NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. EACH 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. EACH GRAND PRIZE WINNER AND HIS/HER RESPECTIVE TRAVEL COMPANION MUST TRAVEL FROM ADMINISTERING AGENCY�SELECTED AIRPORT NEAR WINNER�S RESIDENCE ON THE SPONSOR- AND/OR ADMINISTERING AGENCY�SELECTED DATES OR GRAND PRIZE WILL BE FORFEITED. The �One Tree Hill Spring Break Sweepstakes� (the �Promotion�) begins on Monday, January 25, 2010, at 5:00:00 p.m. and ends on Wednesday, February 17, 2010, at 4:59:59 p.m. (the �Master Promotion Period�) and is affiliated with The CW Network television series One Tree Hill (hereinafter referred to as the �Series�). The Master Promotion Period consists of four (4) weekly entry periods, as more fully described below. 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. Employees, directors, officers, members and managers of The CW Network, LLC (hereinafter referred to as the �Sponsor�), L.A. Promotion Development, Inc. (hereinafter referred to as the �Administering Agency�), Warner Bros. Entertainment Inc., CBS Corporation, their respective parent 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 any prizes. 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 any prizes. 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. 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:

 

A. HOW TO ENTER A WEEKLY DRAWING: Within the Master Promotion Period, there will be four (4) entry periods, each for a different weekly drawing (hereinafter �Weekly Promotion Pod�).

 

Weekly Promotion Pod #1:

Runs 5:00:00 p.m. on Monday, January 25, 2010, through 4:59:59 p.m. on Wednesday, January 27, 2010

 

Weekly Promotion Pod #2:

Runs 5:00:00 p.m. on Monday, February 1, 2010, through 4:59:59 p.m. on Wednesday, February 3, 2010

 

Weekly Promotion Pod #3:

Runs 5:00:00 p.m. on Monday, February 8, 2010, through 4:59:59 p.m. on Wednesday, February 10, 2010

 

Weekly Promotion Pod #4:

Runs 5:00:00 p.m. on Monday, February 15, 2010, through 4:59:59 p.m. on Wednesday, February 17, 2010

 

NOTICE: You may only enter each respective Weekly Promotion Pod during the dates and times disclosed above.

 

During each Weekly Promotion Pod, you may enter one (1) time only, regardless of method of entry. Entries do not roll over from one (1) Weekly Promotion Pod to the next.

 

There are two (2) ways to enter a Weekly Promotion Pod Drawing:

 

(1) To enter by playing the game: Visit http://www.CWtv.com/OTH (hereinafter referred to as the �Web Site�). Each time you attempt to enter the Promotion, follow the on-screen instructions to complete the Promotion registration form, providing your first and last name, complete home address (including street address, city, state and zip code [no P.O. Boxes]), your gender, your daytime telephone number (including area code), your e-mail address, date of birth, and your acknowledgment of your agreement to these Official Rules (collectively your �Sweepstakes Registration�). As a condition of entry, each participant (and the participant�s Parent if participant is UAOM) must indicate his/her agreement to these Official Rules. Then, to obtain an entry into a Weekly Promotion Pod, click the �Play Now� link and follow the on-screen instructions to answer the Series-episode-specific question specific to that Weekly Promotion Pod. A correct answer is not required to be eligible to be entered into any Weekly Promotion Pod.

 

Previous Weekly Promotion Pod Series-episode-specific questions specific to each respective Weekly Promotion Pod will NOT be available on the Web Site for play during the entire Master Promotion Period. Entry for a Weekly Promotion Pod by playing the game may only be obtained during the applicable Weekly Promotion Pod entry period as set forth above.

����� (2) To enter without online Sweepstakes Registration and Weekly Promotion Pod play: On the Web Site, click on the �Enter by E-Mail� link to visit http://www.enterbyemail.com/oth and provide the following information: your first and last name, complete home address (including street address, city, state and zip code [no P.O. Boxes]), your gender, your daytime telephone number (including area code), your e-mail address and date of birth. By sending an entry via e-mail, you acknowledge your agreement to these Official Rules. E-mail entries will be placed into the Weekly Promotion Pod drawings for the applicable Weekly Promotion Pod entry period during which they are actually received by Sponsor or Administering Agency.

�����

����� Again, there is a maximum of one (1) entry per Weekly Promotion Pod, regardless of method of entry. Entries do not roll over from one (1) Weekly Promotion Pod to the next.

�����

B. HOW TO ENTER THE GRAND PRIZE DRAWINGS:

 

There will be two (2) gender-specific Grand Prize drawings (hereinafter referred to as a �GSGPD� or �GSGPDs��GSGPD #1 from all eligible entries submitted by male participants during the Master Promotion Period; GSGPD #2 from all eligible entries submitted by female participants during the Master Promotion Period.

 

A participant who has entered the Promotion four (4) times and meets the requirements as set forth in these Official Rules, regardless of method of entry, will be eligible to be included in the GSGPDs.

 

Limit of one (1) entry in a GSGPD per person, regardless of method of entry.

 

The following applies to all participants, regardless of method of entry: Entries received before or after the Master Promotion Period will be void. The Sponsor will be the official timekeeper for the Promotion.

 

Nonreadable, 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. Proof of completion of a Weekly Promotion Pod game or submission of an e-mail entry will not be deemed proof of receipt of an entry by the Sponsor or the Administering Agency. For purposes of this Promotion, a Weekly Promotion Pod entry is �received� when the Web Site server records the participant�s successful completion of a Weekly Promotion Pod, and an e-mail entry is �received� when the Sponsor�s or Administering Agency�s e-mail server records the entry information. Proof of sending (such as an automated computer receipt confirming entry or a copy of a sent message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. All entries must be obtained 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 Sweepstakes 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 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://www.cwtv.com/page/privacypolicy.html. In addition to the �Grant� section below, a participant�s personal information will be utilized by the Sponsor and/or Administering Agency for selecting winners, for the fulfillment of prizes, to publish winner disclosures in any format, to comply with any legal requirements, and as otherwise disclosed on the Web Site and/or registration form.

 

WINNER SELECTION/ODDS:

 

The Administering Agency will conduct two (2) GSGPDs and four (4) individual Weekly Promotion Pod drawings on or about the dates detailed below:

 

Weekly Promotion Pod Drawing #1: Monday, February 1, 2010

(from all eligible entries received between 5:00:00 p.m. on Monday, January 25, 2010, and 4:59:59 p.m. on Wednesday, January 27, 2010)

 

Weekly Promotion Pod Drawing #2: Monday, February 8, 2010

(from all eligible entries received between 5:00:00 p.m. on Monday, February 1, 2010, and 4:59:59 p.m. on Wednesday, February 3, 2010)

 

Weekly Promotion Pod Drawing #3: Monday, February 15, 2010

(from all eligible entries received between 5:00:00 p.m. on Monday, February 8, 2010, and 4:59:59 p.m. on Wednesday, February 10, 2010)

 

Weekly Promotion Pod Drawing #4: Monday, February 22, 2010

(from all eligible entries received between 5:00:00 p.m. on Monday, February 15, 2010, and 4:59:59 p.m. on Wednesday, February 17, 2010)

 

GSGPDs: Monday, February 22, 2010

(from all eligible Grand Prize entries received during the Master Promotion Period)

 

Specific to the Weekly Promotion Pod drawings, if there are not enough eligible entries from which to select all of the winners for any individual Weekly Promotion Pod drawing, the remaining prize(s) will not be awarded for that specific Weekly Promotion Pod drawing.

 

If a participant�s entry is randomly drawn and it meets the requirements in these Official Rules, he/she could be eligible to win a prize, subject to the Sponsor�s and/or Administering Agency�s verification process. If a potential winner is found ineligible or fails to comply with these Official Rules, that individual�s claim to a prize is forfeited and an alternate randomly drawn eligible participant will be contacted by telephone/e-mail.

 

Odds of winning a prize in a Weekly Promotion Pod drawing depend on the total number of eligible entries received during the applicable Weekly Promotion Pod drawing entry period. Odds of winning a Grand Prize depend on the total number of eligible gender-specific entries received for that GSGPD during the Master Promotion Period.

 

PRIZES:

 

An individual may win only one (1) Weekly Promotion Pod prize during the Master Promotion Period, but may win one (1) Weekly Promotion Pod prize and a gender-specific Grand Prize if randomly selected.

 

Total Approximate Retail Value (�ARV�) of all prizes in this Promotion: $14,383.20.

 

Five (5) Weekly Promotion Pod prizes will be awarded per Weekly Promotion Pod drawing: Each prize (a �Weekly Promotion Pod Prize�) consists solely of one (1) One Tree Hill The Complete Sixth Season DVD boxed set. ARV of each prize: $35.96. Actual prize awarded is determined at the sole discretion of the Sponsor and/or Administering Agency and is subject to change.

 

Grand Prize: Two (2) Grand Prizes will be awarded: In addition to the following Grand Prize trips and related amenities (see below), each Grand Prize winner will also provide to the Sponsor a minimum of five (5) and up to a maximum of seven (7) video blogs (hereinafter referred to as Vlog[s]), which may appear on CWtv.com on dates to be determined by and at the sole discretion of the Sponsor. Actual quantity of Vlogs to be provided by the Grand Prize winners and suggested Vlog topics are at the sole discretion of the Sponsor and will be communicated directly to the Grand Prize winners once the winners are confirmed. The Grand Prize winners will utilize video camera equipment provided by the Sponsor for use during the promotion fulfillment period only.

 

Each Grand Prize winner will receive a seven (7)-day/six (6)-night trip for the respective Grand Prize winner and one (1) travel companion to Wilmington, NC, and, subject to availability, each Grand Prize winner (only) will participate in a multi-day One Tree Hill�related �behind-the-scenes show production experience� (the �Event�). Travel dates are tentatively scheduled sometime between March 5, 2010, and March 15, 2010. Each Grand Prize winner and his/her respective travel companion must travel on the same itinerary on the actual fulfillment dates designated by the Sponsor and/or Administering Agency. If a Grand Prize winner cannot travel during the specified travel dates, then he/she forfeits the entire Grand Prize and an alternate entry will be randomly selected from all (same) gender-specific eligible entries received by the end of the Promotion Period. If a Grand Prize winner is UAOM, Parent of that individual must accompany him/her on the trip as the travel companion. A legal guardian must provide written proof of guardianship. Each Grand Prize winner (or, if Grand Prize winner is UAOM, his/her Parent) will also be required to provide a valid Social Security or a valid U.S. personal tax identification number for tax reporting purposes.

 

Each Grand Prize trip will include only the following:

 

        Round-trip economy air transportation for Grand Prize winner and one (1) travel companion from a gateway airport near Grand Prize winner�s residence (final determination of the departure airport 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 a 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 a Grand Prize winner is not eligible for air transportation, round-trip destination ground transportation is not necessary and will not be awarded.

        Six (6) nights� hotel accommodations of Administering Agency�s choice (one [1] room, double occupancy, room rate and room tax only).

        VIP tour of the Series� sets and production facilities.

        Participation in One Tree Hill Event (Event activities�related specifics are at the sole discretion of the Promotion Parties).

        All destination Event-related ground transportation.

        Seven hundred fifty dollars ($750.00) 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 rules, will be awarded at the sole discretion of the Sponsor.

 

ARV of each Grand Prize: $6,832.00. Actual ARV may vary depending on each 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 winners 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 ARVs are 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 winners.

 

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, ground transportation, five hundred dollars ($500.00) [as previously disclosed], and a VIP tour of the One Tree Hill sets and production facilities (including round-trip ground transportation from hotel to tour).

 

Grand Prize does not include transportation to and from each 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 each Grand Prize winner and his/her travel companion. Promotion Parties are not liable for any expenses incurred as a consequence of flight cancellation/delay. Travel is subject to airline and accommodation restrictions, blackout dates and availability. Final choice of departure and destination airports, airline carriers, flight times and/or destination accommodations and any other prize details not specified herein is at the sole discretion of the Sponsor and/or Administering Agency. Each 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 photo identification, all of which is the sole responsibility of each Grand Prize winner and his/her travel companion. 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 a Grand Prize winner (or, if Grand Prize winner is UAOM, his/her Parent) of his/her tax obligations associated with winning the Grand Prize.

 

Each Grand Prize winner and his/her travel companion 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. A Grand Prize, if unclaimed, may not be awarded (at Sponsor�s and Administering Agency�s sole discretion).

 

Each Grand Prize winner and his/her travel companion are responsible for obtaining any insurance (including, but not limited to, any travel and health insurance).

 

By entering this Promotion and accepting a Grand Prize, each 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 a Grand Prize, each Grand Prize winner (and, if Grand Prize winner is UAOM, his/her Parent) and respective travel companion agree that Sponsor, its designated representatives and/or the Administering Agency reserve the right at their sole discretion to disqualify and remove a Grand Prize winner and/or travel companion from any activity at any time if Grand Prize winner�s and/or travel companion�s 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. Each Grand Prize winner (and, if Grand Prize winner is UAOM, his/her Parent) agrees that his/her travel companion 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 a Grand Prize winner, travel companion 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, February 22, 2010, the Administering Agency�s designated representative will attempt to notify each 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 a Grand Prize winner in this Promotion, using the contact information provided in his/her entry. If a 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 a 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 gender-specific winning entry may be randomly selected from all eligible gender-specific entries received.

 

Once Administering Agency has received verbal or e-mail confirmation (as determined at the Administering Agency�s sole discretion) from a potential Grand Prize winner (or, if potential Grand Prize winner is UAOM, his/her Parent) of his or her desire to accept a Grand Prize (subject to verification of eligibility), potential Grand Prize winner will be sent a Grand Prize Winner Affidavit of Eligibility/Release of Liability with applicable tax forms and Travel Companion Release of Liability Affidavit (collectively, the �Winner Documents�), via e-mail, mail or other courier service. Each Grand Prize winner must complete the Winner Documents, or if a 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 respective Travel Companion must be the age of majority in his/her state of primary residence and must 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 three (3) calendar days of the date the Administering Agency sent the Winner Documents. At Sponsor�s sole discretion, a disqualification may result and an alternate gender-specific entry may be randomly selected from all eligible gender-specific entries received if all Winner Documents are not returned to the Administering Agency within the specified time.

 

WEEKLY PROMOTION POD PRIZEWINNER NOTIFICATION PROCESS:

 

All Weekly Promotion Pod prizewinners (each a �Weekly Winner� or collectively �Weekly Winners�), at the Administering Agency�s sole discretion, may receive their prizes by mail or other courier service with no prior notice or may be notified that they may be a Weekly Winner in this Promotion by telephone and/or e-mail, using the contact information provided by participant or his/her Parent. At its sole discretion, the Administering Agency may require a potential Weekly Winner (and potential Weekly Winner�s Parent, if potential Weekly Winner is UAOM) to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, �Affidavit/Release�). If Administering Agency chooses to notify a potential Weekly Winner rather than sending a prize by mail or other courier service with no prior notice, and that potential Weekly Winner cannot be reached within three (3) calendar days from the date of first notification attempt or doesn�t respond according to the Administering Agency�s instructions, such person may be disqualified and an alternate winning entry may be randomly drawn from all eligible entries received.

 

If required, Affidavit/Release must be completed, signed, notarized and returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023), without alteration, within seven (7) business days of the date the Administering Agency sent the Affidavit/Release. At Sponsor�s sole discretion, a disqualification may result and an alternate winning entry may be randomly drawn from all eligible entries received if the Affidavit/Release is not returned to the Administering Agency within the specified time.

 

ADDITIONAL PRIZE INFORMATION/TAXES (WHICH APPLIES TO ALL PRIZES UNLESS OTHERWISE NOTED):

 

Prizes are 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 a stated prize or portion thereof for another prize or portion thereof of equal or greater value for any reason, including, without limitation, prize unavailability. If a 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. Each prizewinner (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 a potential prizewinner, 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 prizewinner (and/or the prizewinner�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 (or the participant�s Parent if participant is UAOM, on behalf of the participant) 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 and/or Vlogs [as previously defined] (collectively, �Personae-Related Materials�) on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further notice, compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor- or Promotion Party�related Web sites and any of Sponsor�s or Promotion Parties� advertising and promotion materials and/or broadcasts in any form. In addition, by entering, each participant (or the participant�s Parent if participant is UAOM), except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation, review or approval. In connection therewith, each participant (or 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 without further notice, compensation, review or approval and hereby releases the Promotion Parties from all liability related thereto.

 

As a condition of entry, each participant consents to read, agree to and sign (or, if a Grand Prize winner is UAOM, have his/her Parent do so) an additional separate written agreement related to the Personae-Related Materials if Sponsor requires, at Sponsor�s sole discretion.

 

Participant (or 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 entry, each participant (or 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 (or the participant�s Parent if participant is UAOM).

 

REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:

 

EXCEPT AS MAY BE PROVIDED BY THE PRIZE PROVIDER, 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 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 the Promotion, or resulting from acceptance, possession, quality, use or misuse of any 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. EACH GRAND PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER TRAVEL COMPANION RELATED TO ANY PROMOTION-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO THE TRAVEL COMPANION�S 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 any 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 winners 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 any prize will forfeit the prize or prizes won and may be prosecuted to the full extent of the law. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEB SITE 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 Web Site 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 attorney�s fees or other such related costs of bringing a claim, or to rescind this agreement or seek injunctive or any other equitable relief, 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 a prize awarded or the determination of a winner shall be resolved individually, without resort to any form of class action.

 

OFFICIAL RULES AND WINNERS� LIST:

 

To view and download a copy of the Official Rules during the Master Promotion Period and for a two (2)-month period after the Master Promotion Period or to view and download a copy of the winners� list for a three (3)-month period after the selection and posting of the winners by the Administering Agency, visit http://www.rulesandwinners.com. In the field provided, enter the code word OTH. Alternatively, to obtain a printed copy of the winners� list for a three (3)-month period after the selection and posting of the winners by the Administering Agency, send a SASE to OTH Spring Break Winners, P.O. Box 70, Ojai, CA 93024.

 

Sponsor:������� The CW Network, LLC

4000 Warner Blvd.

Burbank, California 91505

 

Administering Agency: L.A. Promotion Development, Inc., P.O. Box 70, Ojai, California 93024.

 

� 2010 The CW Network, LLC. All rights reserved. These Official Rules and all derivative forms in any configuration � 2010 L.A. Promotion Development, Inc. All rights reserved.