERV”) of each LCD HDTV is two thousand seven hundred dollars ($2,700), and the ERV of each Blu-Ray DVD Player is two hundred fifty dollars ($250). The total ERV of all Prizes is six thousand six hundred fifty dollars ($6,650). All Prize details are at sole discretion of Sponsor. Prizes will be awarded “as is” with no warranty or guarantee, wither express or implied, by Sponsor. Other restrictions may apply. Sponsor reserves the right to substitute a Prize (or portion thereof) of comparable or greater value, at its sole discretion. Daily Winners of Prizes with an ERV of more than six hundred dollars ($600) will receive an IRS Form 1099 from Sponsors for the total ERV of Prize for the calendar year in which Prize was won. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Daily Winner. Prize cannot be transferred by Daily Winner or redeemed for cash and is valid only for the item detailed above, with no substitution of Prize by Daily Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, it will be forfeited and Prize may be awarded to an alternate potential winner selected in a random drawing from among the remaining eligible entries at Sponsors’ sole discretion. If a prize element is not available for any reason, the remaining elements of prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to winner and no additional compensation will be awarded.
5. CONDITIONS: Acceptance of any prize constitutes permission to the Sponsor and its designees to use Daily Winners’ name, city, state, likeness, voice, biographical information and statements 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 or permission, unless prohibited by law. By participating, entrant (i) agrees to release and hold Sponsor, NBC Universal, Inc., their respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and each of their respective directors, officers, employees and assigns (collectively, the “Released Parties”), harmless against any and all claims and liability, illness, injury, death, loss, litigation, or damage arising in whole or in part, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes or misuse, nonuse or use of any prize (including any travel or activity related thereto); (ii) waives all rights to claim punitive, incidental and consequential damages, attorney' fees or any damages other than actual out-of-pocket costs incurred to enter; and (iii) 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; and (iv) 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 Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsor’s sole discretion.
6. 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 Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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. Sponsor reserves 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 such cancellation, modification, or suspension, Sponsor reserves the right to select Daily Winner(s) 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, search key words, “big game giveaway”. Sponsor 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, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion). Due to the nature of television, the broadcast dates and times of each first run episode of the Show (and, therefore, the entry and Daily Drawing Dates and Daily Entry Periods) are subject to change. In the event the Show is canceled prior to broadcast, the Sweepstakes will terminate as of the date of cancellation. Any changes will be posted on the Website.
7. WINNERS’ NAMES: For the names of the Daily Winners, available after February 6, 2009, please send a postage paid envelope to be received by March 15, 2009, to NBC/KNTV “Big Game Giveaway” Sweepstakes, 2450 North First Street, San Jose, CA 95123.
8. NO WARRANTIES: Sponsor makes no warranties covering any prize furnished as part of this Sweepstakes.
9. GOVERNING LAW: All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any participant, Sponsor or the Released Parties in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of the State of New York without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of New York. If any controversy or claim arising out of or relating to the Sweepstakes, the Official Rules, or the breach of any term hereof, cannot be otherwise resolved, it shall be resolved by binding arbitration conducted in the County of New York, and administered by Judicial Arbitration and Mediation Services (“JAMS”) in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (the “JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be an experienced arbitrator licensed to practice law in New York. The decision of the arbitrator shall be binding, final and conclusive and shall not be appealable to any court. 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.
10. PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ONLINE ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSOR/SPONSOR’S REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE SHOULD ONLINE ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
