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NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The "CW/Chili's Free to Be Spicealicious Sweepstakes" ("Promotion") is open to legal residents of any one (1) of the fifty (50) United States or the District of Columbia ("U.S."), exclusively, who reside and are physically located in the U.S. and are the age of majority or older in their state of residence at time of entry. Employees of The CW Network, LLC and Brinker International Payroll Company, LP ("Sponsors"), Chili's Grill and Bar Franchisees,
Warner Bros. Television, Administering Agency (defined below), and their respective parent companies, trustees, subsidiaries, franchisees, affiliates, licensees, directors, officers, employees, agents, independent contractors, advertising and promotion agencies and Internet, product and service providers associated with the Promotion (collectively, "Promotion Parties") and the immediate family members of each are not eligible to enter this Promotion. For the purposes of this Promotion, immediate family members are defined as mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
All applicable federal, state and local laws and regulations apply. Void where prohibited. The Promotion begins at 12:00:01 p.m. (PDT) on Thursday, October 5, 2006, and ends at 11:59:59 a.m. (PST) on Sunday, November 5, 2006 ("Promotion Period"). The Promotion is administered by L.A. Promotion Development, Inc. ("Administering Agency"). By entering, Participants agree to be bound by these Official Rules and the decisions of Sponsors and Administering Agency, which are final and binding in all respects. TO ENTER: Participants may enter online only. There is a limit of one entry per person per day during the Promotion Period. A "day" for the purpose of this Promotion is a 24-hour period that begins at 12:00:01 a.m. (PT) and ends at 11:59:59 p.m. (PT). Access The "CW/Chili's Free to Be Spicealicious Sweepstakes" on the World Wide Web at http://www.CWtv.com and click on the CW Lab icon; then click on the "CW/Chili's Free to Be Spicealicious Sweepstakes" icon to go to the Promotion page. Follow the on-screen instructions to enter in either of the following ways: 1. Using the application provided on the site, you may upload your personal digital photographs in a creative sequence of your choice, select music (if desired) from the provided music library only and create an original still photo-based music video that incorporates your personal digital photographs (hereinafter referred to as "photoID") and, in the spaces provided, enter the following information: your first and last name, street address (P.O. Box addresses not accepted), city, state, zip code, daytime telephone number, date of birth and e-mail address. PhotoIDs, in whole or in part, may be aired on television, at the sole discretion of The CW Television Network. OR 2. You may enter the Promotion without participating in the photoID experience. In the spaces provided, enter the following information: your first and last name, street address (P.O. Box addresses not accepted), city, state, zip code, daytime telephone number, date of birth and e-mail address. Each Participant entering the Sweepstakes must also, in the space provided, type in their full legal name as a digital signature. By providing this signature and by clicking on the "Submit" button, each Participant forwards his/her entry into the Promotion, agrees to these official rules and accepts the Sponsors' Privacy Policy. ALL photoIDs SUBMITTED THAT MEET THE REQUIREMENTS IN THESE OFFICIAL RULES MAY BE POSTED FOR VIEWING BY THE PUBLIC AT WWW.CWTV.COM; SOME photoIDs, IN WHOLE OR IN PART, MAY BE AIRED ON TELEVISION, AT THE SOLE DISCRETION OF THE CW TELEVISION NETWORK; HOWEVER, SPONSORS WILL HAVE NO OBLIGATION TO DO SO. Photographs must:
Submission of false or misleading personal information by a Participant will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by the Sponsors or Administering Agency, will be disqualified. All entries and their content become the sole property of the Sponsors and will not be returned or acknowledged. Sponsors and/or Administering Agency will not deem proof of submission of an entry as proof of receipt of an entry. WINNER SELECTION: The Administering Agency will conduct a random draw on, or about, Friday, November 17, 2006, from all entries received. If your entry is randomly drawn and it meets the Promotion eligibility criteria, you could be eligible to win a prize. If a potential prizewinner is found ineligible or fails to comply with the Official Rules, that individual's claim to a prize is forfeited and an alternate entry will be randomly drawn. Odds of winning a prize determined by total number of eligible entries received by Promotion end date. In the event there are fewer entries than the number of prizes available, winners will be determined solely and only from the number of eligible entries received. Any outstanding balance of prizing will not be awarded. Decisions of Sponsors are final and binding in all respects and are non-appealable. If a tentative winner is found ineligible or fails to comply with these Official Rules, that winner's prize may be forfeited and an alternate entry may be selected from eligible entries received. In the event of a dispute regarding the identity of an online entrant, 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. PRIZES: Prizes will be sent or winners will be contacted on or about November 20, 2006. If contacted, winners will be contacted via mail, telephone or e-mail, at Sponsor's sole discretion. Prizewinners may receive their prize by mail or other courier service with no prior notice, which will be sent to the address provided to Sponsors at the time of entry. Participants are solely responsible for providing an accurate address. At its sole discretion, the Administering Agency may require a tentative prizewinner to execute an Affidavit of Eligibility, Liability Release and, where legal, Publicity Release (collectively, "Affidavit"). If tentative prizewinners cannot be reached within a reasonable time (as determined by Administering Agency) from the date of first notification attempt or if a prize or prize notification is returned as undeliverable, such person may be disqualified and an alternate entry may be randomly drawn. If applicable, tentative prizewinner's Affidavit must also be completed and notarized by the tentative prizewinner's parent (a legal guardian must provide written proof of guardianship). If requested, Affidavit must be returned to the Administering Agency (L.A. Promo, 206 N. Signal Street, Suite P, Ojai, CA 93023) within five (5) calendar days of tentative prizewinner's receipt of the Affidavit. A disqualification may result and an alternate entry may be randomly drawn if the Affidavit is not returned to the Administering Agency within the specified time. There is no substitution for a prize or any portion thereof, except due to unavailability, in which case a prize of equal or greater value will be awarded at the sole discretion of the Administering Agency and/or Sponsors. Prizes are not transferable, assignable or redeemable for cash, except at Sponsors' sole discretion. Prizewinners are solely responsible for any and all federal, state and local taxes. PUBLICITY GRANT:Except where prohibited by law, by entering this Promotion, each Participant grants the Promotion Parties the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address and any other information contained in his/her entry on a worldwide basis, and in all forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Program and all advertising and promotion materials related thereto. In addition, by entering, each Participant, except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation. In connection therewith, each Participant 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 and all media now known or hereafter devised AND HEREBY RELEASES THE PROMOTION PARTIES FROM ALL LIABILITY RELATED THERETO. ASSIGNMENT OF photoID: By creating and submitting a photoID in this Promotion, each Participant agrees that the photoID and the elements thereof, including, without limitation, the photographs contained therein (the "Work for Hire Materials"), will be deemed a work made for hire specially commissioned or ordered for inclusion in an audio-visual work, as defined in the Copyright Act of 1976, and that The CW Television Network will be considered the author and owner of the Work for Hire Materials. In addition, each Participant agrees that he/she hereby grants The CW Television Network an irrevocable, exclusive, perpetual assignment of all right, title and interest in the Work for Hire Materials, including, without limitation, copyrights (to the extent not already a work made for hire), trademarks, trade names, service marks, patents and trade secrets, including all worldwide renewals, extensions and restorations thereof. By sending in an entry, each Participant agrees to execute any documents or take any further action required by the Promotion Parties to effectuate the grants, assignments and acknowledgments in this section and other agreements made by each Participant in these Official Rules. REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY: Each Participant represents and warrants that (i) the Participant is the creator of the photoID and all elements thereof (except for the music provided by Sponsors via the tool provided to make the photoID); (ii) the Participant has not granted, and will not grant, any rights whatsoever in the photoID or elements thereof (including photographs) to any other person or entity; (iii) the photoID does not contain any content that is or may be libelous, slanderous, inaccurate, false, incomplete or potentially dangerous or harmful in any way; (iv) the photoID and all elements thereof (including photographs) are original and do not contain any thoughts, images, ideas or other creative elements from anyone other than the Participant; and (v) the photoID does not violate, misappropriate or infringe upon the rights of any third party. Each Participant represents and warrants that (i) the Participant is the creator of the photoID and all elements thereof (except for the music provided by Sponsors via the tool provided to make the photoID); (ii) the Participant has not granted, and will not grant, any rights whatsoever in the photoID or elements thereof (including photographs) to any other person or entity; (iii) the photoID does not contain any content that is or may be libelous, slanderous, inaccurate, false, incomplete or potentially dangerous or harmful in any way; (iv) the photoID and all elements thereof (including photographs) are original and do not contain any thoughts, images, ideas or other creative elements from anyone other than the Participant; and (v) the photoID does not violate, misappropriate or infringe upon the rights of any third party. Sponsors, at their sole discretion, reserve the right to edit, cut, copy, reproduce, rearrange, change, add to, delete from, translate, dub, adapt or otherwise revise and/or alter any photoID or blur or distort any person, place or item in the photoID. Each Participant hereby waives any moral rights or so-called droit moral in and to his/her photoID, AND EACH PARTICIPANT HEREBY RELEASES EACH OF THE PROMOTION PARTIES FROM ANY LIABILITY OR CAUSE OF ACTION RELATED TO EDITING, CUTTING, COPYING, REPRODUCING, REARRANGING, CHANGING, ADDING TO, DELETING FROM, TRANSLATING, DUBBING, ADAPTING OR OTHERWISE REVISING AND/OR ALTERING A photoID OR ANY ELEMENT THEREOF (INCLUDING PHOTOGRAPHS) OR BLURRING OR DISTORTING ANY PERSON, PLACE OR ITEM DEPICTED THEREIN. PROMOTION PARTIES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OR ENJOYMENT OF ANY PRIZE, OR ANY PORTION THEREOF, INCLUDING, WITHOUT LIMITATION, ITS QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY AND ALL WARRANTIES FOR A PRIZE, OR ANY PORTION THEREOF, ARE CONTAINED IN THE MANUFACTURERS' OR SERVICE PROVIDERS' WARRANTIES, AS RELEVANT. BY ENTERING, PARTICIPANTS, THEIR PARENTS/LEGAL GUARDIANS, AGENTS, ASSIGNEES AND SUCCESSORS RELEASE AND AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE PROMOTION PARTIES FROM ANY AND ALL COSTS, INJURIES (INCLUDING DEATH), DAMAGES, LIABILITIES, FEES OR EXPENSES RELATING TO, ARISING OUT OF, OR RESULTING FROM PARTICIPATION AND/OR ENTRY IN THE PROMOTION, FROM ACCEPTANCE, POSSESSION, QUALITY, USE OR MISUSE OF A PRIZE OR ANY PORTION THEREOF, OR FROM ANY BREACH BY PARTICIPANT OF THESE OFFICIAL RULES. Promotion Parties are not responsible for any typographical errors in these Official Rules, Promotion content or advertising materials, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Promotion Parties or the user, or by any of the equipment or programming associated with or utilized in the Promotion, or by any human error that may occur in receiving and/or processing of the entries in the Promotion, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure. PRIVACY STATEMENT: A Participant's personal information will be utilized by the Administering Agency for selecting prizewinners and fulfillment of Promotion prizes and will be kept as required by law. Each Participant's first name and home state may be disclosed on the cwtv.com Web site. To review Sponsors' privacy policy, go to http://www.cwtv.com/page/privacypolicy.html. GENERAL: All Participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Promotion. If the Promotion becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way and prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Promotion Parties, the user or by any of the equipment or programming associated with or utilized in the Promotion, which corrupts, threatens or adversely affects the administration, security, fairness, integrity or proper conduct of the Promotion, the Sponsors reserve the right, at their sole discretion, to change the Official Rules, to cancel, suspend or withdraw the Promotion or any Promotion offer and/or cancel any method of entry, without notice, and select prizewinners from all entries received for the Promotion prior to or after the cancellation, 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 Sponsors' and Administering Agency's reasonable control. Participants agree not to damage or cause interruption of the Promotion and/or prevent others from utilizing the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSORS AND/OR ADMINISTERING AGENCY MAY, IN THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSORS MAY SEEK DAMAGES (INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION. The parties agree that this Promotion and these Official Rules are governed, construed and interpreted under the laws of the State of California and any or all claims brought by Participants or their parents or legal guardians pursuant to these Official Rules or the Promotion shall be brought in the courts of the State of California without resort to any sort of class action. For a printed copy of the Official Rules prior to the end of the Promotion Period or a Winners List (available through December 30, 2006), send a self-addressed, stamped envelope to CW/Chili's Free to Be Spicealicious Sweepstakes Rules or Winners List (indicate which), P.O. Box 1181, Ojai, California 93024-1181. Vermont residents may omit return postage for rules requests. To view complete Official Rules online, visit http://www.rulesandregs.com/chilis.pdf. Winners List replies will be available after the completion of the Promotion. The Promotion Parties are not responsible for any damaged, delayed, illegible, incomplete, late, lost, misaddressed, misdirected, mutilated, postage-due or stolen mail. Sponsors: The CW Network, LLC, 4000 Warner Blvd, Burbank, California; Brinker International Payroll Company, LP, 6820 LBJ Freeway, Dallas, Texas. Administering Agency: L.A. PROMO, 206 N. Signal Street, Suite P, Ojai, California. |