Please read these Official Rules carefully before entering the The BBC America #HappyWholidays Decoration Photo Competition Official Rules (the “Competition”). NO PURCHASE NECESSARY TO ENTER.
The Competition is open only to legal residents of the United States and 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 and the decisions of the Sponsor, which are final and binding. Winning a prize is contingent upon fulfilling all requirements set forth herein in a timely manner.
Sponsor is launching a The BBC America #HappyWholidays Decoration Photo Competition Official Rules where two (2) winners will be selected to win a prize for Best Doctor Who inspired Holiday Decoration Photo.
5. ENTRY PERIOD
The Competition begins on Wednesday December 5, 2012 at 4 pm Eastern Standard Time (“EST”) and ends on Friday December 14, 2012 at 11;59 pm EST (the “Entry Period”). Entries received prior to or after the 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 the Entry Period, users will post a photo of your Doctor Who inspired holiday decorations (each an “Entry”) via Tumblr http://www.tumblr.com using the #HappyWholidays tag (the “Site”). Each Entry must also include your name, age, address and telephone number. There is a limit of one (1) Entry per person. Subsequent entries will be void. The Entry must be an original work created by the entrant and shall not infringe the intellectual property rights of a third party. The Entry (a) must not contain elements deemed derogatory, libellous, or obscene, and (b) must not violate or trespass on the property rights or other rights of another individual or entity. An entrant’s violation of either (a) or (b) as determined by Sponsor in its sole discretion shall disqualify the entrant. Entrant’s participation in the Competition shall be subject always to the limitations of liability outlined in clause 13 below. The Entry will not be returned and will become the property of BBC America upon submission. However, copyright in the Entry will remain with the entrant to the extent permitted by law, subject to a perpetual, royalty-free, non-exclusive license to BBC America 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.
Entries will be reviewed and judged by qualified employees or agents of Sponsor (the “Judges”). The Judges will select a First Place and Second Place winner based on criteria established by the Judges. The decision of the Judges will be final.
Within twenty four (24) hours following the end of the Entry Period, the Sponsor will attempt to notify the two potential winners. If a potential winner does not respond within twenty-four (24) hours after the first attempt to contact him/her then the Sponsor will select an alternate potential winner in his/her place. This process will be continued throughout until eligible winners are selected. On or about Wednesday December 19, 2012 the Sponsor will announce the winners.
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, another winner will be selected as an alternate in his/her place. This process will be continued throughout until an eligible winner is able to complete the Required Filings.
The First Place winner will receive a gift pack of Doctor Who merchandise as outlined on bbcamerica.com/anglophenia (“Anglophenia”) which shall have an aggregate suggested retail price of Two Hundred One United States Dollars and Eighty Four Cents (US$201.84). The Second Place Winner will receive a gift pack of Doctor Merchandise as outlined n Anglophenia which shall have an aggregate suggested retail price of One Hundred Nine United States Dollars and Ninety Two Cents (US$109.92).
Each 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 if applicable must complete the Required Filings within fourteen (14) calendar days of being notified as outlined in clause 7 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(s) 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 and the name of the winner will be posted on the BBCAmerica.com website for up to ninety (90) days following the conclusion of the Competition.