Official Sweepstakes Rules
JAN 29, 2014 4:45p ET
THE “ULTIMATE FAN CAVE GIVEAWAY” SWEEPSTAKES
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE “ULTIMATE FAN CAVE GIVEAWAY” SWEEPSTAKES (THE “SWEEPSTAKES”) AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY BY LEGAL RESIDENTS OF THE STATE OF OHIO COUNTIES OF ASHLAND, ASHTABULA, CARROLL, CUYAHOGA, ERIE, GEAUGA, HOLMES, HURON, LAKE, LORAIN, MEDINA, PORTAGE, RICHLAND, STARK, SUMMIT, TUSCARAWAS, AND WAYNE (COLLECTIVELY, “TERRITORY”) AND SHALL BE CONSTRUED ACCORDING TO, AND GOVERNED EXCLUSIVELY BY CALIFORNIA STATE LAW. DO NOT PARTICIPATE IN THIS PROMOTION IF YOU ARE NOT A LEGAL RESIDENT OF THE TERRITORY PHYSICALLY LOCATED IN THE TERRITORY AT THE TIME OF ENTRY, OR DO NOT FALL WITHIN THE ELIGIBILITY REQUIREMENTS SET FORTH IN THESE OFFICIAL RULES. VOID WHERE PROHIBITED BY LAW.
1. SWEEPSTAKES DESCRIPTION: The “Ultimate Fan Cave Giveaway” Sweepstakes (the "Sweepstakes") is sponsored by Fox Sports Net Ohio, LLC, located at 9200 South Hills Boulevard, Suite 200, Broadview Heights, Ohio 444147 and DTV, Inc. located at 6505 Mayfield Road, Mayfield Heights, Ohio 44124 (each a “Sponsor” collectively “Sponsors”) and is administered by Mass Relevance HQ (“Administrator”) located at 800 Brazos Street, Suite 340, Austin, Texas, 78701. The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on February 9, 2014 and ends at 11:59 p.m. ET on March 1, 2014 (the “Sweepstakes Period”) and is related to Sponsor’s telecast of select professional basketball games and any ancillary programming or promotions related thereto. By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsors and/or Administrator, which shall be final and binding in all matters relating to this Sweepstakes, including without limitation eligibility determinations and shall not be subject to challenge or appeal.
3. WHEN TO ENTER: No purchase necessary to enter or win. The Sweepstakes begins at 12:00:01 a.m. Eastern Time (“ET”) on February 9, 2014 and ends at 11:59:59 p.m. ET on March 1, 2014. To be eligible for the Sweepstakes, all entries must be received by the end of the Sweepstakes Period. Sponsor’s database clock shall be the official timekeeping device for all entries received in this Sweepstakes.
4. HOW TO ENTER: A computer with internet access is required to participate in this Sweepstakes. To enter the Sweepstakes, during the Sweepstakes Period, tweet the official hashtag “#DANNYVEGHS” (the "Hashtag") to @FOXSportsOH (the “Twitter Handle”). Each Twitter Entry must include the Hashtag" and must be sent to the Twitter Handle in order to be eligible to enter the Sweepstakes or win the Prize Package (as defined below) If you post updates to or receive updates from Twitter via your wireless phone, standard message and data rates will apply. You can also follow @SportsTimeOhio, @FSOhioGirls, and @FOXSportsOhio on the Twitter Website. Check with your service provider for details. Be sure your account information is up to date because that information will be used to contact you if you are selected as a potential winner. A call-to-action will also be posted on Sponsor’s Facebook pages, located at https://www.facebook.com/FOXSportsOhio, https://www.facebook.com/FOXSportsOhioGirls, and https://www.facebook.com/SportsTimeOhio, inviting Sponsors Facebook followers to visit Sponsors’ Twitter Account to enter the Sweepstakes. Each eligible Entry will receive one (1) entry into the applicable Sweepstakes. Only Twitter Entries will be deemed eligible. To be eligible to enter the Sweepstakes, all entries must be
received by the end of the Sweepstakes Period. There is no limit on the number of times a person may enter; so, enter as often as you like.
Each entrant must provide a Twitter Account to be eligible. Proof of entering the required information is not considered proof of delivery to or receipt by Sponsor of entry into the Sweepstakes. In the event of a dispute regarding the identity of who actually submitted an entry, the entry will be deemed submitted by the “authorized account holder” of the Twitter Account supplied at the time of entry. The authorized account holder is defined as the natural person to whom the applicable Twitter Account has been assigned by Twitter. Proof (to Sponsors’ satisfaction) of being the authorized account holder may be required by Sponsors, in Sponsors’ sole and absolute discretion.
Note: Entry must be made by the entrant, only in the manner as set forth herein. All other methods of entry are considered void, including but not limited to entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified from the Sweepstakes. Multiple entrants are not permitted to share the same Twitter Account. Any attempt by any participant to obtain more than one (1) Entry by using multiple/different Twitter Accounts, identities, registrations or logins, or any other methods will be declared void and as such deemed ineligible for the Sweepstakes. Any entrant who attempts to repost the same tweet repeatedly will be deemed ineligible. The use of any device to automate the entry process is prohibited.
The Promotion Entities shall not be responsible for incorrect or inaccurate entry information whether caused by Internet users, wireless users, or by any of the equipment or programming associated with or utilized in the Sweepstakes or by any technical or human error, which may occur in the processing of the entries in the Sweepstakes. The Promotion Entities assume no responsibility or liability for any error, omission, interruption, deletion, theft or destruction, or unauthorized access to, or alteration of entries. Sponsors are not responsible for lost, incomplete, late, damaged, or misdirected entries, email messages; or other communications malfunctions; interrupted or unavailable network, server or other connections including those through and/or by the Website; miscommunications, failed computer hardware or software or other technical failures; garbled, lost, misrouted or scrambled transmissions; any error, omission, interruption, defect or delay in any transmission or communication; traffic congestion on the Internet or for any technical problem, including but not limited to any injury or damage to an entrant’s or any other person’s computer related to or resulting from participation in this Sweepstakes; printing or other errors appearing within these Official Rules or in any Sweepstakes-related advertisements or other materials; or other errors or problems of any kind whether mechanical, human, technical, electronic or otherwise.
5. DRAWINGS AND PRIZEWINNER NOTIFICATION: Up to a total of one (10) prizewinner will be selected. The potential prizewinner of the Sweepstakes will be selected in a random drawing from all eligible entries received during the Sweepstakes Period and will be notified via direct message on Twitter to the Twitter Account used to enter the Sweepstakes on March 3, 2014, using the contact information provided at the time of entry. Determination of the prizewinner of the Sweepstakes shall be made by Sponsor and/or Administrator or Sponsor’s agent in its sole and absolute discretion and such determination shall be final and binding. The potential Sweepstakes prizewinner will be required to respond within twenty-four (24) hours to Sponsor and/or Administrator via Direct Message or any other method in which Sponsor and/or Administrator in their absolute discretion deems appropriate with the required information. If any selected prizewinner cannot be reached by telephone and/or e-mail, or does not respond within twenty-four (24) hours of the initial attempt to notify such potential prizewinner, the Prize Package may be forfeited and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received during the Sweepstakes Period. Sponsors and/or Administrator will attempt to contact up to two (2) potential prizewinners in accordance with the above procedure, after which, the Prize Package may go unawarded if it remains unclaimed. If any potential prizewinner is found to be ineligible, or if he or she has not complied with these Official Rules or declines the Prize Package or any portion thereof for any reason prior to award, such potential prizewinner will be disqualified and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received during the Sweepstakes Period. Sponsors and/or Administrator shall have no liability for any prizewinner notification that is lost, intercepted, or not received by any potential prizewinner for any reason.
6. PRIZE/APPROXIMATE RETAIL VALUE (ARV)/ODDS: Up to a total of one (1) prize package will be awarded. The Sweepstakes prize shall consist of: (i) one (1) ping pong table; (ii) one (1) 40” LED High Definition television; and (iii) one (1) Fox Sports Ohio fan gear pack, which may include without limitation shirts, sweatshirts, and caps (collectively, “Prize Package”). The approximate retail value (“ARV”) for the Prize Package is One Thousand Four Hundred Dollars ($1,400).
All other Prize Package expenses not specified herein shall be the sole responsibility of prizewinner including, without limitation, delivery, processing and handling fees. Odds of winning depend on the number of actual eligible entries received throughout the entire Sweepstakes Period
7. GENERAL PRIZE RESTRICTIONS: The potential prizewinners are subject to verification. The Prize Package is not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsors and/or Administrator reserves the right to substitute prizes of comparable value if a prize listed is unavailable for any reason. The Prize Package is non-assignable and nontransferable. If lost, the Prize Package awarded herein or any portion thereof will not be replaced. The Prize Package or any portion thereof will not be substituted, except at Sponsors’ and/or Administrator’s sole discretion due to unavailability and then only for a prize of equal or greater value except where prohibited by law. Each prizewinner is solely responsible for the reporting and payment of any federal, state and/or local taxes on the prize received. If any potential prizewinner declines the Prize Package or any portion thereof, is found to be ineligible, or fails to comply with these Official Rules, such potential prizewinner may be disqualified and will forfeit the Prize Package he or she otherwise might have received. If applicable to the Prize Package or any prize awarded herein, in the event the prizewinner or his or her guest engage in behavior that (as determined by Sponsors in their sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsors reserve the right to terminate the applicable event in whole or in part, and send the prizewinners and/or his or her guests home with no further compensation. Upon verification of entrant’s win and compliance with these Official Rules, delivery of the Prize Package will be coordinated by a representative of Sponsors and/or Administrator and the prizewinners will receive further notification with details on how to claim the Prize Package. All details and other restrictions of the Prize Package or any prize not specified in these Official Rules will be determined by Sponsors in their sole and absolute discretion.
8. GENERAL PRIZE CONDITIONS: The Prize Package will be awarded only if the potential prizewinner fully complies with these Official Rules. All details and other restrictions of the Prize Package not specified in these Official Rules will be determined by Sponsors and/or Administrator in their sole and absolute discretion. The prizewinners shall be solely responsible for all federal, state and/or local taxes, and the reporting consequences thereof, and for any other fees or costs associated with the Prize Package. The potential prizewinners will be required to execute an Affidavit of Eligibility, a Liability Release, and where imposing such condition is legal, a Publicity Release (collectively, “Prize Claim Documents”). The Prize Claim Documents must be returned within the time frame indicated on the documents. If the potential prizewinner fails to return such documents within the prescribed time, or if a potential prizewinner is found to be ineligible, or if he/she does not comply with these Official Rules, then the potential prizewinner will be disqualified and an alternate prizewinner may be selected from the remaining eligible entries received throughout the Sweepstakes Period. Except where imposing such condition is expressly prohibited by law, the prizewinner’s entry and acceptance of the Prize Package constitutes permission for the Sponsors, Administrator and their agents to use said prizewinner’s name, photograph, likeness, statements, biographical information, voice, and city and state for all purposes and in all forms of media, in perpetuity, without further notice or compensation.
Depiction of the Prize Package or prizes in any advertising, promotional materials, or on the Website may not reflect the actual Prize Package or prize delivered to the winner. Sponsors, Administrator or their agents shall not be responsible for delays in delivery of any prize once it has been shipped by Sponsors, Administrator or their agents. Prizewinners shall bear all risk of loss or damage to the Prize Package or prize after it has been delivered to the prizewinner.
9. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. Each entrant hereby: (a) agrees that the Promotion Entities will have no liability whatsoever for, and shall be held harmless by participants against any liability for any injuries, losses or damages of any kind to person(s), including death, or property resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of the Prize Package or any prize or participation in this Sweepstakes or any Sweepstakes-related activity, or for any typographical or other error in the printing, offering or announcement of the Prize Package or any prize; (b) releases the Promotion Entities from all liability, claims, action, or proceedings relating to this Sweepstakes and from injuries or damages arising in connection with or relating to participation in this Sweepstakes, or use or misuse of the Prize Package or any prize; and (c) waives any right to claim ambiguity in the Sweepstakes or these Official Rules. This Sweepstakes may not be used for any form of gambling.
10. IMPORTANT: PLEASE READ - GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Sweepstakes, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, the Prize Package, or any prize awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased. Each entrant acknowledges and agrees that the Promotion Entities are not responsible for
any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected, or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsors, or otherwise, that may limit an entrant’s ability to participate in the Sweepstakes; (ii) incorrect or inaccurate information whether caused by internet users, or by any equipment or programming associated with or utilized in connection with this Sweepstakes and assume no responsibility for any error, omission, malfunction, interruption, deletion, defect, or delay in operation or transmission, communications line failure, theft, or destruction or unauthorized access to, tampering, or hacking; (iii) any injury or damage resulting from participation in the Sweepstakes and/or the use and/or misuse of the Prize Package and/or any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant’s rights of publicity or privacy); or (iv) the entrant’s claim that he or she has somehow been defamed or portrayed in a false light. Promotion Entities assume no responsibility for any damage to an entrant’s computer system, which is occasioned by accessing the Website, or participating in the Sweepstakes, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information. Sponsors reserve the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the entry process or operation of the Sweepstakes or to be acting in an unsportslike or disruptive manner, or with intent to threaten, abuse or harass any other person. Sponsors reserve the right to modify, extend, suspend, or terminate the Sweepstakes if it determines, in its sole discretion, that the Sweepstakes is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions or other causes beyond Sponsors’ control have destroyed or severely undermined or to any degree impaired the integrity, administration, security, proper play and/or feasibility of the Sweepstakes as contemplated herein. In the event Sponsors are prevented from awarding the Prize Package and/or any prize or continuing with the Sweepstakes as contemplated herein by any event beyond its control, including but not limited to fire, flood, natural or man-made epidemic of health of other means, earthquake, explosion, labor dispute or strike, act of God or public enemy, satellite or equipment failure, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, public health crisis (e.g., SARS), order of any court or jurisdiction, or other cause not reasonably within Sponsors’ control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsors shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsors will (if possible) select winner(s) in a random drawing from all eligible, non-suspect entries received as of the date of the event giving rise to the termination. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. These Official Rules cannot be modified or amended in any way except in a written document issued by a duly authorized representative of Sponsors. The invalidity or unenforceability of any provision of these Official Rules shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
11. GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES, OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSORS IN CONNECTION WITH THE SWEEPSTAKES OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE SWEEPSTAKES, SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE OFFICIAL RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN.
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR PARTICIPATION IN THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, ALL PRIZES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE PROMOTION ENTITIES HEREBY EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS. CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED BY SPONSORS TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
12. COPY OF OFFICIAL RULES/WINNERS LIST: To view the Official Rules, visit http://msn.foxsports.com/ohio/story/2014/01/29/official-sweepstakes-rules.html. To view any legally required winners’ list, visit www.foxsportsohio.com. Any legally required winners’ list may be available for a period of thirty (30) days following the end of the Sweepstakes Period. The Official Rules may not be available following the end of the Sweepstakes Period.
Fox Sports Net Ohio, LLC
9200 South Hills Boulevard, Suite 200
Broadview Heights, Ohio 444147
6505 Mayfield Road
Mayfield Heights, Ohio 44124
Mass Relevance HQ
800 Brazos Street, Suite 340
Austin, Texas, 78701