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.
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:
- Your first name, last name, street address (no PO boxes allowed), city, state, zip code, daytime telephone number, e-mail address and date of birth.
- Using your own video recording device, operated solely by you, record a video and audio segment (hereinafter referred to as an "Enchantment Essay"), not to exceed two (2) minutes in length, explaining why you should be a member of The Secret Circle and why you love the show!
- You must convert the Enchantment Essay video file to one of the following formats in a file size not to exceed 50 megabytes (MB):
- Utilizing the video file upload mechanism provided on the Registration page, follow the onscreen instructions to upload your Enchantment Essay to the Sponsor's server.
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:
- No other person than you (the individual entrant) may appear in an Enchantment Essay you submit. If another person, other than you, does appear, that specific submission will be disqualified.
- Music (of any kind). If music is included, that specific submission will be disqualified.
- Any form of The Secret Circle or The Secret Circle–related logo, visual and/or audio imagery. If any of the above-mentioned mediums appear, that specific submission will be disqualified.
- Obscene, profane, lewd or defamatory content, data or editorial and/or visual imagery.
- Crude, vulgar or offensive language, symbols and/or imagery.
- Gratuitous violence or language and/or visual imagery involving guns or other weapons.
- Explicit, descriptive content of nudity and/or sexual activity of any kind.
- Descriptive language or visual imagery of hard liquor use.
- Language referencing to or visual imagery of illegal drug or alcohol use or abuse.
- Descriptive language or visual imagery disclosing phone numbers or personal addresses (physical, e-mail or otherwise).
- Website or web-page links.
- Derogatory written and/or visual imagery characterizations of any ethnic, racial, sexual or religious groups; humiliation of other people (publicly or otherwise); literary depiction of assault or threatening of others.
- Language and/or visual imagery depiction of illegal (discriminatory, harassing) or inappropriate activity, behavior or conduct (i.e., inflicting emotional distress).
· 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.
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.
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.
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  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.
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.