“Win a Trip to Kalahari Resort”
Official Rules
December 3, 2008—December 14, 2008
PRELIMINARY INFORMATION: No purchase necessary. Void outside the NBC5 WMAQ terrestrial geographic viewing area and where prohibited. The Win a Trip to Kalahari Resort Sweepstakes (“Sweepstakes”) will begin on December 3, 2008, at 11:59PM Central Time (“CT”) and end on December 14, 2008, 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.
TO ENTER: To enter, access the WMAQ website at www.nbcchicago.com and search for the keyword “contests.” Click on the Sweepstakes icon, then follow the directions provided to complete and submit the entry form, which includes name, address, telephone number, email address, and other information. All entries become the property of NBC5 WMAQ, 454 N. Columbus Drive, Chicago, IL 60611, NBC Universal, 30 Rockefeller Plaza, New York, NY 10112, and Kalahari Resort, 1305 Kalahari Drive, Wisconsin Dells, WI 53965 (collectively, “Sponsors”), and will not be acknowledged. Entries must be received before 11:59PM on December 14, 2008 to be eligible for the Sweepstakes. You may enter only once 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, illegible, 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 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 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 21 years of age or older as of December 3, 2008. Officers, directors, agents 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: One (1) winner (“Winner”) will be selected in a random drawing by employees of Sponsors on or about December 15, 2008 from among all eligible entries received during the Sweepstakes Period. Sponsor will make two (2) attempts to notify Winner at the phone number and/or email address submitted at the time of entry. Winner may be required to execute and return to Sponsors an affidavit of eligibility, release of liability, and, except where prohibited, a 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 by Sponsors at their sole discretion. 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, 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. Limit one (1) prize per family or household.
PRIZE: There will be one (1) prize awarded, consisting of the following: Two (2) nights stay at Kalahari Resort, located at 1305 Kalahari Drive, Wisconsin Dells, WI, 53965 for Winner and up to four (4) guests for the nights of December 19 and 20, 2008; one (1) $100 Kalahari restaurant voucher; one (1) $100 Kalahari Indoor Theme Park voucher; admission to the Kalahari Indoor Theme Park Grand Opening Event scheduled to take place from 11:00AM to 1:00PM on December 19, 2008, and a chance to meet and greet members of the “American Gladiators.” Total Estimated retail value (“ERV”) of the prize is $600. Any difference between stated ERV and actual ERV will not be awarded. Winner will receive an IRS Form 1099 from Sponsors for the total ERV of Prize for the calendar year in which prize was won. 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 the 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 Sponsor’s 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. Sponsor 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. If Winner chooses to stay at Kalahari Resort without a Guest, or with fewer than four (4) Guests, 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, will be required to execute a release of liability and, except where prohibited, a publicity release which must be returned with the Sweepstakes Documents, or the Guest portion of prize will be forfeited. If Guest is a minor, Winner or one of the other Guests must be the parent or legal guardian of such guest. Other restrictions may apply.
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 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: Failure to comply with these rules may result in disqualification from the Sweepstakes. Sponsors reserve the right to terminate this Sweepstakes or permanently disqualify from any promotion any person Sponsors 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 or wireless device 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 a 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 JAMS 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 29, 2008, send a self-addressed, stamped envelope to be received by January 15, 2009 to: Win a Trip to Kalahari Resort Sweepstakes, NBC5, 454 N. Columbus Drive, Chicago, IL 60611.
