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NBC 4 WASHINGTON SOCIAL MEDIA
FANDEMONIUM/THE REMOTE GIVEAWAY
Official Rules
April 19, 2012-April 25, 2012
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void outside the WRC terrestrial Geographic Area (defined below) and where prohibited. The NBC 4 Washington Social Media Fandemonium/Remote Guy Giveaway (“Sweepstakes”) will begin on April 19, 2012 at 09:00 A.M. ET and end on April 25, 2012 at 5:59 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received during the corresponding Weekly Entry Period (defined below). Sweepstakes is subject to all applicable federal, state and local laws. This Promotion is in no way sponsored, endorsed or administered by, or associated with, Facebook. Entrants are providing information to Sponsors and not to Facebook.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically located in the WRC terrestrial geographic viewing area in the District of Columbia, and the counties of Arlington, Fairfax, Prince William, Spotsylvania, Stafford, Frederick, Clarke, Fauquier, Loudoun, Warren, Jefferson, Culpeper, King George, Orange, Page, Rappahannock, Shenandoah, and Westmoreland in the state of Virginia; the counties of Berkeley, Grant, Hampshire, Hardy, Mineral, and Morgan in the state of West Virginia; the counties of Montgomery, Prince George’s, Calvert, Charles, Frederick, Allegany, St. Mary’s, and Washington in the state of Maryland; and the county of Fulton in the state of Pennsylvania (collectively, the “Geographic Area”), and who are eighteen (18) 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 WRC, 4001 Nebraska Avenue NW, Washington, DC, 20016, 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: There are two (2) ways to enter the Sweepstakes:
Facebook Entry: To enter on Facebook, during the Sweepstakes Period, access the WRC Facebook website at http://www.facebook.com/nbcwashington (“Website”) and click the “Like” tab to become a fan of NBC 4 Washington and follow the provided instructions to complete and then submit an entry form, which includes your name, telephone number, email address and ZIP code (“Facebook Entry”).
Email Entry: To enter via email, during the Sweepstakes Period, send an email to cheryl.thompson@nbcuni.com with NBC 4 Washington Social Media Fandemonium Giveaway in the subject line that includes your first and last name, complete address, telephone number including area code, date of birth, and email address (“Email Entry”).
Facebook Entries and Email Entries will be referred to herein collectively as “Entries”. All Entries become the property of Sponsors and will not be acknowledged. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter [once] 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.
PRIVACY: Entrants will have the opportunity to receive information from WRC and selected partners by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from WRC or our partners, please go to our privacy policy, located at http://www.nbcwashington.com/privacy, or the applicable partner’s privacy policy and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: One(1) potential winner (“Winner”) will be selected in a random drawing by employees of Sponsors from all eligible Entries on or about April 26, 2012. Sponsors will make two (2) attempts to notify potential Winners at the phone number and/or email address submitted at the time of Entry. Potential Winners may be required to return a completed, signed, and notarized affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate Winner may be selected from the remaining eligible Entries. 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, winner will be disqualified and an alternate Winner may be selected from the remaining eligible entries.
PRIZES: Prize: One (1) forty six inch (46”) Samsung LCD TV.
Total estimated retails value (“ERV”) of Prize that will be awarded is eight hundred and fifteen dollars ($815). All details of Prizes will be determined by Sponsors 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. Sponsors will furnish an Internal Revenue Service Form 1099 to Winners for the actual retail value (“ARV”) of the Prize for the tax year in which the Prize was awarded. Any difference between the ARV and ERV will not be awarded. Prizes cannot be transferred by Winners or redeemed for cash and is valid only for the items detailed above, with no substitution of Prizes by Winners. Sponsors reserve the right, at their sole discretion, to substitute a similar Prize of comparable or greater value for any reason including, without limitation, Prize unavailability. Except as indicated above, no other Prize elements are included in the Prizes. 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.
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, Facebook 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 http://www.nbcwashington.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. Winners must scan or fax an ID that is valid in the state of Maryland, Virginia, West Virginia, Pennsylvania, or the District of Columbia, and must also be able to pick up prize in at the WRC station, 4001 Nebraska Avenue NW, Washington, D.C. 20016 unless otherwise indicated. Special arrangements will be made for Winners who are not able to pick up their prizes in person.
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(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.facebook.com/nbcwashington. 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 ATTORNEYS’ 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 Winner, available after May 30, 2012, please visit http://www.facebook.com/nbcwashington.com or send a self-addressed, stamped envelope to be received by August 31, 2012 to: NBC 4 Washington Social Media Fandemonium/The Remote Giveaway, 4001 Nebraska Avenue NW, Washington, D.C. 20016, Attn: A & P Department.
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