Locals Only Secret Events Contest
February 1, 2009—February 26, 2009
PRELIMINARY INFORMATION: No purchase necessary. Void outside the KNBC terrestrial geographic viewing area and where prohibited. Locals Only Secret Events Contest (“Contest”) will begin on February 1, 2009 at 12 a.m. Eastern Time (“ET”) and end on February 26, 2009 at 11:59 p.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time.
TO ENTER: To enter, access the KNBC website at www.nbclosangeles.com during the Contest Period and search for the keywords “Shiny Toy Guns.” Complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, date of birth, and a short multiple-choice trivia quiz (the “Quiz”). All entries become the property of NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, (“Sponsor”), and will not be acknowledged or returned. As part of the Quiz, entrants must answer one multiple-choice question about city landmarks. A new question will be posted beginning at 12:01 a.m. each day during the Contest Period. You will be notified by email after you register and answer the question to confirm your entry into the competition. Entries must be received before 11:59 p.m. on February 27, 2009 to be eligible for the Contest. You may enter only once per day during the entire Contest Period for a total of twenty-three (23) entries. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, any computer or network malfunction or congestion regardless of origin, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsor reserves the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission, or approval.
ELIGIBILITY: Open only to legal U.S. residents who are located and residing in the KNBC-TV terrestrial geographic viewing area in the counties of Los Angeles County, Orange County, San Bernardino County, Antelope Valley County, and who are twenty-one (21) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Sponsor and its respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest.
WINNER SELECTION AND NOTIFICATION: On or about the day following each day of the Contest Period, Sponsor’s representatives will determine (in their sole discretion) the first five (5) entrants to correctly answer all the multiple-choice questions from the previous day. Each of these entrants will be declared a potential winner. Sponsor’s computer shall be the official timekeeper of the Contest.
Sponsor will notify winners by email. Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within twenty-four (24) hours of such notification. Noncompliance within this time period will result in disqualification, and an alternate potential winner may be selected from the remaining eligible entries. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and an alternate potential winner may be selected from the remaining eligible entries at Sponsor’s sole discretion. Limit one (1) prize per family or household.
PRIZE: There will be one hundred fifteen (115) prizes awarded (each a “Prize”), each consisting of the following: admittance for winner (“Winner”) and one (1) guest (“Guest”) to a secret Shiny Toy Guns Concert, whose time and location will be revealed by Sponsor to Winner (the “Performance”). Winners will be given the location of the Locals Only concert and a codeword, which will grant them access to the event. Admittance cannot be transferred or resold and has no Estimated Retail Value. Details of Prize will be determined by Sponsor in its sole discretion, including location of seats at Performance. Sponsor reserves the right to substitute a similar Prize (or Prize element) of comparable or greater value in their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. Prize cannot be redeemed for cash and is valid only for the item detailed above, with no substitution of Prize by Winner. If Prize is unclaimed, it will be forfeited, and, at Sponsor’s sole discretion, an alternate Winner may be selected from the remaining eligible entries. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person producing the Performance, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Performance is subject to change. The Performance is subject to cancellation. If Winner chooses to attend the Performance with no Guest, Sponsor’s Prize obligation to Winner shall be considered fully satisfied and no additional compensation will be awarded. If Winner chooses to bring a Guest, Guest must be twenty-one (21) years of age or older and may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Contest Documents, or Guest portion of Prize will be forfeited.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including attendance at the Performance and any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbclosangeles.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsor, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest at Sponsor’s sole discretion.
ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from the Contest any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer or wireless device relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsor reserves the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsor reserves the right to select Winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.nbclosangeles.com. Sponsor may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, 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.
WINNER ANNOUNCEMENT: For the names of the Winners, available after February 28, 2009, visit www.nbclosangeles.com, or send a self-addressed, stamped envelope to be received by March 31, 2009, to: “Locals Only Secret Events Contest,” 30 Rockefeller Plaza, New York, NY 10112.