LX New York Sleepy's Sweepstakes Official Rules
Updated 2:35 PM EST, Mon, Mar 7, 2011
LX New York – Sleepy’s Sweepstakes
March 7, 2011 – March 9, 2011
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. PURCHASE DOES NOT ENHANCE YOUR CHANCES OF WINNING. Void outside the WNBC terrestrial Geographic Viewing Area (defined below) and where prohibited. LX New York - Sleepy's Sweepstakes (“Sweepstakes”) will be run in conjunction with the television program LX New York (“Show”) which airs weekdays at 5:00 P.M. ET on WNBC. Sweepstakes will begin on March 7, 2011, at 5:00 P.M. ET and end on March 9, 2011 at 7:30 P.M. ET (“Sweepstakes Period”). Sweepstakes is subject to all applicable federal, state and local laws. Odds of winning depend upon the number of eligible entries received. All times in the Sweepstakes refer to Eastern Time (“ET”).
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are eighteen (18) years of age or older and the age of majority in their state of residence as of March 7, 2011, and who are physically located and residing in the WNBC terrestrial geographic viewing area (the counties of Bronx, Dutchess, Kings, Nassau, New York, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester in the state of New York; the counties of Bergen, Essex, Hudson, Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren in the state of New Jersey; the county of Fairfield in the state of Connecticut; and the county of Pike in the state of Pennsylvania (collectively, “Geographic Viewing Area”)). Entrants must have a valid U.S. 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 LX.TV, and NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Sleepy's Corporate Headquarters
1000 South Oyster Bay Road, Hicksville, NY 11801 (“Prize Supplier”) 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: Access the LX New York website at www.lxnewyork.com (“Web Site”), click on the Sweepstakes icon or text link, and then follow the online instructions to complete and thereafter submit the online entry form, including your first and last name, complete home address (including street address, city, state and Zip code), date of birth, telephone number (including area code), email address and the answer to the trivia question “What year was Sleepy’s founded?” (“Trivia Question) (“Entry”). You do not have to answer the trivia question correctly to be entered into the Sweepstakes. Your answer to the trivia question will not affect your chances of winning. Entries must be received by 7:30 P.M. ET on March 9, 2011 to be eligible for the Sweepstakes. Limit one (1) Entry per person/email address during the Sweepstakes Period. Multiple Entries received from any person or 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 Sponsors and will not be acknowledged. 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. Sponsors, in their sole discretion, reserve the right to request from potential winner an electronic photo, and to display the name and image of potential Winner (defined below), and by entering, entrants grant to Sponsors the right to do so.
PRIVACY: Any personal information supplied by entrants to Sponsors will be subject to Sponsors’ respective Privacy Policies posted at: http://lxtv.com/privacy/ and http://www.nbc.com/Footer/Privacy/. Entrants may 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 10, 2011, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from among all eligible Entries received during the entire Sweepstakes Period. Sponsors will make two (2) attempts to notify the Winner at the phone number and/or email address submitted at the time of entry. 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 Winner or Winner may be disqualified and an alternate Winner may be selected in a random drawing from among the remaining eligible Entries at Sponsors’ sole discretion. By returning the completed Sweepstakes Documents, Winner attests to the authenticity of his/her Entry. If 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, Winner will be disqualified and, time permitting, an alternate Winner may be selected in a random drawing from among the remaining eligible Entries, at Sponsors’ sole discretion. Prize notifications and Sweepstakes Documents will be shipped to an address in the Geographic Viewing Area only.
PRIZE: There will be one (1) prize awarded (“Prize”) to the Winner consisting of a choice of mattresses from the Sleepy’s Dr. Breus Monogram Collection. Winner may select multiple mattresses but the total value must not exceed five thousand dollars (“$5,000”). Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors. All federal, state, and local taxes (if any) and all other costs and expenses associated with Prize not specified herein as being awarded are the sole responsibility of Winner.
Estimated Retail Value (“ERV”) of Prize is five thousand dollars ($5,000). Actual Retail Value (“ARV”) of Prize may vary depending on mattresses selected by Winner. Any differences between stated ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the total ARV of Grand Prize for the tax year in which Prize was won.
Prize Supplier will determine all Prize details in their sole discretion. If a Prize element is not available for any reason, as determined by Prize Supplier in their sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ and Prize Supplier’s Prize obligation to Winner and no additional compensation will be awarded. Additional restrictions may apply. Winner acknowledges that accepting any portion of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Prize Supplier will determine all details of Prize in its sole discretion. Prize Supplier reserves 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 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 a reasonable time after notification from Sponsor, as determined by Sponsor 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, discharge, and hold harmless Sweepstakes Entities and their respective officers, directors, employees, shareholders, licensors, representatives, and agents (collectively, “Released Parties”) from any liability due to any illness, injury, death, loss, litigation, or damage that may occur, to any person or property of any kind, resulting in whole or in part, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes or any Sweepstakes-related activity and/or from his/her acceptance, possession, use, misuse, or inability to use a 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 or any Sweepstakes-related activity 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 a prize, including express warranties provided exclusively by a prize provider that are sent along with a prize; (c) if selected as Winner, to the posting of such entrant’s name, city and state on the website 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 herein or in the Sweepstakes itself, and to be bound by all actions of the Sponsors, whose decisions are binding and final on all matters related to this Sweepstakes. 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 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 to cancel, suspend, or modify 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) should any computer virus, malfunction, or other cause corrupt the administration, security, or proper operation thereof. In the event of such cancellation, suspension, or modification, Sponsors reserve the right to award Prize in a random drawing from among all eligible, non-suspect Entries received prior to the event requiring such cancellation, suspension, or modification. Notice of cancellation, suspension, or modification will be posted on the Web Site. 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 (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 and/or telephone 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, mobile telephone service, or computer failures of any kind; for inaccurate transcription of Entry Information; for errors in any promotional, marketing, or prize notification or fulfillment 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 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 PROMOTION 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.
RULES/WINNER’S NAME: For the name of the winner, available after March 31, 2011, or for an additional copy of these Official Rules, send a self-addressed, stamped envelope to: The LX New York – Viewer Sweepstakes “RULES” or “WINNER’S LIST” (specify which), LX.TV, 75 Rockefeller Plaza, New York, NY 10012.
2011 NBCUniversal Media, LLC All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.
First Published: Mar 7, 2011 2:20 PM EST