The CW America's Next Top Model 7UP Natural Sweepstakes Rules
NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The CW America's Next Top
Model 7UP Natural Sweepstakes (the
"Promotion") begins on Wednesday, April 16, 2008, at 5:00:00 p.m. and ends on Monday, May 26, 2008, at 10:00:00 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 located in the U.S. at the time
of entry. Employees, directors and officers of The CW Network, LLC ("Sponsor"), Dr Pepper/Seven Up Inc. ("7UP"),
L.A. Promotion Development, Inc. (the
"Administering Agency"), Warner Bros. Entertainment Inc., 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 L.A. Promotion Development, Inc. By entering,
participants agree to be bound by these Official Rules and the decisions of the
Sponsor and Administering Agency, which are final and binding in all respects.
ENTER
IN THE FOLLOWING WAY: Participants may enter the Promotion online only. Participants may enter one (1) time per day. A day, for the purpose of this promotion, begins at 5:00:00 p.m. and ends at 4:59:59 p.m. the following day, except for the final day of the promotion that begins at 5:00:00 p.m. and ends at 10:00:00 a.m. the following day. Entries
received before and/or after the Promotion Period will be void.
Online entries must be received no
later than 10:00:00 a.m., Monday, May 26, 2008.
Sponsor will be the official timekeeper
for the Promotion. Access the Promotion on the World Wide
Web at http://www.CWtv.com/7UP for the opportunity to win a trip for two (2)
(for winner and travel companion) to a resort spa in Ojai, California, where
the Grand Prize winner and travel companion will receive a selection of spa
treatments. Follow the on-screen instructions to reach the Promotion registration
page. On the registration page and in the spaces provided, provide the following
information as described below: As a condition of entering, each
participant entering the Promotion must also, in the space provided, type
his/her full legal name as his/her signature. By providing this signature and
by clicking on the "Submit" button, each participant forwards his/her entry to
the Promotion, agrees to the terms and conditions of these Official Rules,
additional terms and conditions that may appear on the registration page and/or
on Promotion-related pages, and accepts the Sponsor's Privacy Policy. Nonreadable,
garbled or incomplete entries, 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. Specifically
relating to fraudulently submitting multiple entries, entries that are forged,
altered or mechanically reproduced 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 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. In
the event of a dispute regarding the identity of an 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. To review the Sponsor's Privacy Policy,
go to http://www.cwtv.com/page/privacypolicy.html. To review the Sponsor's
terms of service, go to http://www.cwtv.com/page/termsofservice.html. A
participant's personal information will be utilized by the Sponsor and/or
Administering Agency for selecting prizewinners, for fulfillment of prizes, and
to comply with any legal requirements. WINNER
SELECTION/ODDS: The Administering Agency will conduct a
random draw on, or about, Monday, June
16, 2008,
from all eligible entries received. If your entry is randomly drawn and it
meets the Promotion's eligibility criteria, you could be eligible to win a
prize (subject to the Sponsor's verification process). If a potential
prizewinner is found ineligible or fails to comply with these Official Rules,
that individual's claim to the prize may be forfeited at Sponsor's or
Administering Agency's sole discretion and an alternate winner will be randomly
drawn from all eligible entries received. Odds of winning a prize are
determined by total number of eligible entries received by Promotion end date. PRIZES: Total Approximate Retail Value ("ARV")
of the prizes in this Promotion: $4,965.40. One
(1) Grand Prize will be awarded: Grand Prize winner will receive a
three (3)-day/two (2)-night trip for the Grand Prize winner and one (1) travel
companion to a resort spa in Ojai, California, for a selection of spa
treatments (the "Event") for both the Grand Prize winner and the travel
companion, and subject to availability, Grand Prize winner and travel companion
will meet, and be photographed with, the 2008 America's Next Top Model 7UP Photo Shoot Challenge winner. Determination
of spa location and spa services provided are at the sole discretion of the
Sponsor and/or the Administering Agency. Travel dates are tentatively scheduled
between July 14, 2008, and November 10, 2008. Grand Prize winner and travel
companion must travel together during the travel dates specified by the Sponsor
and/or Administering Agency. If the Grand Prize winner cannot travel during the
specified travel dates, then he/she forfeits the entire Grand Prize and an
alternate Grand Prize winner will be randomly drawn from all eligible entries
received. If the Grand Prize winner is under the age of majority in his/her
state of residence, the Grand Prize winner must be accompanied his/her parent
or legal guardian ("Parent"). A legal
guardian must provide written proof of guardianship. Grand Prize winner (or if
Grand Prize winner is a minor, his/her Parent) will also be required to provide
a valid Social Security number for tax purposes. The Grand Prize includes only the
following:
Any additional
destination amenities awarded, other than those disclosed in these rules, will
be awarded at the sole discretion of the Sponsor. ARV of Grand Prize: $4,215.40. Actual
ARV will be based on Grand Prize winner's city of origin and actual destination
city. The Promotion Parties are not
responsible for the cancellation of the Event. If Event is cancelled during the
travel dates, Sponsor reserves the right to substitute the Grand Prize with a
different prize of equal or greater value. 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 travel companion (as
applicable). 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 is at the sole discretion of the Administering
Agency. The Grand Prize winner 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 companion's 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 so imposes. Grand Prize winner and travel companion
must abide by, and are subject to, any and all minimum/maximum height, weight
and health-related requirements or restrictions set forth by the airline
carrier and/or service providers. Grand Prize winner and travel companion 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, Grand Prize winner and travel companion agree that
Sponsor and the Administering Agency reserve the right to disqualify and remove
the Grand Prize winner and/or travel companion from any activity at any time if
the Grand Prize winner's and/or travel companion's actions at any point may or
do cause damage to person, property or the reputation of any of the Promotion
Parties. GRAND
PRIZE WINNER NOTIFICATION PROCESS: On or about June
23, 2008, the tentative Grand Prize winner will be notified by telephone and/or
e-mail using the contact information provided in
his/her entry.
If the tentative Grand Prize winner cannot be reached after
a reasonable (as determined solely by the Administering Agency) effort has been
made, such person may be disqualified and an alternate winning entry will be
randomly drawn from all eligible entries received. Once Administering Agency has received
verbal confirmation from the tentative Grand Prize winner of his or her desire
to accept the Grand Prize (subject to verification of eligibility), tentative
Grand Prize winner will receive a Grand Prize Winner Affidavit of
Eligibility/Release of Liability and one (1) Travel Companion Release of
Liability Affidavit ("Affidavits") via e-mail, mail or other courier service. If the Grand Prize winner and/or his/her travel companion
are under the age of majority in his/her state of residence, a parent of that
individual must complete the Affidavit for him/her and must complete the parent
section of the Affidavit. 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 tentative
Grand Prize winner's receipt of the Affidavits. A disqualification may result and
an alternate winning entry will be randomly drawn from all
eligible entries received if all Affidavits are not returned to the Administering
Agency within the specified time. Refusal or return of any Grand Prize
notification or Affidavit as undeliverable may also result in disqualification and
an alternate winning entry will be randomly drawn from all
eligible entries received. Affidavit
is subject to verification by Sponsor and Administering Agency. In the event of
noncompliance with this requirement, the winner's prize may be forfeited. Fifty
(50) First Prizes will be awarded: Each First Prize winner will receive
one (1) 7UP themed vintage-style T-shirt (ARV: $15.00 each). T-shirt style and
size awarded will be at the sole discretion of the Sponsor and/or Administering
Agency. No
more than the prizes stated will be awarded. FIRST PRIZE
WINNER NOTIFICATION PROCESS: First Prize winners may receive their
prizes by mail or other courier service with no prior notice. At its sole
discretion, the Administering Agency may require a tentative First Prize winner
to execute an Affidavit of Eligibility, Liability Release and Publicity Release
(collectively, "Affidavit/Release"). If Administering Agency chooses to notify
a tentative First Prize winner rather than sending the prize by mail or other
courier service, with no prior notice, and that tentative First Prize winner cannot
be reached within three (3) calendar days from the date of first notification
attempt, such person may be disqualified and an
alternate winning entry will be randomly drawn from all eligible entries
received. 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 receipt of the
Affidavit/Release. A disqualification may result and an
alternate winning entry will 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: Prizes are not transferable or assignable,
except at the Sponsor's sole discretion. Prizewinners 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
agrees that if selected as a tentative winner, Sponsor may, at its option,
conduct a background check on participant, the results of which may disqualify
participant as a winner. By accepting a prize, the prizewinner agrees that Sponsor
may, at its option, conduct a background check on the prizewinner, the results
of which may disqualify the prizewinner. If necessary or requested, the
prizewinner agrees to sign waiver forms authorizing the release of personal and
background information. GRANT (HOW THE PROMOTION PARTIES MAY USE PERSONAE-RELATED
MATERIALS): Except
where prohibited by law, by entering this Promotion, each participant (or the participant's Parent
if the participant is a minor, 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 winner-related and public relations-related coverage (collectively,
"Personae-Related Materials") 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 Promotion, on Sponsor's or 7UP's
sites and any of Sponsor's or 7UP's advertising, promotion and public relations
materials and/or broadcast of any kind, without additional compensation, review
or approval. In addition, by entering, each participant (or the participant's Parent
if the participant is a minor), 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 the participant is a minor) 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.
Participant
(or the
participant's Parent if the participant is a minor) 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 the participant is a minor) 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 the participant is a minor). REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES &
INDEMNITY:
The Promotion Parties make no warranties, express or implied, in
fact or in law, 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 PARTICIPANT IS A
MINOR), 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 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. EACH PARTICIPANT (OR THE PARTICIPANT'S PARENT
IF PARTICIPANT IS A MINOR) acknowledgeS that there is a
possibility that subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE
OFFICIAL RULES, A PARTICIPANT 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 A MINOR) AGREED TO thESE OFFICIAL RULES,
and which if known at that time may have materially affected A PARTICIPANT'S
decision to AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH
PARTICIPANT (OR
THE PARTICIPANT'S PARENT IF PARTICIPANT IS A MINOR) 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 A
MINOR) assumES any risk of such unknown facts and such
unknown and unsuspected claims. Each participant 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 FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF
KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. GENERAL: Each participant
(or the
participant's Parent if the participant is a minor) agrees
that the Promotion Parties are not responsible for any typographical errors in
these Official Rules or 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 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, 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 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. 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. Participants agree not to knowingly damage or cause interruption of
the Promotion and/or prevent others from utilizing the Promotion. 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 PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES
(INCLUDING ATTORNEYS' FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING
CRIMINAL PROSECUTION. All claims
brought by a participant must be brought in the courts of the state of
California and shall be governed by the laws of the state of California
applicable to agreements executed and fully performed within the state of
California. 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, visit http://www.rulesandregs.com. In the
field provided, enter the code word cw_7UP. To view and download a copy
of the winners list for a six (6)-month period after the selection and posting
of winners by the Administering Agency, visit http://www.prizewinnerslist.com.
In the field provided, enter the code word cw_7UP. Sponsor: The CW Network, LLC, 4000
Warner Blvd, Burbank, California. Administering
Agency: L.A. Promotion Development, Inc., P.O. Box 70, Ojai, California. © 2008 The CW Network, LLC. All rights
reserved. These Official Rules and all
derivative forms in any configuration © 2008 L.A. Promotion Development, Inc.
All rights reserved.