GREATER MIAMI CONVENTION AND VISITORS BUREAU SWEEPSTAKES
February 16, 2009— March 8, 2009
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void outside the WMAQ terrestrial geographic viewing area and where prohibited. The Greater Miami Convention and Visitors Bureau Sweepstakes (“Sweepstakes”) will begin on February 16, 2009 at 12 PM CT and end on March 8, 2009 at 11:59 PM CT (“Sweepstakes Period”). All times in the Sweepstakes refer to Central Time (“CT”). Odds of winning depend upon the number of eligible entries received.
TO ENTER: To enter, during the Sweepstakes Period access the WMAQ website at www.nbcchicago.com and search for the keyword “Miami.” Click on the Sweepstakes icon, and follow the provided 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 WMAQ, 454 N. Columbus Drive, Chicago, IL 60611, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and will not be acknowledged.
Entries must be received before March 8, 2009 before 11:59 PM CT to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. You may enter only 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 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, De Kalb, Du Page, Grundy, Kane, Kankakee, Kendall, Lake, La Salle, McHenry, and Will in the state of Illinois; and Jasper, Lake, La Porte, Newton, and Porter in the state of Indiana; and who are eighteen (18) years of age or older and the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes Entities, 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, the Greater Miami Convention and Visitors Bureau, 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 March 9, 2009 two (2) potential winners (“Winners”) 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 potential Winner(s) at the phone number and/or email address submitted at the time of entry. Potential Winner(s) 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 potential Winner may be selected from 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, time permitting, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible entries.
PRIZE: There will be two (2) prizes awarded (“Prize[s]”), each consisting of a two (2) night trip for Winner and one (1) guest (“Guest”) to Miami Beach, Florida (the “Trip”). The Trip will include the following: round trip coach class air transportation for Winner and Guest from a major commercial Chicagoland airport (as determined by Sponsors in their sole discretion) to a major commercial airport in the Miami, Florida area; and standard hotel accommodations (single room/double occupancy) for Two (2) nights at the Double Tree Surfcomber Hotel, Miami Beach, Florida or Two (2) nights at the Nash South Beach Hotel.
Estimated Retail Value (“ERV”) of Prizes is four thousand seventy dollars ($4,070). ERV of Prize varies depending on fare fluctuation for the Trip. Any differences 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. All Prize details will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value for any reason 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 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. Travel must be completed by August 31, 2009 or Prize will be forfeited. Airline and hotel reservations are subject to availability. Trip must be booked as directed by Sponsors. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension, or substitution of Trip dates is permitted, except by Sponsors in their sole discretion. Winner and Guest must travel together on the same itinerary. Except as indicated above, no other travel elements (including, without limitation, ground transportation to and from airport, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on the airline(s) chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner and Guest. 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. Winner and Guest are solely responsible for obtaining all necessary travel documents, including passports. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. Any illustrations and/or depictions of Prize are for illustrative purposes only. Sponsors are not responsible for airline seat assignments, special meals, check-in procedures, and baggage limitations. Sponsors have no responsibility for alterations to any travel plans caused by airline delays or for any act, omission or event. 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. Winner and Guest specifically release Sponsors from any and all claims for loss or damage to baggage or property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, such as air carriers, hotels, restaurateurs, transportation providers, medical personnel or other providers of services or facilities. If a Winner chooses to take the Trip with no Guest, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, the “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of Prize will be forfeited. Guest must be the age of majority in his or her state of residency as of the first date of travel or Winner must be Guest’s parent or legal guardian and must complete and return the Guest Documents on behalf of such minor Guest.
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.sweepstakeswebsite.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 March 16, 2009, send a self-addressed, stamped envelope to be received by April 17, 2009 to: “The Greater Miami Convention and Visitors Bureau” Sweepstakes, WMAQ, 454 N. Columbus Drive, Chicago, IL 60611.
Rules and Regulations
GREATER MIAMI CONVENTION AND VISITORS BUREAU SWEEPSTAKES