NO PURCHASE
NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF
WINNING. GRAND PRIZE WINNER (OR MINOR WINNER'S PARENT OR LEGAL GUARDIAN) WILL
BE REQUIRED TO EXECUTE A PRIZE-ACCEPTANCE AGREEMENT AS MORE FULLY DETAILED
BELOW. THE GRAND PRIZE WINNER AND HIS/HER TRAVEL COMPANIONS MUST TRAVEL FROM
ADMINISTERING AGENCY–SELECTED AIRPORT NEAR WINNER'S RESIDENCE TO THE
ADMINISTERING AGENCY–SELECTED DESTINATION CITY ON THE SPONSOR- AND/OR
ADMINISTERING AGENCY–SELECTED DATES OR GRAND PRIZE WILL BE FORFEITED. The "T-Mobile Presents The Secret Circle
Connections to Talk About Contest" (the "Promotion") begins on Thursday,
October 13, 2011, at 5:00:00 p.m. and ends on Friday, December 30, 2011, at 4:59:59 p.m. (the "Promotion Period"),
and is affiliated with The CW Network television series The Secret Circle (hereinafter referred to as the "Series"). All
Promotion times are Pacific time.
ELIGIBILITY:
The Promotion is open
to legal residents of any one (1) of the forty-eight (48) contiguous United States
and the District of Columbia (collectively, the "U.S.") who are eighteen (18)
years of age or older and physically domiciled in the
U.S. at the time of entry (hereinafter referred to
as a "Participant" or collectively as "Participants"). Employees, directors, officers, and representatives
of The CW Network, LLC (hereinafter referred to as the "Sponsor"), L.A.
Promotion Development, Inc. (hereinafter referred to as the "Administering
Agency"), T-Mobile USA, Inc. (hereinafter referred to as "T-Mobile"), Warner
Bros. Entertainment Inc., CBS Corporation, their respective parent and member
companies and subsidiaries, Series' production entities, affiliates,
distributors, divisions, broadcast affiliates, or advertising and promotion
agencies associated with the Promotion, or prize suppliers for the Promotion
(collectively, the "Promotion Parties") are not eligible to enter the Promotion
or win the offered prize. In addition, family members of (whether living in the
same household or not) and those living in the same household as (whether
related or not) any such employees, directors or officers are not eligible to
enter this Promotion or win the offered prize. For the purposes of the
Promotion, family members are defined as spouse, mother, father, in-laws, grandmother,
grandfather, brother, sister, children and grandchildren.
Void
outside the forty-eight (48) contiguous United States and the District of
Columbia, including, without limitation, Alaska and Hawaii, and where
prohibited. The Promotion is administered by the Administering Agency acting on
behalf of and under the authority of the Sponsor. By entering, each Participant
(or the Participant's parent or legal guardian [hereinafter "Parent"] if
Participant is under the age of majority
in his/her primary state of residence [hereinafter "UAOM"]) agrees to be
bound by these Official Rules and the decisions of the Sponsor and
Administering Agency, which are final and binding in all respects.
HOW TO ENTER:
Visit
http://www.CWtv.com/tmobile (hereinafter referred to as the "Website"). Each time you attempt to
enter the Promotion, follow the
on-screen instructions to reach the Promotion registration page. On the
registration page and in the spaces provided, provide the following information
and entry-related assets:
IMPORTANT: Non-winning Enchantment
Essays may be posted (in whole or in part) online and/or in other forms of
promotion-related media on a worldwide basis, in any manner and in all venues,
in perpetuity, without further compensation, review or approval, including,
without limitation, in and in connection with the Promotion, on Sponsor- or
T-Mobile-related websites and any of Sponsor's or T-Mobile's advertising and
promotion materials and/or broadcasts in any form (see "GRANT—HOW
THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS" for further
disclosures below).
A Participant may enter as
often as he/she wishes to, however, each Enchantment Essay submitted must
be significantly different in content, presentation and/or messaging (as solely
determined by the Sponsor and/or Administering Agency) from any other
Enchantment Essay entered by the same Participant. Each Enchantment Essay that
is entered into the Promotion must meet the following "Submission Requirements"
(any submission entry that, in Sponsor's sole and absolute discretion, violates
the following criteria will be disqualified). By submitting an entry,
Participant agrees that his/her Enchantment Essay submitted has not won any
previous awards or competitions and shall not contain, include or involve any
of the following:
·
Any third-party
materials that may otherwise violate or infringe (or do infringe) any of the
following:
o Commercial products and/or their copyright,
trademark, logo or mark describing/identifying a brand or other proprietary
right of any person, living or deceased (including but not limited to rights of
privacy or publicity or portrayal in a false light), or entity, or that is
otherwise objectionable; such will not be considered and may disqualify the
Participant.
o Participants may not copy or otherwise plagiarize the
Enchantment Essay from any source.
·
Any content that
has been previously released, in any medium, at any time.
·
Any other
content, materials and/or descriptive images that are or could be considered
inappropriate, unsuitable or offensive, as determined by the Sponsor and/or
Administering Agency at its sole discretion.
·
A topic other
than the topic as described in the "How to Enter" section of these Official
Rules, and Participant understands that if it contains such, the entry will be
disqualified.
·
Conduct or
activities in violation of these Official Contest Rules.
Enchantment
Essays must be in keeping with Sponsor's image and may not be offensive, as
determined by Sponsor at its sole discretion, nor can it defame or invade
publicity rights or privacy rights of any person, living or deceased, or
otherwise infringe upon any person's personal or proprietary rights. In such an
event, the Enchantment Essay will be disqualified from the Contest.
Sponsor
and/or Administering Agency have the sole discretion to determine whether an
Enchantment Essay qualifies as an entry. Any entry not in compliance with the
above and that does not meet the Sponsor-dictated requirements will be
disqualified.
Each Participant (or the
Participant's Parent if Participant is UAOM) agrees to indemnify, defend and
hold harmless the Promotion Parties for any breach or alleged breach of any of
the foregoing representations and warranties.
As
a condition of entry, each Participant (or the Participant's Parent if
Participant is UAOM) entering the Promotion must also follow the on-screen
instructions to indicate his/her understanding of and agreement to these
Official Rules and the Sponsor's Privacy Policy. Each Participant entering must also, in the space provided, type in
his/her full legal name as his/her signature. By clicking on the
final "Submit" button (in any message or graphic-related representation), each
Participant forwards his/her entry to the Promotion. If Participant is UAOM and
does not receive Parent's consent PRIOR to entering the Promotion, then Participant's
entry can be removed from participation at the request of Participant's Parent
by the Parent sending an e-mail to SweepConRep@lapromo.com. In the subject
field, type "Remove My Child from The Secret Circle Contest," and in the
message box, provide the e-mail address and full name of your child.
Entries
received before or after the Promotion Period will be void. The Sponsor will be
the official timekeeper for the Promotion.
Nonreadable,
nonviewable, garbled, lost, late, misdirected, illegitimate or incomplete
entries, or Participants that do not abide by these Official Rules, as
determined by the Sponsor or Administering Agency, at their sole discretion,
will be disqualified. All entries become property of the Sponsor and will not
be returned or acknowledged. Entries that are submitted by a third-party entity
on behalf of a Participant (or the Participant's Parent if Participant is
UAOM), including, but not limited to, a sweepstakes agent or agency, or entries
(as determined at the sole discretion of the Sponsor and/or Administering
Agency) that are forged, altered or are generated by a macro, bot or other
automated means will not be accepted and will be void. Submission of false or
misleading information by a Participant (or the Participant's Parent if
Participant is UAOM) will be grounds for disqualification of entry. All entries
must be received by the Sponsor or Administering Agency during the applicable
entry period as set forth above. For purposes of this Promotion, an entry is
"received" when the Sponsor's website servers record the entry information upon
Participant clicking the final "Submit" button (in any message or
graphic-related representation). Proof of submission of an entry (such as an
automated computer receipt confirming entry or "thanks for entering" message)
does not constitute proof of actual receipt of an entry by the Sponsor or
Administering Agent. All entries must be submitted legitimately.
In
the event of a dispute regarding the identity of a Participant, the entry will
be deemed submitted by the authorized account holder of the e-mail address
either provided in the Contest Registration or from which the entry was sent,
as applicable, but only if that person meets all other eligibility criteria and
complies with these Official Rules. An authorized account holder is defined as
the natural person who is assigned to an e-mail address by an Internet access
provider, online service provider, or other organization that is responsible
for assigning e-mail addresses for the domain name associated with the
submitted e-mail address. Potential Grand Prize winner may be requested to
provide Sponsor with proof that he/she is the authorized account holder of the
e-mail address associated with the potentially winning entry. If a dispute cannot
be resolved to Sponsor's satisfaction, the entry will be deemed ineligible.
To
review the Sponsor's Privacy Policy, go to http://cwtv.com/thecw/privacy-policy.
In addition to the "Grant" section below, a Participant's personal information
will be utilized by the Sponsor and/or Administering Agency for selecting the
Grand Prize winner, for the fulfillment of the Grand Prize, to publish winner
disclosures in any format, to comply with any legal requirements, and as
otherwise disclosed on the Website and/or registration form.
WINNER SELECTION/JUDGING CRITERIA:
Between
(on, or about) Monday, January 2, 2012, and Monday, January 9, 2012, the
Sponsor and/or its designated representative(s) ("Judges") will rank each entry
received based on a scale of one (1) to ten (10) [ten (10) being the best] for
each of the following categories: 1) Style,
i.e., submitted Enchanted Essay's overall theatrical performance and appeal; 2)
Messaging Communication, i.e., how
(well) a Participant communicates the enthusiasm of The Secret Circle fan experience specific to the Enchanted Essay's
theme and content; and 3) Visual
Appearance/Marketability, i.e., would the Participant's Enchanted Essay
(performance) appeal to The Secret Circle
television series' audience. (estimation of success based solely on the
Sponsor's discretion).
In
event of a tie, the tie will be broken by selecting the tied Participant with
the highest score in the Style category. If a tie still remains, the tie will
be broken by selecting the tied Participant with the highest score in the
Visual Appearance/Marketability category and then, if necessary, in the
Messaging Communication category.
Decisions
of Judges/Sponsor are final and binding in all respects and are nonappealable.
If the selected potential Grand Prize winner is found ineligible or fails to
comply with the terms and conditions of the Official Rules, that person's
appointment as the potential Grand Prize winner may be forfeited and an
alternate winner may be selected based on the next highest score.
PRIZE:
One (1) Grand Prize will be awarded: Grand Prize winner will receive a three (3)-day/two
(2)-night trip for the Grand Prize winner and five (5) travel companions to the
Vancouver, Canada, area to attend a private VIP tour of The Secret Circle series set and production facilities (the
"Event"). Travel dates are tentatively scheduled to take place sometime between
February 29, 2012, and April 1, 2012. Determination of Event element-specific
experience is at the sole discretion of the Sponsor and/or the Administering
Agency. Grand Prize winner and five (5) travel companions must travel on the
same itinerary on the actual fulfillment dates designated by Sponsor and/or
Administering Agency. If the Grand Prize winner cannot travel during the
specified travel dates, then he/she forfeits the entire Grand Prize and an
alternate winner may be selected based on the next highest score. If the Grand
Prize winner or a travel companion is UAOM, a parent or legal guardian
(hereinafter "Parent") of that individual must accompany him/her on the trip as
one of the travel companions. A legal guardian must provide written proof of
guardianship. Grand Prize winner (or if Grand Prize winner is UAOM, his/her
parent) will also be required to provide a valid Social Security number for tax
purposes.
Grand Prize trip will include only the
following:
· Round-trip economy air transportation for Grand Prize
winner and five (5) travel companions from a gateway airport near Grand Prize
winner's residence (final determination of the departure airport, air carrier
used and flight times is at the sole discretion of the Administering Agency) to
the actual destination city airport (final determination of the destination
city and airport is at the sole discretion of the Administering Agency). If the
Grand Prize winner lives within a one-hundred-and-forty-five (145)-mile radius
of the Event, he/she may not be eligible for air transportation; in that event,
and at the Administering Agency's sole discretion, ground transportation or a
transportation allowance may be provided in lieu of air travel, and the
difference in value, if any, between the air travel and ground transportation
or transportation allowance will not be awarded.
· Round-trip ground transportation between airport and
hotel upon arrival and departure (airport–hotel; hotel–airport).
Mode of transportation to be determined ("TBD") by the Administering Agency. If
the Grand Prize winner is not eligible for air transportation, round-trip
destination ground transportation is not necessary and will not be awarded.
· Two (2) nights' hotel accommodations of Administering
Agency's choice (three [3] rooms, each double occupancy, room rates and room
taxes only).
· VIP tour of the Series set and production facilities.
· All destination Event-related ground transportation.
· Two hundred fifty dollars (US$250.00) spending money
(for Grand Prize winner only). Method of funding of spending money is at the
sole discretion of the Administering Agency.
Any additional destination amenities or elements
awarded, other than those specifically disclosed in these Official Rules, will
be awarded at the sole discretion of the Sponsor.
ARV
of the Grand Prize: $12,500.00. Actual ARV may vary depending on the Grand
Prize winner's city of origin and actual destination city, market conditions,
changes in value of components (e.g., air transportation and hotel rates) and
other reasons. Promotion Parties are not responsible for and the Grand Prize
winner will not receive the difference between the actual value of the prize at
the time of award and the stated ARV in these Official Rules.
Stated
ARV is as of the date of printing of these Official Rules.
Failure
to comply with these requirements may result in Grand Prize forfeiture and
selection of an alternate potential winner.
All
of the expenses not specified as being provided as part of the Grand Prize are
the sole responsibility of the Grand Prize winner.
The
Event may be cancelled at any time for any reason and the Promotion Parties are
not responsible for cancellation of the Event. If Event is cancelled or becomes
otherwise unavailable at any time, Grand Prize may become a trip to the actual
destination city, hotel accommodations, round-rip airport/hotel ground
transportation, two hundred fifty dollars ($250.00) [as previously disclosed],
and The Secret Circle season one DVD
box set (shipped when available).
Grand
Prize does not include transportation to and from the Grand Prize winner's
departure airport, meals, beverages, taxes other than the room tax, gratuities,
incidentals, in-room charges, telephone calls and/or any other expenses not
specified in these Official Rules. All of the expenses mentioned in the
previous sentence are the sole responsibility of the Grand Prize winner and
his/her travel companions. Promotion Parties are not liable for any expenses
incurred as a consequence of any governmental agency–related and/or
flight cancellation/delay. Travel is subject to airline and accommodation
restrictions, blackout dates and availability. Any other prize details not
specified herein is at the sole discretion of the Sponsor and/or Administering
Agency. The Grand Prize winner (or, if Grand Prize winner is UAOM, his/her
Parent) may be required to provide a credit card at the time of accommodations
check-in. Certain documentation will be required for travel, such as a
passport, other photo identification, all of which is the sole responsibility
of the Grand Prize winner and his/her travel companions. No credit or cash will
be given for any unused portion of the Grand Prize. No trip extensions or
changes will be made unless the Sponsor and/or Administering Agency so impose.
Failure to complete any or all of the Grand Prize trip does not relieve the
Grand Prize winner (or, if Grand Prize winner is UAOM, his/her Parent) of
his/her tax obligations associated with winning the Grand Prize.
The
Grand Prize winner and his/her travel companions must abide by, and are subject
to, any and all minimum/maximum height, weight and health-related or
safety-related requirements or restrictions that may affect accessibility to
and/or use of the prize.
No
more than the prize stated will be awarded. The Grand Prize, if unclaimed, may
not be awarded (at Sponsor's and Administering Agency's sole discretion).
The
Grand Prize winner and his/her travel companions are responsible for obtaining
any necessary/required travel documents including, but not limited to,
passports, and/or insurance (including, but not limited to, any travel and
health insurance).
By
entering this Promotion and accepting the Grand Prize, the Grand Prize winner
(and, if Grand Prize winner is UAOM, his/her Parent) agrees to maintain his/her
behavior in accordance with all applicable laws and generally accepted social
practices in connection with participation in any Promotion- or prize-related
activity. By entering this Promotion and accepting the Grand Prize, the Grand
Prize winner (and, if Grand Prize winner is UAOM, his/her Parent) and his/her
travel companions agree that Sponsor, its designated representatives and/or the
Administering Agency reserve the right at their sole discretion to disqualify
and remove the Grand Prize winner and/or travel companions from any activity at
any time if Grand Prize winner's and/or travel companions' behavior at any
point is uncooperative, disruptive, or may or does cause damage to person,
property or the reputation of any of the Promotion Parties or otherwise
violates the policies of the prize providers. The Grand Prize winner (and, if
Grand Prize winner is UAOM, his/her Parent) agrees that each of his/her travel
companions must comply with Promotion Parties' and each prize provider's
procedures and policies and must sign and return a release of liability and,
where legal, a publicity release to Administering Agency in the time frame specified
by Administering Agency or travel will not be allowed. Once selected by the
Grand Prize winner, travel companions cannot be changed without the express
consent of Administering Agency, which may be withheld for any reason.
GRAND PRIZE WINNER NOTIFICATION
PROCESS:
On or about Monday, January 16, 2012, the
Administering Agency's designated representative will attempt to notify the
potential Grand Prize winner (or, if potential Grand Prize winner is UAOM,
his/her Parent) by telephone and/or e-mail that he/she may be the Grand Prize
winner in this Promotion, using the contact information provided in his/her
entry. If the potential Grand Prize winner (or, if potential Grand Prize winner
is UAOM, his/her Parent) cannot be reached after a reasonable effort (as
determined solely by the Administering Agency) has been made or if the
potential Grand Prize winner does not respond according to instructions
provided by the Administering Agency's representative, if any, such person may
be disqualified and an alternate winner may be selected based on the next
highest score.
Once
Administering Agency has received verbal or e-mail confirmation (as determined
at the Administering Agency's sole discretion) from the potential Grand Prize
winner (or, if potential Grand Prize winner is UAOM, his/her Parent) of his or
her desire to accept the Grand Prize (subject to verification of eligibility),
potential Grand Prize winner will be sent a Grand Prize Winner Affidavit of
Eligibility/Release of Liability (that will include, but is not limited to, the
Series Producer's standard
confidentiality/non-disclosure/set visit agreement), applicable tax forms and Travel Companion Release of
Liability Affidavit (collectively, the "Winner Documents"), via e-mail, mail or
other courier service. Grand Prize winner must complete the Winner Documents,
or if the Grand Prize winner is UAOM, then the Parent of that individual must
complete the Winner Documents for him/her and must complete any applicable
Parent section. Each travel companion must be the age of majority in his/her
state of primary residence at time of signing his/her respective affidavit and
must fully-complete the Affidavit and any other Administering
Agency–provided documentation.
The
Winner Documents must be completed, notarized and returned without alteration
to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA
93023) within fourteen (14) calendar days of the date the Administering Agency
sent the Winner Documents. If all Winner Documents are not returned to the
Administering Agency within the specified time, and at Sponsor's sole
discretion, a disqualification may result and an alternate winner may be
selected based on the next highest score.
ADDITIONAL PRIZE INFORMATION/TAXES:
The
Grand Prize is not transferable or assignable and may not be substituted or
redeemed for cash, except at the Sponsor's sole discretion. Promotion Parties
reserve the right to substitute the stated prize or portion thereof for another
prize or portion thereof of equal or greater value for any reason, including,
without limitation, prize and/or prize element unavailability. If the Grand
Prize winner does not accept or use the entire prize, the unaccepted or unused
part of the prize will be forfeited and Promotion Parties will have no further
obligation with respect to that prize or portion of the prize. The Grand Prize
winner (or his/her Parent if Participant is UAOM) is solely responsible for any
and all federal, state, local and any other taxes related to the prize, and, as
applicable or as required by law, will be issued an IRS form 1099 based on the
actual prize value. By entering, each Participant (and his/her Parent if
Participant is UAOM) agrees that if selected as the potential Grand Prize
winner, Sponsor and/or Administering Agency, may, at their option, conduct a
background check on Participant (and/or the Participant's Parent, if
Participant is UAOM). If necessary or requested, the Grand Prize winner (and/or
the Grand Prize winner's Parent, if prizewinner is UAOM) agrees to sign waiver
forms authorizing the release of personal and background information.
GRANT—HOW
THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS, AS DISCLOSED BELOW:
Except
where prohibited by law, by entering this Promotion, each Participant (and the
Participant's Parent on behalf of the Participant, if Participant is UAOM)
grants the Promotion Parties the perpetual and irrevocable right and license to
use his/her name, voice, photograph, visual and audio likeness, statements,
biographical information, address and any information or material contained in
his/her entry (collectively, "Personae-Related Materials") on a worldwide
basis, in any manner and in all venues and forms of media, in perpetuity,
without further compensation, review or approval, including, without
limitation, in and in connection with this Promotion, on Sponsor-designated
websites and any of Sponsor's advertising and promotion materials and/or
broadcasts in any form. In addition, by entering, each Participant (and the Participant's
Parent, if Participant is UAOM), except where prohibited by law, consents to
being photographed, filmed, taped and/or interviewed about this Promotion,
without additional compensation, review or approval. In connection therewith,
each Participant (and the Participant's Parent, if Participant is UAOM) grants
full permission and consent to the Promotion Parties to utilize any of the
results of such photographing, filming, taping and/or interviewing in any
manner and in any and all media now known or hereafter devised and hereby
releases the Promotion Parties from all liability related thereto.
Sponsor
may require an additional separate written agreement with the Grand Prize
winner (and his/her Parent, if Grand Prize winner is UAOM) at Sponsor's sole
discretion.
Participant
(and the Participant's Parent, if Participant is UAOM) agrees that the
Promotion Parties are not obligated to manufacture, broadcast or otherwise use
or exploit any Personae-Related Materials or any part thereof. By submitting an
approved entry, each Participant (and the Participant's Parent, if Participant
is UAOM) agrees to execute any documents or take any further action required by
the Promotion Parties to effectuate the intention of the grants in these
Official Rules and any other agreements made by each Participant (and the
Participant's Parent, if Participant is UAOM).
REPRESENTATIONS, WARRANTIES,
DISCLAIMERS, RELEASES & INDEMNITY:
EXCEPT AS MAY BE PROVIDED BY THE PRIZE PROVIDERS, The
Promotion Parties make no warranties, REPRESENTATIONS oR GUARANTEES, express or
implied, in fact or in law, WHETHER NOW KNOWN OR HEREINAFTER ENACTED, relative
to the use or enjoyment of THE GRAND prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS
PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND
THE PROMOTION PARITES HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT
LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND/OR NONINFRINGEMENT.
By entering, each Participant (OR the PARTICIPANT'S
PARENT IF PARTICIPANT IS UAOM) and each of their agents, assignees, executors
and successors agree to indemnify, defend, hold harmless and fully release and
forever discharge EACH OF the Promotion Parties from and against any and all
liabilities, costs, claims, alleged claims, demands, duties, rights,
agreements, promises, damages, injuries, losses, expenses, liens and debt
actions of any kind, including, without limitation, attorneys' fees, whether
now known or unknown, unforeseen or foreseen, arising out of or in any way
connected with, directly or indirectly, participation in the Promotion,
including, WITHOUT LIMITATION, personal injury or death, loss of enjoyment, or
other harm or loss of any nature whatsoever caused or contributed to by or
arising out of participation and/or entry in THIS Promotion, or resulting from
acceptance, possession, quality, use or misuse of THE GRAND prize, or any
portion thereof, OR PREPARATION FOR OR TRavel to or from any prize- or promotion-related
activity. IF ANY OF THESE OFFICIAL RULES ARE DETERMINED TO BE INVALID OR
UNENFORCEABLE, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE
CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE
PROVISION WERE NOT CONTAINED HEREIN. THE PROMOTION PARTIES ARE NOT RESPONSIBLE
FOR ANY ADDITIONAL EXPENSES, OMISSIONS OR DELAYS RESULTING FROM ANY ACTS OF ANY
GOVERNMENT OR AUTHORITY. the GRAND PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS
SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER TRAVEL
COMPANIONS RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT
LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE TRAVEL
COMPANIONS' USE OF THE GRAND PRIZE.
EACH PARTICIPANT (OR THE PARTICIPANT'S PARENT IF PARTICIPANT IS UAOM) acknowledgeS that there is a possibility that
subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE OFFICIAL RULES, A
PARTICIPANT (OR THE PARTICIPANT'S PARENT IF PARTICIPANT IS UAOM) will discover facts or incur or suffer claims
which were unknown or unsuspected at the time A PARTICIPANT (OR THE
PARTICIPANT'S PARENT IF PARTICIPANT IS UAOM) AGREED
TO thESE OFFICIAL RULES, and which if known at that time may have materially
affected A PARTICIPANT'S (OR THE PARTICIPANT'S PARENT'S IF PARTICIPANT
IS UAOM) decision to AGREE TO THESE
OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH PARTICIPANT (OR THE
PARTICIPANT'S PARENT IF PARTICIPANT IS UAOM) acknowledgeS
and agreeS that by reason of thESE OFFICIAL RULES, and the releaseS contained in
the preceding paragraphs, EACH PARTICIPANT (OR THE PARTICIPANT'S PARENT
IF PARTICIPANT IS UAOM) assumES any risk
of such unknown facts and such unknown and unsuspected claims.
Each
Participant (or the Participant's Parent if Participant is UAOM) understands
and agrees that all rights under Section 1542 of the California Civil Code and
similar law of any city, state or territory of the United States are hereby
expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES.
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR
SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE,
WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER
SETTLEMENT WITH THE DEBTOR.
GENERAL:
Each
Participant (or the Participant's Parent if Participant is UAOM) agrees that
the Promotion Parties are not responsible for any errors, typographical errors
or misprints in these Official Rules or any materials, including, but not limited
to, the advertising, promotion or offer of the Promotion. If the Promotion or,
as applicable, the fulfillment of the Grand Prize or of a prize element becomes
compromised, hampered, interrupted, not capable of running or being fulfilled
as planned, rendered impossible of performance in any way or prevented,
including, without limitation, because of any kind of human error, computer
viruses, bugs, electronic, hardware, software, Internet, network, technical or
telephone or wireless communication failures, tampering, unauthorized
intervention, fraud, an event of force
majeure or any other cause created by the Promotion Parties, the user or by
any of the equipment or programming associated with or utilized in the
Promotion, the Sponsor reserves the right, at its sole discretion, to change
the Official Rules, to cancel, modify, suspend or withdraw the Promotion or any
Promotion offer and/or cancel, modify, suspend or withdraw any method of entry,
without notice, and select the Grand Prize winner from among all eligible
entries received for the Promotion prior to or after the cancellation,
modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to
include, without limitation, an act of God; an act of terrorism, war, riot or
civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage
(including a strike by the members of any union); an act of any federal, state
or local authority; or any other similar or dissimilar act beyond the Sponsor's
or Administering Agency's control.
The
Promotion Parties are not responsible and/or liable for any of the following,
whether caused by the Promotion Parties, the Participant or by human or other
error: any lost, late, incomplete, illegible, mutilated or misdirected entries,
e-mail or mail or postage-due mail or courier-related delivery; any error,
omission, interruption, defect or delay in transmission or communication,
including, but not limited to, lost or unavailable wireless connection or
texting-related failure; viruses or technical or mechanical malfunctions;
interrupted or unavailable cable or satellite systems; failures of electronic
equipment, computer hardware or software; lost or unavailable network
connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed
electronic communications or entry information.
Each
Participant (or the Participant's Parent if Participant is UAOM), as a
condition of entry, agrees that he/she has not purchased any kind of Internet
service or wireless communication service whatsoever in order to participate in
and/or enter the Promotion. Each Participant (or the Participant's Parent if
Participant is UAOM) agrees not to knowingly damage or cause interruption of
the Promotion and/or prevent others from utilizing the Promotion. Any person
who supplies false information, submits entries by fraudulent means or is
otherwise determined to be in violation of these Official Rules in an attempt
to obtain the Grand Prize will forfeit the prize won and may be prosecuted to
the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR
WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES
CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR
ADMINISTERING AGENCY MAY, AT ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY
PARTICIPANT (AND/OR THE PARTICIPANT'S PARENT IF PARTICIPANT IS UAOM) MAKING
SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE
FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
A
Promotion Party's failure to enforce any provision in these Official Rules will
not constitute a waiver of that or any other provision. Promotion Parties are
not responsible for electronic communications that are undeliverable as a
result of any form of active or passive filtering of any kind, or insufficient
space in entrant's e-mail account to receive e-mail messages. Promotion Parties
are not responsible, and may disqualify an entrant, if his or her e-mail
address, telephone number or other contact information does not work or is
changed without entrant giving prior written notice to Sponsor. All legal
responsibilities and rights of a UAOM entrant under these Official Rules are
assumed and given by the UAOM entrant's Parent. In the event there is an
alleged or actual ambiguity, discrepancy or inconsistency between disclosures
or other statements contained in any Promotion-related materials and/or these
Official Rules (including any alleged discrepancy or inconsistency in these
Official Rules), it will be resolved at Sponsor's sole discretion. If Sponsor
determines at any time at its sole discretion that the winner or potential
winner is disqualified, ineligible or in violation of these Official Rules,
Sponsor reserves the right at its sole discretion to select an alternate
winner, even if the disqualified potential winner's name may have been shown or
announced on the Website or elsewhere.
Each
Participant agrees that all issues, disputes and questions concerning the
construction, validity, interpretation and enforceability of these Official
Rules, or the rights and obligations of any Participant or the Promotion
Parties in connection with the Promotion, shall be governed by and construed in
accordance with the laws of the state of California, without giving effect to
any choice of law or conflict of law rules or provisions that would cause the
application of the laws of any jurisdiction other than the state of California.
If any controversy or claim arising out of or relating to the Promotion, the
Official Rules, or the breach of any term hereof cannot be otherwise resolved,
it must be submitted exclusively to binding arbitration conducted in the county
of Los Angeles, and administered by Judicial Arbitration and Mediation Services
("JAMS") in accordance with its Streamlined Arbitration Rules and Procedures or
subsequent versions thereof (the "JAMS Rules"). The JAMS Rules for selection of
an arbitrator shall be followed, except that the arbitrator shall be an
experienced arbitrator licensed to practice law in California. The decision of
the arbitrator shall be binding, final and conclusive and shall not be
appealable to any court. The remedy for any claim shall be limited to actual
out-of-pocket expenses (if any), not to exceed two hundred and fifty dollars
($250), and in no event shall any party be entitled to recover punitive,
exemplary, consequential or incidental damages, including attorneys' fees or
other such related costs of bringing a claim, or to rescind this agreement or
seek injunctive or any other equitable relief, and Participant (or the
Participant's Parent if Participant is UAOM) further waives all rights to have
damages multiplied or increased. Notwithstanding the above, each Participant
agrees that any disputes, claims and causes of action arising out of or
connected with this Promotion or the prize awarded or the determination of the
Grand Prize winner shall be resolved individually, without resort to any form
of class action.
OFFICIAL RULES AND WINNER LIST:
To
view and download a copy of the Official Rules during the Promotion Period and
for a two (2)-month period after the Promotion Period or to view and download a
copy of the winner list for a three (3)-month period after the selection and
posting of the winner by the Administering Agency, visit http://www.rulesandwinners.com.
In the field provided, enter the code word SecretCircle.
Alternatively, to obtain a printed copy of the winner list for a three
(3)-month period after the selection and posting of the winner by the
Administering Agency, send a SASE to Secret Circle Winner, 302 Fairview Road,
Suite P, Ojai, CA 93023.
Sponsor: The CW Network, LLC
4000 Warner Blvd.
Burbank, California 91505
Administering
Agency: L.A. Promotion Development, Inc., 302 Fairview Road, Suite P, Ojai, CA
93023.
©
2011 The CW Network, LLC. All rights reserved. These Official Rules and all
derivative forms in any configuration © 2011 L.A. Promotion Development, Inc.
All rights reserved.