US Cellular – Jimmy Fallon Promotion
November 30, 2009—December 13, 2009
PRELIMINARY INFORMATION: NO PURCHASE OR TEXT NECESSARY TO ENTER OR WIN. VOID WHERE PROHIBITED. A purchase will not improve your chances of winning. Void outside the WMAQ terrestrial geographic viewing area and where prohibited. The US Cellular Jimmy Fallon Sweepstakes (“Sweepstakes”) will begin on October 19th 2009 at 12:00 p.m. CT and end on December 13, 2009 at 12:00 a.m. CT (“Sweepstakes Period”). All times in the Sweepstakes refer to Central Time (“CT”). Odds of winning depend upon the number of eligible entries received. Sweepstakes is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the WMAQ terrestrial geographic viewing area in the counties of Cook, DuPage, Will, DeKalb, Grundy, Iroquois, Kane, Kankakee, Kendall, Lake, LaSalle, and McHenry in the state of Illinois; and Jasper, Lake, LaPorte, Newton, and Porter in the state of Indiana and who are twenty-one (21) 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 WMAQ, 454 N Columbus, Chicago Il, 60611, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, Southwest Airlines [2701 Love Field Dr., Dallas, TX. 75235] and US Cellular [8410 W. Bryn Mawr Suite 700, Chicago, IL. 60631] (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.
How To Enter by Mobile Device: To enter this Sweepstakes by Mobile Device, you must have a text messaging capable mobile device. You may register by texting “NYC ” to the short code NBCNOW (622669). Once registered for the US Cellular Jimmy Fallon Sweepstakes. Please use caution and do not drive while entering the Promotion. STANDARD TEXT MESSAGE RATES APPLY TO EACH TEXT MESSAGE SENT AND RECEIVED.
Free Method of Entry Online: To enter the Sweepstakes for free without using a text messaging capable cell phone, email your name, email address, telephone number, zip code, gender, and date of birth, to NBC5NOW@nbcuni.com.
TO ENTER: The Sweepstakes consists of one (1) Drawing conducted over the Sweepstakes Period. Limit of one (1) entry per person/mobile device/email address per day during the Sweepstakes Period regardless of method of entry. Entries from the same person/mobile device/email address in excess of one (1) per day will be disqualified. Entries generated by script, macro or other automated means are void. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsors and will not be acknowledged. In the event of a dispute as to the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the Entry was made by the authorized account holder of the mobile device or email address submitted at the time of entry. "Authorized account holder" of a mobile device is defined as the natural person in whose name the phone has been issued and to whom services are billed. “Authorized account holder” of an e-mail address is defined as the natural person who is assigned to an email address by an Internet access 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, 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, permission or approval.
WINNER SELECTION AND NOTIFICATION:
On or about December 13, 2009,one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of entry. PotentialWinner 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 such notification. Noncompliance within this time period will 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.
PRIZE: There will be one (1) prize awarded (“Prize”). consisting of the following: A trip (the “Trip”) to the New York/New Jersey metropolitan area for Winner and one (1) guest (“Guest”), and two (2) tickets to Late Night with Jimmy Fallon (the “Show”). The Trip will include the following elements, each as determined by Sponsors in their sole discretion: Standard hotel accommodations (standard room, double occupancy) for two (2) nights in the New York/New Jersey metropolitan area; roundtrip commercial coach airfare for two (2) to a major airport in the New York/New Jersey metropolitan area from an airport near the Winner’s residence (as determined by Sponsors in their sole discretion); Airfare provided by Southwest Airlines. Times and dates of Trip to be determined at Sponsors’ sole discretion. Estimated Retail Value (“ERV”) of Prize is one thousand six hundred dollars ($1,600). . Actual Retail Value (“ARV”) of Prize varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ARV and actual ARV will not be awarded. Prize must be redeemed for travel between January 2010 and October 2010, or Prize will be forfeited. Trip is subject to space availability, select blackout dates and other travel restrictions. Confirmation of travel dates will only be provided thirty (30) days prior to the departure date. Winner will receive an IRS Form 1099 from Sponsors for the total ARV of Prize for the calendar year in which Prize was won.
All details of Prize will be determined by Sponsors in their sole discretion. No substitution, transfer, or cash equivalent of Prize, except that Sponsors reserve the right, at their sole discretion, to substitute a similar Prize (or Prize element) of comparable or greater value for any reason including, without limitation, Prize unavailability. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of 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. Winner and Guest must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Airline tickets must be issued thirty (30) days prior to date of departure or thirty (30) days after reservation is made, whichever comes first. All taxes and fees assessed at the time of ticketing are the responsibility of Winner. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Trip must be completed by a date specified by Sponsors or Prize will be forfeited. Tickets will be issued only to Winner and Guest. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. 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 Show is subject to change. Show is further subject to cancellation. If Show is not in production or is cancelled for any reason, or if any element of the Show does not take place as scheduled for any reason, the remaining elements of Prize shall be awarded and shall be awarded and constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional substitution or compensation will be awarded. If Winner chooses to attend the Show without Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. Winner’s Guest must be 21 years of age as of first date of travel or, if Guess is a minor, Winner 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 and all 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 www.nbcchicago.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.
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 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.nbcchicago.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 name of the Winner, available after December 20, 2009, visit www.nbcchicago.com,or send a self-addressed, stamped envelope to be received by November 16, 2009 to Ashley Ganski to: US Cellular Jimmy Fallon Sweepstakes, 454 N Columbus. , Chicago, Il. 60611.
NO PURCHASE NECESSARY. Void where prohibited. Open only to permanent, legal U.S residents of the WMAQ viewing area who are 21 or older as of the beginning of the Sweepstakes Period. Sweepstakes runs from November 30, 2009, 2009 at 12:00 P.M. CT to December 13, 2009 at 12:00 A.M. CT. Prize restrictions apply. To enter, and for full Official Rules and prize details, go to www.nbcchicago.com.