Terms and Conditions

TERMS OF USE

Please read these Terms of Use carefully before using this site. By accessing the BBC America.com site, you signify your agreement with these Terms of Use, which take effect from the date on which you first use the site. If you do not agree with any of the below Terms of Use, do not use this site. New Video Channel America, LLC, operator of BBC America (“BBC”) reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms Of Use at any time and you agree to be bound by such modifications, alterations or updates. You agree that you are responsible for reviewing these Terms of Use on a periodic basis.

TRADEMARKS, COPYRIGHTS AND RESTRICTIONS

All material on this site, including, but not limited to, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by BBC or by other parties that have licensed their material to BBC (“Copyrights”). EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS OF USE, MATERIAL FROM BBCAMERICA.COM OR ANY WEB SITE OWNED, OPERATED, LICENSED OR CONTROLLED BY BBC (“BBC Web Sites”) MAY NOT BE COPIED, REPRODUCED, REPUBLISHED, UPLOADED, POSTED, TRANSMITTED, OR DISTRIBUTED IN ANY WAY. Modification of the materials or use of the materials for any other purpose is a violation of the Copyrights and other proprietary rights. For purposes of this Terms of Use Agreement, the use of any such material on any other Web Site or networked computer environment is prohibited. To the extent necessary, the BBC hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display, for home, noncommercial and personal use only, one copy of any material and/or software that you may download from this site, including, but not limited to, any files, codes, audio or images incorporated in or generated by the software (collectively the “Downloaded Material”) for use in association with the BBC America.com site only, provided, however, that you must maintain all copyright and other notices contained in such Downloaded Material. You acknowledge and agree that you may not store, sublicense, assign or otherwise transfer this license or the Downloaded Material and that no title to the Downloaded Material has been or will be transferred to you from BBC or anyone else. You also agree that you will not alter, disassemble, decompile, reverse engineer or otherwise modify the Downloaded Material.

LINKED SITES

The BBC America.com site contains links to third party web sites, including some sites with which BBC America may be affiliated. These linked sites are not under the control of BBC and BBC is not responsible for the content of the linked site or any link contained in the linked site. These links are provided for convenience only and the inclusion of the links does not imply any endorsement of the linked site by BBC. You access these sites at your own risk.

DISCLAIMER

The materials in BBC’s Web Sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, BBC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, compatibility, security and accuracy. BBC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that BBC’s Web Sites or the server that makes them available are free of viruses or other harmful components. BBC is not responsible or liable for any infections or contamination of your system or delays, inaccuracies, errors, or omissions arising out of your use of this site or with respect to the material contained on this site. BBC does not warrant or make any representations regarding the use or the results of the use of the materials in BBC’s Web Sites in terms of their correctness, accuracy, reliability, or otherwise. You (and not BBC) assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. The names, images and logos identifying BBC, the British Broadcasting Corporation, any affiliated company or third parties and their products and services are proprietary marks of BBC, any affiliated company or third parties. Nothing contained herein shall be construed as conferring by implication or otherwise any license or right under any trademark or patent of BBC, the British Broadcasting Corporation or any other third party. The material that you read in BBC’s Web Sites is provided solely for entertainment and promotional purposes. The entire risk as to the quality, accuracy, adequacy, completeness, correctness and validity of any material rests with you. The information and opinions expressed in Discussions, Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”) are not necessarily those of BBC or its affiliated or related entities or content providers and BBC makes no representations or warranties regarding that information or those opinions. Furthermore, neither BBC nor its affiliated or related entities or its content providers are responsible or liable to any person or entity whatsoever (including, without limitation, persons who may use or rely on such data/materials or to whom such data/materials may be furnished) for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character whatsoever based upon or resulting from any information or opinions provided in BBC’s Web Sites. Notwithstanding the foregoing, in no event shall BBC’s total liability to you for any and all claims, damages, losses, and causes of action (whether in contract or tort or otherwise) exceed the amount paid by you, if any, for accessing this site.

SUBMISSIONS

Although we welcome your comments to this site, which can be made by clicking on the ‘Contact Us‘ box on the home page or by accessing the following link http://www.bbcamerica.com, BBC does not accept unsolicited submissions for its shows, sites and other products. Therefore, you agree not to make any such submissions to BBC through this site or otherwise including story ideas, character ideas, plot suggestions, set or costume designs, or scripts. Notwithstanding the foregoing, if, in breach of these Terms of Use, you do send us a submission, you agree not to assert any ownership right of any kind in the submission (including, but not limited to copyright, trademark, unfair competition, moral rights, or implied contract) and you waive the right to receive any financial or other consideration in connection with such unsolicited submission including, but not limited to, credit. Any notes, message/billboard postings, ideas, suggestions, concepts or other material submitted will become the property of BBC throughout the universe and BBC shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised. While we appreciate your comments, BBC cannot make a guarantee that it will respond to your messages. When you submit material to BBC’s Web Sites, you agree that BBC has the right to publish the material for any type of use as outline above including promotional and advertising purposes.

RULES FOR DISCUSSIONS, BULLETIN BOARDS AND CHATROOMS

BBC is not responsible for any material posted on the Discussion Areas, Bulletin Boards, Chat Rooms, or other forums conducted on this site (“Forums”). You shall not upload, transmit, distribute or otherwise publish through such Forums any content which:

  • libels, defames, invades privacy or is obscene, pornographic, abusive, or threatening;
  • infringes any intellectual property right or any other right of any entity or person, including, but not limited to, violating anyone’s copyrights or trademarks;
  • advocates illegal activity; or
  • advertises or otherwise solicits funds or is a solicitation for goods or services. (collectively “Non-Approved Material”).

You agree to indemnify BBC for any and all claims, damages, losses, and causes of action arising out of your publication or transmittal of Non-Approved Material or your failure to comply with these Terms of Use. While BBC does not and cannot review every message posted by users in the Forums and is not responsible for the content of these messages, BBC reserves the right to delete, move, or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.

BBC Online will fully cooperate with any law enforcement authorities or court order requesting or directing BBC to disclose the identity of anyone posting any such e-mails or materials.

MODERATION

BBC America commissions the services of a 3rd party moderator who regularly “sweep” the message boards and delete messages that violate the Terms of Service.

We do ask that our users do not:

  • Post personal information (yours or anyone else’s), including, but not limited to, last names, phone numbers and e-mail addresses
  • Impersonate anyone (another user, an artist, a celebrity, an BBC employee, etc.)
  • Make personal attacks on other users
  • Make libelous, defamatory, obscene, pornographic, threatening, abusive or harassing comments
  • Post advertisements or solicitations of services or goods
  • Post chain letters
  • Post unauthorized copyrighted material
  • Use language or make statements that endorse drug abuse, alcohol abuse, illegal activities or hatred
  • Post off-topic information
  • Flood a message board or chat room with repetitive posts
  • Post other information that BBC America decides (in its sole discretion) is inappropriate for the site
  • Include hyperlinks
  • Post anything that includes vulgar, obscene or indecent language or images

BBC America reserve the right to suspend discussion board accounts for violations of these guidelines.

JURISDICTIONAL ISSUES

Unless otherwise specified, the materials in BBC Web Sites are presented solely for the purpose of entertainment and promoting programs, films and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by BBC from its offices within the State of Maryland, United States of America. BBC makes no representation that materials in BBC’s Web Sites are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. No software from this site may be downloaded, exported or reexported into (or to a national or resident of) any countries that are subject to U.S. export restrictions.

This agreement shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such State. Any action you, any third party or BBC bring to enforce this agreement or, in connection with, any matters related to this site shall be brought only in either the state or Federal Courts located in the borough of Manhattan, New York, and you expressly consent to the jurisdiction of said courts. If there is any conflict between these Terms and Conditions and rules and/or specific Terms of Use appearing on this site relating to specific material then the latter shall prevail. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by BBC.

If any of these Terms and Conditions should be determined to be illegal, invalid or otherwise unenforceable by reasons of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent possible and within the jurisdiction in which that term or condition is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions, and the remaining Terms and Condition shall survive, remain in full force and effect and shall continue to be binding and enforceable.

DENIAL OF ACCESS

BBC, for any reason and at its sole discretion, may decide that any person shall be denied access to any BBC Web Site (a “Denial”). The sending of an e-mail notice by BBC to any e-mail address used by the person who is the subject of a Denial shall constitute complete and sufficient notice of the Denial. By agreeing to these Terms of Use, you agree to cease and desist immediately from any attempt to access any part of any BBC Web Site upon issuance to you of a Denial. If you do not so cease and desist, you hereby consent to an injunction, to be entered against you by a court of competent jurisdiction as provided in these Terms of Use, permanently restraining you from attempting to access any BBC Web Site.

DIGITAL MILLENNIUM COPYRIGHT ACT

The Online Copyright Infringement Liability Limitation Act, 17 U.S.C. § 512 (a part of the Digital Millennium Copyright Act), permits a service provider to designate an agent to receive notification of certain claimed infringements of copyright. BBC has accordingly designated such an agent and, in doing so, provided the following information to the United States Copyright Office.

  • Full Legal Name of Service Provider: New Video Channel America, LLC
  • Alternative Names of Service Provider: BBC America, bbcamerica.com
  • Name of Agent Designated to Receive Notification of Claimed Infringement: Vernon G. Chu, General Counsel
  • Telephone Number of Designated Agent: 212-705-9300
  • Facsimile Number of Designated Agent: 212-705-9338
  • Email Address of Designated Agent: vernon.chu@bbc.com

The United States Copyright Office’s Directory of Service Provider Agents for Notification of Claims of Infringement may be consulted at http://www.loc.gov/copyright/onlinesp/list/index.html

PRIVACY POLICY

This Privacy Policy (policy) describes how we maintain and treat your personal information and both our and you rights to personal information you provide to us or that we obtain in connection with our Site. At BBC America, we are committed to protecting your privacy rights. While no data transmission over the Internet is 100% secure from intrusion, we have used and will continue to use commercially reasonable efforts to ensure the protection of your personal information. We will not share your personal information with any unaffiliated third party without your prior consent. HOW WE COLLECT AND USE INFORMATION When we use the term “personal information” we mean information such as your first/middle initial or name and last name, street address, town or city, state, zip code, telephone number, instant-messenger nickname, blog or other personal website URL, date of birth, e-mail address and any other information that would allow someone to identify you or contact you. Personal information also includes information about your personal preferences, survey responses and your relationship with us, if you have provided this type of information to BBC America.

We collect personal information on our visitors in various ways, including: registering for forums; commenting; mobile; newsletter; readers’ offers; sweepstake entry forms; or feedback, research or request forms. You will have the right to opt-out (unsubscribe) of receiving marketing e-mails or messages from us at any time by responding to that e-mail and using the “unsubscribe” or opt-out procedure included in that communication.

From time to time, we may use your personal details for these main purposes:

  1. to complete requests for services or information (including password and username retrieval) and to keep our records up-to-date;
  2. to tell you by telephone, mail or e-mail about special promotions and current or new programs, and products that you may be interested in;
  3. to enable other people or businesses to carry out our work on our behalf;
  4. where you have given us your permission, to pass your information to selected organizations to allow them to tell you about their special offers or products and services that may be of interest to you; and
  5. to manage our promotions and competitions and contact the winners.

We may group together statistical information to understand more about our visitors in order to improve our range of programs and services and help manage our relationships with advertisers. When this is done, we only provide anonymous information and do not disclose personal information about any individuals.

To fulfill some of the above processes we may have to pass your information to other parts of the BBC group of companies inside and outside the United States and/or the European Union. They will, of course, treat your information with the same respect that we do.

HOW WE APPLY OUR POLICY

In order to put our policy into practice, we follow eight guidelines:

  1. We will ensure our systems are reasonably secure to protect your personal information from misuse;
  2. We will respect your privacy rights in the way that we contact you, whether by mail, telephone, e-mail or text message;
  3. We will not hold your personal information for longer than is necessary for our purposes;
  4. We will not sell, trade, or rent your personal information to other people or businesses unless we have your consent. With your consent, we will only share your information with third parties we believe are reputable and trustworthy.
  5. We will comply promptly with any instructions from you to update your information;
  6. We will comply with lawful requests to disclose personal information to certain authorities (e.g., the police);
  7. We may monitor and record any telephone calls to ensure we follow your instructions correctly and to improve our service.
  8. We will provide necessary personal information to law enforcement and other government officials if we know, suspect or have reason to believe you are violating any laws or regulations or the rights of any other party or our Website Terms.

CHILDREN

If you are a minor, you must have your parent or guardian’s permission before you provide personal information to us. We do not collect any personal information without this permission.

This Site is not being made available to users less than 13 years of age. If you are not yet 13 years old, please discontinue using the Site immediately. INFORMATION GATHERED ON OUR WEBSITES We may gather personal information from our Site and any other of our own websites for use under this policy. We will comply with the BBC’s Online Editorial Guidelines, available online at www.bbc.co.uk/guidelines.

COOKIES

Where advertisements appear on this website, we use a third-party advertising company to serve those ads. That company may use information (not including your name, address, email address or telephone number) about your visit to this website in order to provide advertisements about goods and services that may be of interest to you. In the course of serving advertisements or otherwise in connection with your use of our Site, we or our third-party advertiser may place a small bit of information on your computer commonly referred to as a “cookie.” A cookie is a text file which identifies your computer to our server. Cookies do not in themselves identify the individual user, just the computer used. We will not collect and store personal information using the cookie, although we may use a cookie to monitor your visit and ensure that you are presented with appropriate information. If you wish, you can prevent acceptance of cookies by your internet browser, although this will impair your use of our Site. Further information on cookies is available online at: www.aboutcookies.org.

In addition we may use a service which collects data remotely by using so called “pixel tags”, “web beacons”, “clear GIFs” or similar means (collectively “Pixel Tags”) embedded in The Site’s content. A Pixel Tag is an electronic image, often a single pixel (1×1) that is ordinarily not visible to Site visitors and may be associated with cookies on the visitors’ hard drive.

The use of technology by third parties is within their control and not ours and even if we have a relationship with the third party, we do not control them or their policies and practices regarding your personal information. This policy does not cover any use of personal information that a third party advertiser or ad server or any other party may collect or obtain from you.

If you would like more information about the cookies used by our third-party advertiser and to know your choices about not having this information used by this company, visit click here.

LINKS TO OTHER WEBSITES

Our websites, including the Site, may include links to non-BBC web sites. These are outside our control and not covered by this policy. If you access those websites via the links, use of those websites will be in accordance with the privacy policy of those site operators, which may differ from our policy.

ACCURACY AND ACCESS TO YOUR PERSONAL INFORMATION

It is your responsibility to give us current, complete, truthful and accurate information and to keep the personal information that you provide to us up to date. We cannot and will not be responsible for any problems or liability that may arise if you do not give us accurate, truthful or complete information or if you fail to update the information you give us. You can always change the personal information that we hold and it is free to do so. If you wish to change any details then please e-mail or write to us at the address below; or if you are an internet customer through your online account.

You can request a copy of the personal information that we may hold by writing to us at the address below.

Children under the age of 13 who register or attempt to register on the Site are in violation of the Website Terms and parents (including legal guardians) who wish to terminate such child’s membership must send us an e-mail and provide us with your child’s User ID and request to terminate your child’s account and registration. We will not allow direct access to a user’s account and personal information by any person without the user’s User ID. If a parent does not have his or her child’s User ID, the parent will be required to send an e-mail to us that includes the parent’s name, address, telephone and e-mail address, in addition to the child’s name and e-mail address as registered on the Site, plus the child’s date of birth. The parent must also provide verifiable identification that they are the parent of the ineligible child. We will send a confirming e-mail to the parent via the e-mail address provided to verify that the parent wishes to terminate his or her child’s account and registration. The parent must then confirm by sending a reply e-mail to the designated return address. We will then terminate the child’s account but will notify the child of the termination request via e-mail and will identify the name, address and e-mail address of the person making the request.

CHOICE/OPT-OUT

You can send an email to us via “Contact Us” form located at http://www.bbcamerica.com/viewer_relations.jsp in order to do the following:

  • removing your personal information from our database in order to stop receiving future communications from our Site; or
  • informing us of changes to the personal information you have previously provided so we can correct or update the information we hold

CHANGES TO THIS POLICY

We may change this policy at any time in our sole discretion, including the need to keep up to date with changes in legislation.

QUESTIONS ABOUT YOUR RIGHTS

Your California Privacy Rights

If you are a resident of the State of California, under the California Civil Code, you have the right to request from companies conducting business in California a list of all third parties to which the company has disclosed personal information during the preceding year for direct marketing purposes. Alternatively, the law provides that if the company has a privacy policy that gives either an opt-out (which we may sometimes refer to as “unsubscribe”) or opt-in choice for use of your personal information by third parties (such as advertisers or affiliated companies) for marketing purposes, the company may instead provide you with information on how to exercise your disclosure choice options.

The Site qualifies for the alternative option; it has a comprehensive privacy policy and provides you with details on how you may either opt-out or opt-in to the use of your personal information by third parties for direct marketing purposes. Therefore, we are not required to maintain or disclose a list of the third parties that received your personal information for marketing purposes during the preceding year.

If you are a California resident and request information about how to exercise your third party disclosure choices you must send a request to the following address with a preference on how our response to your request should be sent (e-mail or postal mail). Send an e-mail to the privacy administrator at vernon.chu@bbc.com, or you may contact us via regular mail at: General Counsel, Business and Legal Affairs, New Video Channel America, LLC, 1120 Avenue of the Americas, New York, NY 10036. All requests sent via regular mail must be labelled “Your California Privacy Rights” on the envelope or post card and clearly stated on the actual request.

For all requests, please include your name, street address, city, state, and zip code. (Your street address is optional if you wish to receive a response to your request via e-mail. Please include your zip code for our own record keeping.) We will not accept requests via the telephone or by facsimile. We are not responsible for notices that are not labelled or sent properly, or do not have complete information.

General

For non-California residents and all other users, if you have questions about our privacy policy or if you do not understand how we collect, maintain, use or share your personal information, you may contact Us directly by sending an e-mail to vernon.chu@bbc.com or write to: General Counsel, Business and Legal Affairs, New Video Channel America, LLC, 1120 Avenue of the Americas, New York, NY 10036

THE BBC AMERICA SOCIAL MEDIA GIVEAWAY RULES

Please read these Official Rules carefully before entering any giveaway event via the BBC America social media account located on twitter.com or tumblr.com (the “BBC America Account”) with each giveaway referred to herein as a “Giveaway”.

NO PURCHASE NECESSARY TO ENTER.

  1. ELIGIBILITY Each Giveaway 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 Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited by law.
  2. SPONSOR Each Giveaway is sponsored by New Video Channel America, LLC (d/b/a BBC America) 1120 Avenue of the Americas, Fifth Floor, New York, NY 10036 (the “Sponsor”).
  3. AGREEMENT TO OFFICIAL RULES Participation in a Giveaway constitutes entrant’s full and unconditional agreement to and acceptance of these Official Rules, the terms and conditions of twitter.com, 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.
  4. ENTRY PERIOD Each Giveaway shall begin at the date and time as instructed by the BBC America Account (each an “Entry Period”). Entries received prior to 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.
  5. ENTRY During an Entry Period, entrants will be asked to participate in an activity (e.g. re-tweet a particular message on Twitter) (each an “Entry”) as instructed by the BBC America Account. Any additional language included by the entrant in the Entry which is deemed derogatory, libelous, or infringes the rights of another user or third party as determined by Sponsor in its sole discretion shall disqualify the entrant.
  6. SELECTING A POTENTIAL WINNER The Sponsor will select a potential winner from the entries received for the particular Giveaway and select a winner based on the requirements provided by the BBC America Account (e.g. first ten entrants to re-tweet the message). The odds of being selected depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) within seventy-two (72) hours following completion of the Giveaway. If a potential winner does not respond within seventy-two (72) hours after the first attempt to contact him/her, the Sponsor will select the next place winner in his/her place at random from all entries received.
  7. REQUIREMENTS OF POTENTIAL WINNERS Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received. If a prize is valued at $600 or more or has been awarded prizes by the Sponsor, its parent company, or subsidiaries that are valued at $600 or more in the aggregate, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified.
  8. PRIZE(S) The awarded winner(s) (each a “Winner”) shall receive the prize as described by the BBC America Account for the particular Giveaway. 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 a Giveaway. 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.
  9. PRIVACY PRIVACY All information submitted as part of this giveaway will be treated in accordance with the Sponsor’s Privacy Policy and the Privacy Policy of the applicable social media platform (e.g. twitter.com) . By entering the Giveaway, an entrant agrees to receive promotional materials from the Sponsor. Entrants may opt-out of receiving promotional materials as set forth in the Privacy Policy.
  10. PUBLICITY Except where prohibited, participation in the Giveaway 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.
  11. GENERAL CONDITIONS In the event that the operation, security, or administration of any Giveaway 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 Giveaway to address the impairment and then resume the Giveaway 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 Giveaway 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 Giveaway 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 a twitter account as registered by that user with twitter.com.
  12. RELEASE AND LIMITATIONS OF LIABILITY By participating in any Giveaway, 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 Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway 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 Giveaway 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 Giveaway, 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.
  13. DISPUTES Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, a Giveaway 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 a Giveaway, 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.
  14. OFFICIAL RULES AND GIVEAWAY RESULTS A copy of these Official Rules will be included on BBCAmerica.com and the name of the winner will be posted on the BBC America Account following the conclusion of the Giveaway.

THE BBC AMERICA TRIVIA TEXT MESSAGE GIVEAWAY OFFICIAL RULES

Please read these Official Rules carefully before entering any giveaway event via the BBC America Text Message System (the “BBC America SMS”) with each giveaway referred to herein as a “Giveaway”.

NO PURCHASE NECESSARY TO ENTER.

  1. ELIGIBILITY
    Each Giveaway 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 Giveaway is subject to federal, state, and local laws and regulations and is void where prohibited by law.
  2. SPONSOR
    Each Giveaway is sponsored by New Video Channel America, LLC (d/b/a BBC America) 1120 Avenue of the Americas, Fifth Floor, New York, NY 10036 (the “Sponsor”).
  3. AGREEMENT TO OFFICIAL RULES
    Participation in a Giveaway 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.
  4. ENTRY PERIOD
    Each Giveaway shall begin at the date and time that a trivia question is sent by the BBC America SMS and shall continue for seventy two (72) hours (each an “Entry Period”). Entries received 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.
  5. ENTRY
    In order to qualify for the Giveaway each entrant must subscribe to the BBC America SMS by texting the message “DOCTORWHO” to short code 23000. At the beginning of the Entry Period, BBC America SMS will send a message containing a multiple choice trivia question to each subscriber. The entrant must respond back to the BBC America SMS with an answer to the Question. Each correct answer received by the BBC America SMS will qualify as an Entry to win a giveaway prize as selected by BBC America. There is a limit of one response per person, per cellular phone number, per Giveaway. Subsequent responses will be void.
  6. SELECTING A POTENTIAL WINNER
    The potential winner(s) will be selected randomly by the Sponsor from the Entries received during the applicable Entry Period. The odds of being selected depend on the number of eligible entries received and number of potential winners randomly selected for each Giveaway. The Sponsor will attempt to notify the potential winner(s) within seventy-two (72) hours following completion of the Giveaway. If a potential winner does not respond within seventy-two (72) hours after the first attempt to contact him/her, the Sponsor will select the next place winner in his/her place at random from all entries received.
  7. REQUIREMENTS OF POTENTIAL WINNERS
    Except where prohibited, a potential winner may be required to complete and return an affidavit of eligibility and liability/publicity release (the “Affidavit/Release”) within fourteen (14) calendar days of being notified. If a potential winner fails to sign and return the Affidavit/Release within the required time period, an alternate entrant will be selected in his/her place in a random drawing of all entries received. If a prize is valued at $600 or more or has been awarded prizes by the Sponsor, its parent company, or subsidiaries that are valued at $600 or more in the aggregate, the potential winner will be required to fill out and return a W-9 form within fourteen (14) calendar days of being notified.
  8. PRIZE(S)
    The awarded winner(s) (each a “Winner”) shall receive a prize selected from a collection of prizes (e.g. t-shirts, DVDs, Blu-ray discs, ITunes downloads, etc). Selection of the prize will be at Sponsor’s discretion.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 a Giveaway. 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.
  9. PRIVACY
    All information submitted as part of this giveaway will be treated in accordance with the Sponsor’s Privacy Policy. By entering the Giveaway, an entrant agrees to receive promotional materials from the Sponsor. Entrants may opt-out of receiving: (a) promotional materials by following the instructions set forth in the Privacy Policy and (b) text messages from BBC America SMS by replying “STOP” to the any BBC America SMS received text message.
  10. PUBLICITY
    Except where prohibited, participation in the Giveaway 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.
  11. GENERAL CONDITIONS
    In the event that the operation, security, or administration of any Giveaway 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 Giveaway to address the impairment and then resume the Giveaway 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 Giveaway 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 Giveaway 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 the cellular phone number used to enter will be deemed the entrant. The Authorized Account Holder is defined as the natural person who is assigned to a cellular phone number in the United States.
  12. RELEASE AND LIMITATIONS OF LIABILITY
    By participating in any Giveaway, 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 Giveaway or receipt or use of any prize, including, but not limited to: (a) unauthorized human intervention in the Giveaway; (b) technical errors related to computers, servers, providers, or telephone or network lines; (c) printing errors; (d) lost, late, postage-due, misdirected, or undeliverable mail; (e) errors in the administration of the Giveaway 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 Giveaway 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 Giveaway, 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.
  13. DISPUTES
    Except where prohibited, entrant agrees that any and all disputes, claims and causes of action arising out of, or connected with, a Giveaway 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 a Giveaway, 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.
  14. 14. OFFICIAL RULES AND GIVEAWAY RESULTS
    A copy of these Official Rules and the name(s) of the winners may be included on BBCAmerica.com following the conclusion of the Giveaway.
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