OFFICIAL RULES
NO PURCHASE NECESSARY to enter OR WIN IN THE “ROCK2NY SWEEPSTAKES” (“SWEEPSTAKES”). A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
WINNERS ARE RESPONSIBLE FOR TAXES ON PRIZES AND MAY BE REQUIRED TO SIGN TAX-RELATED DOCUMENTS BEFORE RECEIVING A PRIZE.
Entry into this Sweepstakes constitutes your acceptance of these Official Rules.
SWEEPSTAKES ENTRY DATES: Sweepstakes begins at 3:00 AM Eastern Time (“ET”) on 4/9/08 and ends at 11:59 PM ET on 5/9/08 (“Sweepstakes Entry Period”).
WHO MAY ENTER: Sweepstakes is open to all legal residents of the 50 United States and the District of Columbia age 18 and older (if the age of majority in a jurisdiction is different than 18, you must be of the age of majority within your jurisdiction to be eligible to enter). Employees (and their immediate families [spouse, parent, child, sibling and their respective spouses], regardless of where they reside or those living in the same households, whether or not related) of MediaFLO USA, Inc. (“Sponsor”), Qualcomm, Incorporated, NBC Universal (“Prize Provider”), Ventura Associates, Inc. (“Sweepstakes Administrator”), and their respective parents, affiliates, subsidiaries, prize supplier(s), content provider partners, distributors and advertising and promotion agencies (collectively, “Sweepstakes Parties”) are not eligible to win.
By participating in the Sweepstakes, each participant represents and warrants that he or she meets the eligibility requirements and acknowledges that failure to meet all eligibility requirements will disqualify participant from the Sweepstakes.
HOW TO ENTER: During the Sweepstakes Entry Period, visit www.flotv.com/30rock. shtml and follow all entry instructions to complete and submit the online entry form. Entries must be received between 3:00 AM (ET) on April 9, 2008 and 11:59 PM (ET) on May 9, 2008. Entrants are subject to all notices posted online including but not limited to privacy policy. Limit: One online entry per person or email address per day. For purposes of these Official Rules, "receipt" of an Entry occurs when Sponsor’s designated agent’s server records the Entry information resulting from clicking the "Submit Entry" button. Any automated computer receipt (such as one confirming delivery of email) does not constitute proof of actual receipt by Sponsor for purposes of these Official Rules. All Entries submitted become property of the Sponsor and will not be returned or acknowledged.
WINNER NOTIFICATION: Sweepstakes winner will be determined on or about May 11, 2008 in a random drawing conducted by the Sweepstakes Administrator whose decisions are final and binding on all matters. Winner will be notified by mail and/or email and at the Sponsor’s sole discretion, may be required to execute and return an Affidavit of Eligibility and Liability and, unless prohibited by law, Publicity Release (“Affidavit/Release”) as well as any other documents which may be required by Sponsor or the Sweepstakes Administrator, all of which must be received fully-executed within seven (7) days of date printed on notification or he/she may be disqualified. In the event it is determined that a winner has not complied with these Official Rules, or has failed to execute and return any required documents within the specified time period, or has made false statements or a prize notification is returned as undeliverable, then winner will be disqualified. Should a winner make any false statement(s) in any document required by Sponsor, winner will be disqualified and required to promptly return to Sponsor his/her prize. If a winner is disqualified for any reason, at Sponsor’s discretion, the prize will be forfeited and awarded to an alternate winner in a separate random drawing.
PRIZE & ITS APPROXIMATE RETAIL VALUE (“ARV”): One (1) Grand Prize: A 3-day/2-night trip for two to New York City, NY (ARV: $4,900). Grand Prize includes: roundtrip coach air transportation to New York City, NY for winner and one (1) guest from a major commercial airport nearest winner’s primary residence, two (2)-nights double occupancy standard hotel accommodations at a hotel of the Sponsor’s choice, round-trip ground transportation from New York City airport and hotel, 2 tickets for a VIP tour of NBC Studios and 30 Rockefeller Center at 30 Rockefeller Plaza, 2 tickets to The Top of the Rock Observation Deck, a dinner for 2 at the Rainbow Room (up to $500 value total), and $500 in spending money for winner only. The $500 will be awarded in the form of a check. Alcoholic beverages are not included in the dinner portion of prize. Unless specified herein, meals other than that mentioned herein, ground transportation other than that mentioned herein, hotel incidentals, gratuities, taxes or any other charges are not included in Grand Prize and are the sole responsibility of the winner. If winner resides within 150 miles of New York, NY, ground transportation may be substituted for air travel at the Sponsor’s discretion. Blackout periods and certain restrictions may apply. Winner and guest must travel on dates designated by Sponsor and on same itinerary, or forfeit all rights to prize. Travel must be completed by December 31, 2009. Trip must be booked at least thirty (30) days prior to departure. Once accommodations are booked, they cannot be changed by winner. If tour tickets are not available, or the winner chooses not to partake of tour(s), the Sponsor is under no obligation to winner other than to supply all elements of the prize minus the tour tickets. Winner and guest are responsible for obtaining proper documentation (e.g., valid photo ID) prior to travel. Guest of the Grand Prize winner must be 18 years of age or older at time of travel. A parent or guardian must accompany a traveling minor. Winner’s guest will be required to execute and return a Liability and Publicity Release (where permissible) prior to travel or will not be permitted to accompany winner on trip. Winner is responsible for all federal, state, and local sales and income taxes. No substitution for prize, except Sponsor reserves the right, in its sole discretion, to substitute a prize of equal or greater value. Prize is not transferable or redeemable for cash, except in the sole discretion of Sponsor. A winner is not a recipient of a prize until he/she has been verified or notified as a winner by the Sponsor or judges. All prize details are at Sponsor’s sole discretion.
ODDS: Odds of winning depend on the total number of entries received during the Sweepstakes Entry Period.
GENERAL CONDITIONS: Winning constitutes permission (except where prohibited by law) to use winner’s name, photograph, hometown, likeness, and prize won (all at Sponsor’s discretion) for future advertising, publicity in any and all media now or hereafter devised throughout the world in perpetuity, without additional compensation, notification, release, or permission. Sweepstakes Parties and their respective officers, directors, agents, representatives and employees (collectively, “”Released Parties”) are not responsible for lost, late, misdirected, damaged, stolen, altered, garbled, incorrect, incomplete or delayed entries, all of which will be void. Released Parties are also not responsible for problems uploading or downloading any Sweepstakes-related information or materials from the Website or for any other technical malfunctions of electronic equipment, computer on-line systems, servers, or providers, computer hardware or software failures, phone lines, failure of any Entry to be received by Sponsor on account of technical problems, traffic, congestion on the internet or the website, or for any other technical problems including telecommunication, miscommunication or failure, and failed, lost, delayed, incomplete, garbled or misdirected communications which may limit an entrant’s ability to participate in this Sweepstakes. Released Parties are not responsible for any other errors or malfunctions of any kind, whether network, printing, typographical, human or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or malfunctions which may occur in connection with the administration of the Sweepstakes, the processing or the reviewing or rating of entries, the announcement of prizes or in any Sweepstakes-related materials. Mass entries or entries generated by a script, macro or use of automated devices will be disqualified. Sponsor reserves the right to modify, suspend or terminate the Sweepstakes in the event it becomes infected by a computer virus or is otherwise technically impaired, and to cancel or suspend the Sweepstakes in its entirety should tampering, unauthorized intervention, fraud, technical failures or other causes corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes, and, if terminated, at Sponsor’s discretion, determine the winner using all non-suspect, eligible Sweepstakes entries received up to time of cancellation. In the event of a dispute regarding entries received from multiple users having the same e-mail account, the authorized subscriber of the e-mail account at the time of entry will be deemed to be the entrant and must comply with these Official Rules. Authorized subscriber is the natural person who is assigned the e-mail address by the Internet Service Provider (ISP), on-line service provider, or other organization responsible for assigning e-mail addresses. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be tampering with the entry process or the operation of this Sweepstakes or Website, intending to annoy, abuse, threaten or harass any other entrant, Sponsor or any of its representatives or to otherwise be acting in violation of these Official Rules and void all associated entries.
CAUTION: Any attempt by an entrant to deliberately damage any website or undermine the legitimate operations of the Sweepstakes is a violation of criminal and civil laws. Should such an attempt be made, the Sponsor reserves the right to seek damages from any such entrant to the fullest extent permitted by law and to disqualify such entrant from the Sweepstakes. Released Parties are not responsible for the actions of participants in connection with the Sweepstakes, including participants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Any attempt to cheat by creating fake profiles will be looked upon very seriously, and can result in immediate and permanent ban, and possible further action. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sweepstakes Administer may permanently disqualify any person it believes has intentionally violated these Official Rules. Sweepstakes subject to all federal, state and local laws and regulations. Void where prohibited by law. The Sweepstakes Administrator reserves the right, in its sole and absolute discretion, to disqualify any individual who is found to be, or suspected of, acting in violation of these Official Rules, or to be acting in an obscene, immoral or disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person.
SUSPENSION / MODIFICATION / TERMINATION: In the event the Sweepstakes Parties are prevented from continuing with the Sweepstakes by any event beyond their control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within their control (each a “Force Majeure” event or occurrence), the Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. The Sponsor reserves the right to modify, suspend or terminate the Sweepstakes without notice or by posting a notice on www.flotv.com, if in its sole and absolute discretion, it is determined that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or any Force Majeure event(s) has destroyed or severely undermined or impaired the integrity and/or feasibility of the Sweepstakes.
MISCELLANEOUS CONDITIONS: By participating in the Sweepstakes, entrants (i) agree to be bound by these Official Rules, including all eligibility requirements, and (ii) agree to be bound by the decisions of Sponsor and judges, which are final and binding in all matters relating to the Sweepstakes. Failure to comply with these Official Rules may result in disqualification from the Sweepstakes. Sponsor reserves the right to permanently disqualify any person it believes has intentionally violated these Official Rules. Sweepstakes is subject to all federal, state and local laws and regulations. Void where prohibited or restricted by law.
RELEASES: By entering the Sweepstakes, entrants agree to release and hold harmless the Released Parties from all claims, liability or damage caused or claimed to be caused, in whole or in part, directly or indirectly, in connection with participation in this Sweepstakes, or acceptance or use of any prize, the substitution of any prize in accordance with these Official Rules, the administration of the Sweepstakes, an entrant’s breach of Official Rules, the operation of the website or Released Parties’ use of any of the rights granted herein.
Privacy: Information collected from entrant is subject to Sponsor’s Privacy Policy at http://flotv.com/privacy.shtml. Information provided in a Sponsor opt-in will be provided to Sponsor and/or NBC Universal respectively and is subject to Sponsor’s privacy policy at http://flotv.com/privacy.shtml and for NBC Universal at http://www.universalstudios.com/privacy.html. Any requested opt-in consent is not required and will not increase your chances of winning.
Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant agrees that (1) any and all disputes and causes of action arising out of or connected with this Sweepstakes, or prize awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the entrant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of California, USA without regard to California choice of law rules.
Winners List: For the name of the winners (available after July 31, 2008), please send a self-addressed stamped envelope by July 31, 2008 to: Rock2NY Sweepstakes Winners List, c/o Ventura Associates Inc., Attn.: Customer Service/ Job #PE-2682, 1040 6th Avenue, 20th Floor, New York, NY 10018. SPONSOR: MediaFLO USA, Inc. 5775 Morehouse Drive, San Diego, CA 92121.
PRIZE PROVIDER: NBC Universal, 3000 W. Alameda Avenue, Suite P250, Burbank, CA 91523.
SWEEPSTAKES ADMINISTRATOR: Ventura Associates, Inc., 1040 Avenue of the Americas, New York, NY 10018.