Please read these Official Rules carefully before entering any giveaway event via the BBC America website located at http://bbcamerica.com ( “Website”) with each giveaway referred to herein as a “Giveaway.”
NO PURCHASE NECESSARY TO ENTER.
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.
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 bbcamerica.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 and end at the date and time as instructed by the Sponsor on the Website (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.
During an Entry Period, entrants will log on to the Website where periodically the entrant will be asked to provide a caption response to a photo (each a “Caption”) as instructed by the Sponsor. The Caption shall be no longer than twenty five (25) words. Any Caption which is deemed derogatory, libellous, or infringes the rights of another user or third party as determined by 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.
6. SELECTING A POTENTIAL WINNER
Following the expiration of the Entry Period, a panel of judges will select a number of potential winners from all of the qualified entries received during the Entry Period (the “Potential Winners”). The number of Potential Winners will be as provided by Sponsor at the beginning of the Entry Period. Sponsor reserves the right not to award the prize, if in its sole discretion, does not receive a sufficient of eligible and qualified Captions. The odds of being selected as a Potential Winner depend on the number of eligible entries received. The Sponsor will attempt to notify the potential winner(s) within twenty four (24) hours following expiration of the respective Entry Period. If a potential winner does not respond within twenty four (24) hours after the first attempt to contact him/her, the Sponsor will select the next place winner in his/her place 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.
The awarded winner(s) (each a “Winner”) shall receive the prize as described by the Website 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.
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 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.
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.
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.
13. OFFICIAL RULES AND GIVEAWAY RESULTS
A copy of these Official Rules will be included on the Website and the name of the winner(s) will be posted on the Website following the conclusion of the Giveaway.