Gas Card Sweepstakes
October 27, 2008-November 24, 2008
PRELIMINARY INFORMATION: No purchase necessary. Void outside the KNSD terrestrial geographic viewing area and where prohibited. Gas Card Sweepstakes (“Sweepstakes”) begins on October 27, 2008 at 12:00 am PT and ends on November 24, 2008 at 11:59 pm PT (“Sweepstakes Period”). All times in the Sweepstakes refer to Pacific Time. Odds of winning depend upon the number of eligible entries received.
TO ENTER: To enter, access the KNSD website at www.nbcsandiego.com and search for “Gas Card Sweepstakes”. Follow the directions provided to complete and submit the entry form, which includes your name, address, telephone number (including area code), email address, and date of birth. All entries become the property of KNSD, 225 Broadway, San Diego, CA 92101 and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and will not be acknowledged or returned. Entries must be received before 11:59 pm on November 24, 2008 to be eligible for the final Daily Drawing (as defined below). Entries must be received by 11:59 pm the day before a drawing to be eligible for the applicable drawing. You may enter once during the Sweepstakes Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known throughout the world in perpetuity without additional compensation, notification, permission, or approval.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are located in the KNSD terrestrial geographic viewing area (the county of San Diego in the state of California) and who are eighteen (18) years of age or older and the age of majority in their state of residence as of October 27, 2008. Officers, directors, and employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include Sponsors, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
WINNER SELECTION AND NOTIFICATION: Winners will be selected in daily random drawings (collectively, “Daily Drawings”) by employees of Sponsors from all eligible entries received by 11:59 pm on the day prior to the applicable Daily Drawing on or about the following dates:
Wednesday, October 29, 2008
Thursday, October 30, 2008
Friday, October 31, 2008
Monday, November 3, 2008
Tuesday, November 4, 2008
Wednesday, November 5, 2008
Thursday, November 6, 2008
Friday, November 7, 2008
Monday, November 10, 2008
Tuesday, November 11, 2008
Wednesday, November 12, 2008
Thursday, November 13, 2008
Friday, November 14, 2008
Monday, November 17, 2008
Tuesday, November 18, 2008
Wednesday, November 19, 2008
Thursday, November 20, 2008
Friday, November 21, 2008
Monday, November 24, 2008
Tuesday, November 25, 2008
Winners will be announced on-air between 5:00 am and 7:00 am PT on NBC 7/39 News in the Morning on or about each weekday immediately following the date of each Daily Drawing. Sponsors will make two (2) attempts to notify winner at the phone number and/or email address submitted at the time of entry. Winner will be mailed his or her prize after notification and subject to verification of eligibility. Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and an alternate winner may be selected from the remaining eligible entries. If winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, winner will be disqualified and an alternate winner may be selected from the remaining eligible entries. Limit one (1) prize per family or household. Non-winning entries will remain eligible to win in each subsequent Daily Drawing during the Sweepstakes Period.
PRIZE: There will be twenty (20) prizes awarded (collectively, “Prizes”), each consisting of the following: two (2) twenty-five-dollar ($25) gas cards (“Cards”). Cards are subject to terms and restrictions specified thereon. Estimated Retail Value (“ERV”) of each Prize is fifty dollars ($50). ERV of all Prizes is one thousand dollars ($1,000). Details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by winner. If Prize is unclaimed, it will be forfeited, and an alternate winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to winner, and no additional compensation will be awarded.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbcsandiego.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winner in a random drawing from among all eligible, non-suspect entries received prior to the occurrence of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.nbcsandiego.com. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules or acts 1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or 2) in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winners, available after December 5, 2008. visit www.nbcsandiego.com, or send a self-addressed, stamped envelope to be received by January 1, 2009 to: Gas Card Sweepstakes, KNSD, 225 Broadway, San Diego, CA 92101.