Viacom Media Networks, 1515 Broadway, New York, NY 10036.
Administrator: National Sweepstakes Company, LLC, 80 Rockwood Place, Rochester, NY 14610.
1. SWEEPSTAKES PERIOD: The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on April 9, 2014 and ends at 11:59:59 p.m. ET on April 18, 2014 (the “Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
2. ELIGIBILITY: To enter the Sweepstakes, you must be (i) a legal resident of one (1) of the fifty (50) United States or the District of Columbia; and (ii) eighteen (18) years of age or older at time of Sweepstakes commencement (each a “Participant”). Participants who are under the age of majority in their state of residence (18, 19 AL, DE & NE, 21 MS) at time of entry must have their parent or legal guardian’s (“Parent”) permission prior to entering the Sweepstakes. Employees, officer, directors, and members of Sponsor, Administrator, Paramount Home Entertainment, Inc. (“Paramount”), all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (collectively, “Sweepstakes Entities”), licensors, representatives, contractors, and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those winners who have won a grand prize in any Sponsor-related sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period, are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor and/or Administrator in its/their sole discretion.
Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of Participant on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to Participant’s or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor and/or Administrator which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the online portion of the Sweepstakes. Should the Sweepstakes be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sweepstakes Site, and any entries received prior to the termination or cancellation will be included in the drawing. In the event of a dispute over who submitted a winning entry, the authorized account holder of the email address used to register will be deemed to be the registrant or player. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Multiple Participants are not permitted to share the same email address. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any Participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Participant’s entries, and that Participant may be disqualified at Sponsor’s and/or Administrator’s discretion.
4. DRAWING AND WINNER NOTIFICATION: Administrator will conduct a random drawing from all eligible entries received during the Sweepstakes Period in order to select five (5) potential winners (each a “Potential Winner”) on or about April 25, 2014. A Potential Winner will be notified by email on or about April 25, 2014. Odds of winning a prize depend on the total number of eligible entries received during the Sweepstakes Period. If a Potential Winner fails to respond to the notification within three (3) business days of Administrator’s first attempt, such Potential Winner and his/her entry will be disqualified and another Potential Winner will be selected from the remaining eligible entries received during the Sweepstakes Period.
5. VERIFICATION OF WINNER: Before a Potential Winner is deemed an official Sweepstakes winner (each an “Official Winner”), he/she (or his/her Parent if such Potential Winner is considered a minor in their state of residence) will be required as a condition of receiving a Grand Prize (as such term is defined below) to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (collectively, the “Affidavit/Release”) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form. Potential Winner (or their Parent is such Potential Winner is considered a minor in their state of residence) must return required documentation to Administrator within three (3) business days from the date Administrator sends such documents to the Potential Winner or be subject to disqualification, and must be able, if requested, to otherwise provide proof that the Potential Winner is eligible to be deemed an Official Winner to Sponsor and/or Administrator’s satisfaction. If the documents are not returned within that timeframe, or Potential Winner or Official Winner is found to be ineligible, or Potential Winner is unavailable to take delivery of the Grand Prize, or Potential Winner does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected, if time permits. A prize notification being returned as undeliverable will result in disqualification of such entry. The Official Winners may be collectively referenced herein as the “Winners”.
6. GRAND PRIZES (5): Five (5) grand prizes (each a “Grand Prize”, collectively, the “Grand Prizes”) are available to be awarded in this Sweepstakes. Each Grand Prize shall consist of a prize pack which includes one (1) of each of the following prize components: (i) one (1) Amazon.com Gift Card, approximate retail value (“ARV”) $100.00 (subject to the terms and restrictions of the issuer); (ii) one (1) copy of “Bubble Guppies: Animals Everywhere” DVD (ARV: $16.99); (iii) one (1) copy of “Dora the Explorer: Dora in Wonderland” DVD (ARV: $16.99); (iv) one (1) copy of “Max & Ruby: Everybunny Loves Spring” DVD (ARV: $14.99); and, (v) one (1) copy of “Peter Rabbit: Spring Into Adventure” DVD (ARV: $14.99); Total ARV of each Grand Prize: $163.96; total ARV for all Grand Prizes: $819.80.
7. GENERAL PRIZE CONDITIONS/RESTRICTIONS: Any and all applicable federal, state, and local taxes (including but not limited to income taxes) and all fees and expenses related to delivery, acceptance, and use of the Grand Prizes not specifically identified in these Official Rules are solely the responsibility of the Winners. Sweepstakes Entities are not responsible for any mechanical difficulties or failure connected with the Grand Prizes, or any act or omission whatsoever. No transfer, substitution, or cash equivalent for the Grand Prizes are allowed except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute for any Grand Prizes or Grand Prizes component a prize of equal or greater value if a Grand Prize or Grand Prizes component cannot be awarded as described for any reason. The Grand Prizes are non-transferable and may not be given, bartered, substituted, sold, or exchanged for cash or another prize. Unused components of the Grand Prizes have no redeemable cash value. Sponsor will not replace any lost or stolen Grand Prizes or components of any Grand Prizes. Any difference between the ARV and the actual value, if any, of any component of the Grand Prizes will not be awarded. In the event that a Potential Winner chooses not to accept his/her Grand Prize, or is unable to be notified, an alternate Potential Winner will be randomly selected from all of the remaining eligible entries submitted during the Sweepstakes Period.
8. ENERAL CONDITIONS: By submitting an entry, each Participant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes which decisions are final and binding in all respects, (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules, and, (iii) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor and Administrator in their sole discretion. Any materials containing obscenity, crude language, or descriptions of a violent or sexual nature (as defined solely by Sponsor or Administrator) will not be accepted and the associated entry will be disqualified. All federal, state or other tax liabilities (including income taxes) arising from the Grand Prizes contained in this Sweepstakes will be solely the responsibility of the Winners. Receipt of any of the Grand Prizes components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification.
If for any reason the Sweepstakes is not capable of running as planned, including by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sweepstake Entities that corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes, or any part of it, at its sole discretion. In the event that the operation, security, or administration of the Sweepstakes is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the Grand Prizes from among the eligible entries received up to the time of the impairment in a manner that is fair and equitable as determined by Sponsor.
Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor's sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor.
In the event a Potential Winner or Official Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any Grand Prizes will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner, if time permits. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, the web site, and/or the legitimate operation of the Sweepstakes; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Any attempt by any person to damage any website associated with or undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserve the right to seek prosecute or seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. LIMITATIONS OF LIABILITY/RELEASES: By submitting an entry, each Participant (whether declared an Official Winner or not) agrees (and agrees to affirm such in writing) to forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities, and each of their respective officers, directors, licensors, employees, representatives, contractors, and agents (the “Released Parties”) from any liability, claims, demands, and causes of action from personal injury, loss or damage of any kind, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, from participation in this Sweepstakes or the use, misuse or acceptance or possession of the Grand Prize or any portion thereof, or participation in any Sweepstakes-related activity, access to and use of each website associated with this Sweepstakes and/or downloading from such site, or any claims based on publicity rights, defamation or invasion of privacy, or merchandise delivery. By participating in this Sweepstakes, Participants agree that the Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from (i) any typographical or other error in the publication or printing of the Official Rules, and/or the offering or announcement of any prize, (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries, (iii) any error in the collection or retention of entry information, including, but not limited to, incorrect or inaccurate transcription, receipt or transmission of any part of the entry due to human error, (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Sweepstakes Entities, or any of their agents or employees, (v) the Sweepstakes and any elements thereof, and the participation or inability to participate in any Sweepstakes-related activity or participation in this Sweepstakes, including, but not limited to, any damage to Participant’s (or any third person’s) telephone system and/or its contents related to or resulting from any part of the Sweepstakes, (vi) any malfunction of the telephone system, whether technical or due to human error in nature, lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems of any telephone network (TSP), computer online systems (ISP), servers or providers, computer equipment, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to Participants’ or to any other person’s telephone system related to or resulting from participating, (vii) acceptance, receipt, possession, attendance at, travel related to, defects in, misuse, inability to use, or use of any component of the Grand Prizes including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed Grand Prizes (or any element thereof); (viii) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Sweepstakes Entities’ control, including, but not limited to, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including but not limited to overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond any of the Sweepstakes Entities’ sole and reasonable control, or as otherwise permitted in these Official Rules; (ix) unauthorized human intervention in any part of the entry process or the Sweepstakes; or (x) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries. No more than the stated number of Grand Prizes will be awarded. In event that production, technical, seeding, programming or any other reasons cause more than stated number of Grand Prizes as set forth in these Official Rules to be available and/or claimed. Sponsor reserves the right to award only the stated number of Grand Prizes at random from all legitimate, un-awarded, eligible entries.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH ANY APPLICABLE THE SWEEPSTAKES SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS.
10. PUBLICITY: EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, ASSIGNS, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS AND THOSE OTHER ENTITIES ACTING PURSUANT TO SPONSOR’S AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, EACH WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION. ENTRANTS AGREE THAT SPONSOR SHALL OWN THE ENTRIES, WHICH WILL NOT BE ACKNOWLEDGED OR RETURNED, AND THAT SPONSOR AND ITS DESIGNEES SHALL HAVE THE PERPETUAL, WORLDWIDE RIGHT TO EDIT, PUBLISH, AND USE THE ENTRIES IN ANY WAY AND IN ANY MEDIA FOR TRADE, ADVERTISING, PROMOTIONAL, AND/OR OTHER PURPOSES AS SPONSOR AND/OR ITS DESIGNEES MAY DETERMINE WITHOUT FURTHER CONSIDERATION TO ENTRANTS OR ANY THIRD PARTY.
11. GOVERNING LAW/JURISDICTION: The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) and the United States of America applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. Except where prohibited, as a condition of participating in this Sweepstakes, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Grand Prizes awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys' fees and/or experts' fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Participant further waives all rights to have damages multiplied or increased.
13. RULES/WINNERS LIST: To receive the name of the Winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: “Nick Jr. Spring Giveaways Sweepstakes”, c/o P.O. Box 10505, Rochester, NY 14610 for receipt by May 25, 2014. Please specify “Rules” or “Winner Info”. Vermont residents may omit return postage. You may also view the Official Rules by visiting the Sweepstakes Site during the Sweepstakes Period.