LXTV Fairway Text for a Chance to Win Sweepstakes
Official Rules
November 4, 2010 - November 28, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void where prohibited. The Fairway Text to Win Sweepstakes (“Sweepstakes”) will begin on November 4, 2010 at 12:01 AM ET and end on November 28, 2010 at 11:59 PM ET (“Sweepstakes Period”). During the Sweepstakes Period, a weekly drawing will take place one (1) time per week (“Weekly Drawing”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received during each Weekly Drawing. Sweepstakes is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are located and residing in the WNBC terrestrial geographic viewing area in 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; Bergen, Essex, Hudson Hunterdon, Middlesex, Monmouth, Morris, Ocean, Passaic, Somerset, Sussex, Union, and Warren in the state of New Jersey; Fairfield in the state of Connecticut; and 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 NBC Universal, Inc., located at 30 Rockefeller Plaza, New York, NY 10112 and Fairway Market, located at 2284 12th Avenue, New York, NY 10027 (collectively, “Sponsors”) and their respective parent, subsidiary and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in development, administration, promotion or implementation of Sweepstakes.
HOW TO ENTER: To enter by mobile device, during each Weekly Drawing entry period of the Sweepstakes Period, viewers of promotional Fairway content shown in participating New York City Taxis will be invited to enter the Sweepstakes by texting “WIN” to 639710 (“Entry”). You will be entered into the Weekly Drawing once you text the short code “WIN” during the corresponding entry period for that Weekly Drawing. Please use caution and do not drive while entering the Sweepstakes. MESSAGE AND DATA RATES APPLY TO EACH TEXT MESSAGE SENT AND RECEIVED.
Weekly Drawing 1
Entry Period Start Date: November 4, 2010 at 12:01 AM ET
Entry Period End Date: November 8, 2010 at 11:59 PM ET
Drawing Date: November 9, 2010
Weekly Drawing 2
Entry Period Start Date: November 11, 2010 at 12:01 AM ET
Entry Period End Date: November 15, 2010 at 11:59 PM ET
Drawing Date: November 16, 2010
Weekly Drawing 3
Entry Period Start Date: November 18, 2010 at 12:01 AM ET
Entry Period End Date: November 22, 2010 at 11:59 PM ET
Drawing Date: November 23, 2010
Weekly Drawing 4
Entry Period Start Date: November 24, 2010 at 12:01 AM ET
Entry Period End Date: November 28, 2010 at 11:59 PM ET
Drawing Date: November 30, 2010
Your Entry must be received before the Weekly Entry Period End Date (defined in chart) to be eligible. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. If any Entry does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Entry may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations.
All Entries become the property of the Sponsors and will not be acknowledged. Limit one (1) Entry per person per week 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, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization 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 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:
A total of four (4) winners (each a “Winner”) will be selected by representatives of Sponsors during the Sweepstakes Period. Each Winner will be randomly selected, from all eligible Entries received during the corresponding Weekly Drawing Entry Period (defined in chart), on or about the following dates: November 9, 2010, November 16, 2010, November 23, 2010, and November 30, 2010. 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 execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within seven (7) days of such notification. Noncompliance within this time period may result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible entries. If 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 Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible entries. Limit one (1) prize per family or household.
PRIZE: There will be four (4) prizes awarded (each a “Prize”). Each Prize consists of the following: a one (1) one hundred dollar ($100) gift certificate to Fairway Market. Prize is subject to certain terms and conditions as specified by issuer. Estimated Retail Value (“ERV”) of each Prize is one hundred dollars ($100). Total ERV of all Prizes is four hundred dollars ($400).
Sponsors will determine all details of Prize 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 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 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 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 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 Sponsors’ 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 December 17, 2010, send a self-addressed, stamped envelope to be received by January 11, 2011 to: LXTV Fairway Text for a Chance to Win Sweepstakes, 30 Rockefeller Plaza, Room 75, New York, NY 10112.
2010 NBC Universal, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.
