9 to 5: The Musical Sweepstakes`
May 4, 2009 to May18th, 2009
PRELIMINARY INFORMATION: No purchase necessary to enter to win. A purchase will not improve chances of winning. Void outside the WNBC terrestrial geographic viewing area (as described below) and where prohibited. The 9 to 5: The Musical Sweepstakes (the “Sweepstakes”) will begin on May 4, 2009 at 9:00 A.M. Eastern Time (“ET”) and end on May18, 2009 at 5:00 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time. Sweepstakes is subject to all applicable, federal, state and local laws. Odds of winning depend upon number of eligible entries received.
TO ENTER: To enter, access the WNBC website at www.nbcnewyork.com and search for the keywords “9 to 5” to access the Sweepstakes homepage. Then follow the onscreen instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth. All entries become the property of WNBC/NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and Spotco, 512 7th Avenue, 2nd Floor, New York, NY 10018 (collectively, “Sponsors”), and will not be acknowledged. Entries must be received before April 24, 2009 at 5:00 P.M. ET to be eligible for the Sweepstakes. You may enter once 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 or telephone number 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.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located 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) 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 Sponsors 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.
WINNER SELECTION AND NOTIFICATION: On or about May 18, 2009, one 1) potential winner will be selected in a random drawing by employees of Sponsors from all eligible entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify each potential winner at the phone number and/or email address submitted at the time of entry. Potential winner (or, if potential winner is a minor, his/her parent or legal guardian) may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of issuance of such notification. Noncompliance within this time period will result in disqualification, and an alternate potential winner may be selected in a random drawing from among the remaining eligible entries at Sponsors’ sole discretion. 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, potential winner will be disqualified and an alternate potential winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
PRIZE: There will (1) one prize (“Prize”awarded, consisting of: four (4) tickets for the winner (“Winner”) and threeguests (each a “Guest”)to a performance of 9 to 5: The Musical scheduled to take place at the Marriott Marquis Theatre, 1535 Broadway, New York, NY 10036 (the “Performance”). Estimated Retail Value (“ERV”) of each Prize is six hundred forty dollars ($640). Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ERV of Prize for the calendar year in which Prize was won. Tickets may be subject to additional terms and conditions specified thereon. Winner and Guests agree to comply with all applicable venue rules and regulations in connection with Prize. Tickets subject to availability. Certain blackout dates, including but not limited to all Saturday evenings, may apply. Details of Prize, including but not limited to date of Performance and seat location, will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize of comparable or greater value at their sole discretion. 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, it will be forfeited, and an alternate Winner may be selected from among the remaining eligible entries at Sponsors’ sole discretion. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Performance are subject to cancellation. If Winner chooses to attend the Performance with fewer than seven (7) Guests, or with no Guest, 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. Guests, if any, may be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited. If any Guest is a minor, Winner, or one of the other Guests, must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
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 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 the Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbcnewyork.com 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, 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 www.nbcnewyork.com. 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 May 20, 2009, send a self-addressed, stamped envelope to be received by June 24, 2009 to the attention of Yolanda Askew at the following address: “9 to5: the Musical,” c/o WNBC Sales, 30 Rockefeller Plaza, New York, NY 10112.
Rules and Regulations
9 to 5: The Musical Sweepstakes`