Please read these Official Rules carefully before entering the BBC America “iTunes Giveaway” (the “Competition”), via the Anglophenia blog located at http://blogs.bbcamerica.com/anglophenia (“Anglophenia”). NO PURCHASE NECESSARY TO ENTER.
The Competition is open only to legal residents of the fifty (50) United States (including the District of Columbia) who are eighteen (18) years of age or older at the time of entry. Employees of New Video Channel America, LLC, its parent company and subsidiaries, and its promotional partners, as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Competition is subject to federal, state, and local laws and regulations and is void where prohibited by law.
The Competition is sponsored by New Video Channel America, LLC (d/b/a BBC America) 1120 Avenue of the Americas, Fifth Floor, New York, NY 10036-6700 (the “Sponsor”).
3. AGREEMENT TO OFFICIAL RULES
Participation in the Competition constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, the terms and conditions of bbcamerica.com, and the decisions of the Sponsor in its sole discretion, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
The Sponsor is launching a user generated contest where visitors of Anglophenia have the opportunity to respond to a unique Doctor Who question (i.e. “Tell us: How would YOU use a sonic screwdriver in everyday life?”) (each a “Question”) for each of the six (6) weeks in order to qualify to win a particular prize.
5. COMPETITION PERIOD/ENTRY PERIOD
The Competition begins on December 4, 2012 when the first Question is posted on Anglophenia and ends four (4) days after the final Question is posted on Anglophenia (the “Competition Period”). The Competition Period contains six (6) individual and distinct periods beginning from the posting of that particular day’s “Doctor Who iTunes” blog and ending four (4) days later (each an “Entry Period”). There are a total of six (6) Entry Periods. Entries received prior to or after the Competition Period and/or each respective Entry Period will be disqualified. The use of any agencies or automated software to submit entries will void all entries submitted by that person.
During each Entry Period, users will log on to Anglophenia where the entrant will be asked to provide a caption response to the Question in the comments section of that particular day’s “Doctor Who iTunes” blog (the “Entry”). There is a limit of one (1) Entry per person per Entry Period for the Competition. Entries submitted after the four (4) days of the preceding Entry Period will be void. The Entry will not be returned and will become the property of the Sponsor upon submission. However, copyright in the Entry will remain with the entrant, subject to a perpetual, royalty-free, non-exclusive license to the Sponsor to edit, publish, make available, distribute, assign, sublicense or otherwise exploit the Entry throughout the world by means of any media, whether now known or hereafter invented. Any Entry which is deemed derogatory, libellous, or infringes the rights of another user or third party as determined by the Sponsor in its sole discretion shall disqualify the entrant. There is a limit of one (1) entry per person per email address. Subsequent entries will be void.
Entries will be reviewed and judged by a qualified employee or agent of the Sponsor (the “Editorial Judge”). Entries will be judged equally using the following criteria: (i) originality and (ii) quality of response (collectively, the “Criteria”). The Editorial Judge will select a group of three finalist based on the Criteria, from all qualified Entries received during each Entry Period (each a “Finalist”). The decision of the Editorial Judge for Entries selected as Finalists will be final. The Finalists will then be reviewed and judged by a panel of qualified employees or agents of the Sponsor (the “Panel”). The Panel will select one (1) potential winner based on the Criteria for each of the six (6) Entry Periods during the Competition. The decisions of the Panel will be final.
On or around January 14, 2013 the Sponsor will attempt to notify the potential winner for each respective Entry Period within forty-eight (48) hours of selection. If a potential Winner does not respond within forty-eight (48) hours after the first attempt to contact him/her, the Sponsor will attempt to notify an alternate potential winner selected in his/her place for that Entry Period. The process will continue until a potential winner responds to notification from the Sponsor.
8. REQUIREMENTS OF POTENTIAL WINNERS
Except where prohibited, a potential winner may be required to complete and return a notarized affidavit of eligibility and liability/publicity release and complete a W-9 form within fourteen (14) calendar days of being notified (collectively the “Required Filings”). If a potential winner fails to sign and return the Required Filings within the required time period, an alternate Finalist for the respective day will be selected in his/her place. This process will be continued throughout until an eligible winner is able to complete the Required Filings.
The winner of each Entry Period will receive one (1) prize as outlined in the blog post on Anglophenia containing the Question for each Entry Period (each a “Prize”).
The winner must be a resident of the United States and at least eighteen years of age or older at the time of the drawing and must complete the Required Filings within fourteen (14) calendar days of being notified as outlined in clause 9 above.
No cash or other substitution may be made, except by the Sponsor, who reserves the right to substitute a prize with another prize of equal or greater value if the advertised prize is not available for any reason as determined by the Sponsor in its sole discretion. The winner is responsible for all taxes associated with the prize. Once the winner has been selected and notified, the winner shall not be entitled to transfer or sell the Prize to any other third party, even in the event that such third party would otherwise have been entitled to enter the Competition. Should a winner sell or attempt to sell its Prize, the winner will be disqualified and Sponsor will select a new winner. The Prize is awarded “as is” and without warranty of any kind, express or implied, including, without limitation, any implied warranty of merchantability or fitness for a particular purpose.
Except where prohibited, participation in the Competition constitutes the winner’s consent to the Sponsor’s use of winner’s name, likeness, voice, opinions, biographical information, and state of residence for promotional purposes in any media without further payment or consideration.
12. GENERAL CONDITIONS
In the event that the operation, security, or administration of the Competition is impaired in any way for any reason, including, but not limited to fraud, virus, or other technical problem, the Sponsor may, in its sole discretion, either: (a) suspend the Competition to address the impairment and then resume the Competition in a manner that best conforms to the spirit of these Official Rules; or (b) award the prizes at random from among the eligible entries received up to the time of the impairment. The Sponsor reserves the right in its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of the Competition or to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Competition may be a violation of criminal and civil law, and, should such an attempt be made, the Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. The Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to any entry, the Authorized Account Holder of e-mail address used to enter will be deemed the entrant. The 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 (e.g., business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
13. RELEASE AND LIMITATION OF LIABILITY
BY PARTICIPATING IN THE COMPETITION, ENTRANTS AGREE TO RELEASE AND HOLD HARMLESS THE SPONSOR, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS (THE “RELEASED PARTIES”) FROM AND AGAINST ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF PARTICIPATION IN THE COMPETITION OR RECEIPT OR USE OF ANY PRIZE, INCLUDING BUT NOT LIMITED TO: (a) UNAUTHORIZED HUMAN INTERVENTION IN THE COMPETITION; (b) TECHNICAL ERRORS RELATED TO COMPUTERS, SERVERS, PROVIDERS, OR TELEPHONE OR NETWORK LINES; (c) PRINTING ERRORS; (d) LOST, LATE, POSTAGE-DUE, MISDIRECTED, OR UNDERLIVERABLE MAIL; (e) ERRORS IN THE ADMINISTRATION OF THE COMPETITION OR THE PROCESSING OF ENTRIES; OR (f) INJURY OR DAMAGE TO PERSONS OR PROPERTY WHICH MAY BE CAUSED, DIRECTLY OR INDIRECTLY, IN WHOLE OR IN PART, FROM ENTRANT’S PARTICIPATION IN THE COMPETITION OR RECEIPT OF ANY PRIZE. ENTRANT FURTHER AGREES THAT IN ANY CAUSE OF ACTION, THE RELEASED PARTIES’ LIABILITY WILL BE LIMITED TO THE COST OF ENTERING AND PARTICIPATING IN THE GIVEWAY, AND IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE FOR ATTORNEY’S FEES ENTRANT WAIVES THE RIGHT TO CLAIM ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, PUNITIVE, CONSEQUENTIAL, DIRECT, OR INDIRECT DAMAGES.
Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, the Competition or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the State of New York. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, entrant’s rights and obligations, or the rights and obligations of the Released Parties in connection with the Competition, shall be governed by, and construed in accordance with, the laws of the State of New York, without giving effect to any choice of law or conflict of law rules (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
15. OFFICIAL RULES AND COMPETITION RESULTS
A copy of these Official Rules will be included on BBCAmerica.com and the name of the winner will be posted on Anglophenia following the conclusion of the Competition.