“The 90210 CLEAN & CLEAR® Countdown to the West Beverly Prom Contest”
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. WINNER WILL BE REQUIRED TO EXECUTE A PRIZE-ACCEPTANCE AGREEMENT AND COMPLY WITH OTHER REQUIREMENTS AS MORE FULLY DETAILED BELOW. GRAND PRIZE WINNER AND TRAVEL COMPANIONS MUST TRAVEL FROM ADMINISTERING AGENCY�SELECTED AIRPORT NEAR WINNER�S RESIDENCE ON THE CW AND/OR ADMINISTERING AGENCY�SELECTED DATES OR GRAND PRIZE WILL BE FORFEITED. The 90210 CLEAN & CLEAR� Countdown to the West Beverly Prom Contest (the �Promotion�) begins on Monday, January 5, 2009, at 12:00:01 p.m. and ends on Monday, February 2, 2009, at 11:59:59 a.m. (the �Promotion Period�). All 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 thirteen (13) years of age or older and physically domiciled in the U.S. at the time of entry. Employees, directors and officers of The CW Network, LLC (hereinafter referred to as �Sponsor� and/or �The CW�), Johnson & Johnson Consumer Products Company, a division of Johnson & Johnson Consumer Companies, Inc. (hereinafter referred to as �CLEAN & CLEAR��), L.A. Promotion Development, Inc. (the �Administering Agency�), Warner Bros. Entertainment Inc., CBS Paramount Network Television, CBS Productions, CBS Broadcasting Inc., CBS Corporation, their respective parent companies and subsidiaries, 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.
All applicable federal, state and local laws and regulations apply. Void outside the forty-eight (48) contiguous United States and the District of Columbia 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 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.
Entries received before and/or after the Promotion Period will be void.
The CW will be the official timekeeper for the Promotion.
HOW TO ENTER
To enter the Promotion, visit http://www.CWtv.com/countdown (the �Web Site�) and follow the on-screen instructions to reach the Promotion registration page. On the registration page and in the spaces provided, supply the following information and entry-related assets:
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 acceptance of these Official Rules. By clicking on the final �Submit� button, each participant forwards his/her entry to the Promotion. If participant is UAOM and does not receive Parent�s consent to enter the contest, then participant�s video will be removed from participation at the request of a Parent.
A participant may enter as often as he/she likes; however, each 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 Essay entered by the same participant. Each 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, you agree that your 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 (including but not limited to music) that may otherwise violate or infringe (or do infringe) any of the following:
o Copyright, trademark, logo or mark 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 Clothing worn in the video should not contain any visible logos, drawings, cartoons, phrases, trademarks or other third-party materials.
o Participants may not copy or otherwise plagiarize the Essay from any source.
� No Essay shall contain any content or performance that has been broadcast or streamed, published or televised on television or as part of a recording of a motion-picture film or television program.
� Any digital video that is not of satisfactory quality (i.e., brightness, focus, volume) to be streamed online will likely be rejected, at Administering Agency�s sole discretion.
� Administering Agency has the sole discretion to determine whether an Essay qualifies as an entry. Any entry not in compliance with the above and that does not meet the Web Site requirements will be disqualified.
� 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 video will not be posted online and will be disqualified from the contest.
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.
Nonviewable, garbled or incomplete entries, or participants that do not abide by these Official Rules, as determined by the Sponsor or Administering Agency at its sole discretion, will be disqualified. All entries become property of 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 contest agent or agency, or entries 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. Proof of submission of an entry will not be deemed proof of receipt of an entry by Sponsor or Administering Agency. For purposes of this Promotion, an entry is �received� when The CW�s Web Site servers record the entry information upon participant clicking the final �Submit� button. Proof of sending (such as an automated computer receipt confirming entry or �thanks for entering� message) does not constitute proof of actual receipt of an entry for purposes of this Promotion. 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 provided, but only if that person meets all other eligibility criteria. 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. A 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 CW�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 a winners list, to comply with any legal requirements, and as otherwise disclosed on the Web Site and/or registration form.
ESSAY SELECTION/JUDGING CRITERIA:
The Sponsor and/or its designated representative(s) (�Judges�) will rank each entry received based on a scale of one (1) to twenty-five (25) [twenty-five (25) being the best] for each of the following categories [a maximum of seventy-five (75) points total per entry]: 1) Style, i.e., submitted entry�s overall theatrical performance and appeal; 2) Messaging Communication, i.e., how (well) the submitted entry communicates the enthusiasm of the 90210 fan experience; and 3) Visual Appearance/Marketability, i.e., would the 90210 participant�s Essay (performance) appeal to the 90210 television series� audience.
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.
The entry with the highest cumulative score (subject to eligibility verification) will be deemed the potential Grand Prize winner. First Prize winners will be determined by the next highest scores.
Decisions of Judges/Sponsor are final and binding in all respects and are nonappealable. If a selected potential prizewinner is found ineligible or fails to comply with the terms and conditions of these Official Rules, that person�s appointment as a potential prizewinner may be forfeited and an alternate entry may be determined based on the next highest score.
PRIZES: (No more than the prize stated will be awarded)
Total Approximate Retail Value (�ARV�) of all prizes in this Promotion: $10,880.00.
One (1) Grand Prize will be awarded: In addition to the following Grand Prize trip and related amenities (see below), the Grand Prize winner will also provide to The CW a minimum of four (4) and up to a maximum of six (6) written blogs (hereinafter referred to as Blog[s]), which may appear on CWtv.com from mid-March through mid-May 2009 (actual dates to be determined by and at the sole discretion of The CW). Actual quantity of Blogs to be provided by the Grand Prize winner and suggested Blog topics are at the sole discretion of The CW and will be communicated directly to the Grand Prize winner once the winner is confirmed. The Grand Prize winner will upload his/her Blogs utilizing the upload mechanism provided by the Sponsor to a to-be-determined server.
Grand Prize winner will receive a four (4)-day/three (3)-night trip for the Grand Prize winner and three (3) travel companions to the Los Angeles, California, area and, subject to availability, Grand Prize winner and travel companions will visit the set of The CW Television Network series 90210 where the Grand Prize winner and one (1) travel companion will each have the possibility of appearing in a nonspeaking, walk-on role in a future episode of 90210 (the �Event�). Travel dates are tentatively scheduled sometime between March 5, 2009, and March 16, 2009. Grand Prize winner and three (3) travel companions must travel on the same itinerary on the actual fulfillment dates designated by The CW 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 entry will be determined based on the next highest scoring entry.
If the Grand Prize winner is UAOM, Parent of that individual must accompany him/her on the trip as a travel companion. 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.
The Grand Prize trip will include only the following:
� Round-trip economy air transportation for Grand Prize winner and three (3) travel companions 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 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 Grand Prize winner is not eligible for air transportation, round-trip destination ground transportation is not necessary and will not be awarded.
� Three (3) nights� hotel accommodations of Administering Agency�s choice [two (2) rooms, double occupancy, room rate and room tax only].
� Round-trip ground transportation from hotel to Event (hotel�Event�hotel). Mode of Event transportation TBD at the sole discretion of the Sponsor and/or Administering Agency.
� A VIP visit to the set of 90210 for Grand Prize winner and travel companions (subject to availability).
� The possibility for the Grand Prize winner and one (1) of the travel companions to each appear in a nonspeaking, walk-on role in a future episode of The CW Network television series 90210. This prize element is subject to availability and subject to both the Grand Prize winner and above-selected travel companion complying with any requirements requested by the Promotion Parties including, without limitation (except as prohibited by law), obtaining any required work permits.
� Beverly Hills �makeover experience� including hair styling, makeup and wardrobe styling (for possible 90210 walk-on opportunity) for both the Grand Prize winner and above-selected travel companion. Location and duration of makeover experience and product used are at the sole discretion of the 90210 producers and/or the Sponsor. Wardrobe remains the property of the 90210 producers and/or the Sponsor.
� One thousand dollars� ($1,000.00) spending money for the Grand Prize winner only. Method of funding of spending money is at the sole discretion of the Administering Agency.
� A one (1) year supply of CLEAN & CLEAR product that includes one (1) of each of the following: Advantage Kit, Advantage Blackhead Eraser, Oil Absorbing Sheets, Invisible Blemish Treatment, Persagel, Deep Action Gel Cleanser, Deep Action Exfoliating Scrub, Deep Action Cream Cleanser Oil Free, Daily Pore Cleanser, Blackhead Clearing Scrub, Deep Cleaning Astringent�Sensitive Skin, Continuous Control Acne Cleanser, Morning Burst Facial Cleanser, Morning Burst Facial Scrub, Morning Burst Shine Control Scrub, Morning Burst Detoxifying Facial Cleanser, Morning Burst Detoxifying Facial Scrub, and Morning Burst Oil Free Shine Control Moisturizer. Actual prize elements awarded are at the sole discretion of the Sponsor, Administering Agency and/or prize provider.
Any additional destination amenities awarded, other than those specifically disclosed in these rules, will be awarded at the sole discretion of the Sponsor.
ARV: $10,255.00. Actual ARV may vary depending on 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 factors. Promotion Parties are not responsible for and 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.
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, one thousand dollars ($1,000.00) [as previously disclosed], four (4) VIP tickets to the Warner Bros. Studio Tour (including round-trip ground transportation from hotel to tour) and a one (1) year supply of CLEAN & CLEAR� product (as previously disclosed).
Grand Prize does not include transportation to and from 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 three (3) travel companions. 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 carrier, flight times and/or destination accommodations and any other prize details not specified herein is at the sole discretion of The CW 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 photo identification, all of which is the Grand Prize winner�s and his/her travel companions� sole responsibility. 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.
Grand Prize winner and travel companions must abide by, and are subject to, any and all minimum/maximum age, height, weight and health-related requirements or restrictions set forth by the designated airline carrier and/or service providers. Grand Prize winner and travel companions are responsible for obtaining any insurance (including, but not limited to, any travel and health insurance).
By entering this Promotion and accepting the Grand Prize, the Grand Prize winner 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, Grand Prize winner and 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 the 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. Grand Prize winner (and, if Grand Prize winner is UAOM, his/her Parent) agrees that 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.
Twenty-five (25) First Prizes will be awarded: Each prizewinner will receive a twenty-five-dollar ($25.00) gift basket featuring CLEAN & CLEAR� product that includes one (1) of each of the following: Advantage Kit, Morning Burst Cleanser, and Oil Absorbing Sheets. ARV of each prize: $25.00. Actual prize elements awarded are at the sole discretion of the Sponsor, Administering Agency and/or prize provider.
GRAND PRIZE WINNER NOTIFICATION PROCESS:
On or about February 4, 2009, the potential Grand Prize winner (or, if potential Grand Prize winner is UAOM, his/her Parent) will be notified by telephone and/or e-mail that he/she may be a 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, such person may be disqualified and an alternate entry may be determined based on the next highest score.
Once Administering Agency has received verbal confirmation 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 receive a Grand Prize Winner Affidavit of Eligibility/Release of Liability and Travel Companion Release of Liability Affidavits (�Affidavits�) via e-mail, mail or other courier service. The Grand Prize winner must complete the Affidavit, or if the Grand Prize winner is UAOM, then the Parent of that individual must complete the Affidavit for him/her and must complete the Parent section of the Affidavit. Travel companions must each complete the Affidavit, or if a travel companion is UAOM, then the Parent of that individual must complete the Affidavit for him/her, must complete the Parent section of the Affidavit and must accompany that individual as one of the other travel companions.
All Affidavits must be completed, notarized and returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) calendar days of the date the Administering Agency sent the Affidavits. A disqualification may result and an alternate entry may be determined based on the next highest score if all Affidavits are not returned to the Administering Agency within the specified time.
OTHER PRIZEWINNER NOTIFICATION PROCESS:
First Prize winners (collectively �Prizewinners�), 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 winner in this Promotion by telephone and/or e-mail, using the contact information they provided in their entry. At its sole discretion, the Administering Agency may require a potential Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, �Affidavit/Release�). If Administering Agency chooses to notify a potential Prizewinner rather than sending the prize by mail or other courier service with no prior notice, and that potential Prizewinner cannot be reached within three (3) calendar days from the date of first notification attempt, such person may be disqualified and an alternate entry may be determined based on the next highest score.
If required, Affidavit/Release must be returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) business days of the date the Administering Agency sent the Affidavit/Release. A disqualification may result and an alternate entry may be determined based on the next highest score if the Affidavit/Release is not returned to the Administering Agency within the specified time.
ADDITIONAL PRIZE INFORMATION/TAXES:
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. All prizewinners (or, if a prizewinner is UAOM, his/her Parent) are solely responsible for any and all federal, state and local taxes on prize value and, as applicable and as required by law, will be issued an IRS form 1099 based on the actual prize cost. By entering, each participant (or the participant�s Parent if participant is UAOM) agrees that if selected as a potential prizewinner, Sponsor may, at its option, conduct a background check on participant (and/or the participant�s Parent if participant is UAOM). If necessary or requested, prizewinner (or, if prizewinner is UAOM, his/her Parent) 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, Essay 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 the Promotion, on Sponsor-related Web sites and any of Sponsor�s advertising and promotion materials and/or broadcasts in any form, without additional compensation, review or approval. 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 and hereby releases the Promotion Parties from all liability related thereto.
Sponsor may require an additional separate written agreement with the Grand Prize winner (or, if Grand Prize winner is UAOM, his/her Parent) 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:
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 ANY prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED �AS IS� WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS 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 THAT PARTICIPANT IS UAOM) and each of HIS/HER 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 IS 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, DELAYS OR REROUTING RESULTING FROM ANY ACTS OF ANY GOVERNMENT OR AUTHORITY. 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 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 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 a 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 mobile telephone 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 the method of entry, without notice, and determine prizewinners 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 or misdirected entries, e-mail, mail or postage-due mail; any error, omission, interruption, defect or delay in transmission or communication; 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 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 a prize will forfeit any prize 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 THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS 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.
Except where prohibited, as a condition of participating in this Promotion, each participant (or the participant�s Parent if participant is UAOM) agrees that any and all disputes that cannot be resolved between the participant and any Promotion Party, claims and causes of action arising out of or connected with this Promotion or the prize awarded or the determination of a winner shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will a participant (or the participant�s Parent if participant is UAOM) be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental or consequential damages or any other damages, including attorneys� fees, other than participant�s actual out-of-pocket expenses (if any), not to exceed two hundred fifty dollars ($250), and participant further waives all rights to have damages multiplied or increased.
All claims brought by a participant (or the participant�s Parent if participant is UAOM) must be brought in the courts of the state of California, and this Promotion and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California and without reference to its conflicts of law principles.
OFFICIAL RULES AND WINNERS LIST:
To view and download a copy of the Official Rules during the Promotion Period and for a six (6)-month period after the Promotion Period or to view and download a copy of the winners list for a six (6)-month period after the selection and posting of prizewinners by the Administering Agency, visit http://www.rulesandwinners.com. In the field provided, enter the code word Countdown.
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.
� 2009 The CW Network, LLC. All rights reserved. These Official Rules and all derivative forms in any configuration � 2009 L.A. Promotion Development, Inc. All rights reserved.