“The 2009 Tyson American Cup” TICKET SWEEPSTAKES
January 18, 2009-February 8, 2009
1. PRELIMINARY INFORMATION: No purchase necessary. Void outside the NBC5 WMAQ terrestrial geographic viewing area and where prohibited. “The 2009 Tyson American Cup” Ticket Sweepstakes (“Sweepstakes”) will begin on January 18, 2009 at 11:59PM Central Time (“CT”) and end on February 8, 2009 at 11:59PM CT (“Sweepstakes Period”). All times in this Sweepstakes refer to Central Time. Odds of winning depend upon the number of eligible entries received.
2. TO ENTER: To enter, access the WMAQ website at www.nbcchicago.com and search for the keyword “gymnastics.” Then, click on the Sweepstakes icon, and follow the instructions provided 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 WMAQ, 454 N. Columbus Drive, Chicago, IL 60611, and World Sports Chicago, ( “Sponsors”), and will not be acknowledged. Entries must be received before February 8, 2009 at 11:59PM to be eligible for the Sweepstakes. You may enter only once during the Sweepstakes period. Multiple entries received from any person or email address above 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 regardless of origin, 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.
3. 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, Livingston, McHenry, Marshall, Peoria, Stark, Tazewell, Will, Winnebago, and Woodford in the state of Illinois; Jasper, Lake, LaPorte, Newton, Porter, and Starke in the state of Indiana; Berrien in the state of Michigan; and Kenosha in the state of Wisconsin; and who are eighteen (18) years of age or older as of January 18, 2009. 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, 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.
4. WINNER SELECTION: On or about February 9, 2009, five (5) winners (each a “Winner”) will be selected in a random drawing by employees of Sponsors from all valid entries received during the Sweepstakes Period. Sponsors will make two (2) attempts to notify Winner at the telephone number or email address submitted at time of entry. Winner 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 an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. If 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 at Sponsors’ sole discretion. Limit one (1) prize per family or household.
5. PRIZE: There will be five (5) prizes (each a “Prize”) awarded, each consisting of the following: four (4) tickets for Winner and three (3) guests (each a “Guest”) to the 2009 Tyson American Cup event scheduled to be take place on February 21, 2009 at Sears Centre Arena, 5333 Prairie Stone Parkway Hoffman Estates, IL 60192 at 1:30 PM (the “Event”). Estimated retail value (“ERV”) of each prize is three hundred forty dollars ($340). Total ERV of all prizes to be awarded is one thousand seven dollars ($1,700). Details of Prize 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 all other expenses, costs or fees associated with the acceptance and/or use of any prize are the sole responsibility of the 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, at Sponsors’ sole discretion, an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, 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. Event is subject to postponement and cancellation. If Event is postponed and/or cancelled, or, if Winner chooses to attend Event with fewer than three Guests, or without any Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ obligation to Winner and no additional compensation will be awarded. Guest(s) (or his/her parent/legal guardian, if a resident of a jurisdiction that deems him/her to be a minor), if any, may be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited. If a minor is selected to attend the Event, he/she must be accompanied by his/her parent or legal guardian. . Other restrictions may apply.
6. 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 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.
7. 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).
8. GOVERNING LAW: 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.
9. WINNER ANNOUNCEMENT: For the names of the Winners, available after February 21, 2009, send a self-addressed, stamped envelope to be received by April 15, 2009 to: “The 2009 Tyson American Cup” Sweepstakes, NBC5, 454 N. Columbus Drive, Chicago, IL 60611.