Cavs Viewer Appreciation 2019
NO PURCHASE NECESSARY TO ENTER OR WIN. PURCHASE DOES NOT INCREASE CHANCES OF WINNING. THE “FOX SPORTS OHIO VIEWER APPRECIATION NIGHT” SWEEPSTAKES PROMOTION (THE “PROMOTION”) AND ANY ADVERTISEMENT RELATING THERETO IS INTENDED FOR PARTICIPATION ONLY WITHIN THE UNITED STATES AND DISTRICT OF COLUMBIA (“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.
The “Fox Sports Ohio Viewer Appreciation Night” Sweepstakes Promotion OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING.
SWEEPSTAKES DESCRIPTION: The “Fox Sports Ohio Viewer Appreciation Night” Sweepstakes Promotion (the “Promotion”) is sponsored by Fox Sports Net Ohio, LLC, a Delaware limited liability company (“Sponsor”), located at 200 Public Square, 25th Floor, Suite 2510, Cleveland, Ohio 44114 and is related to Fox Sports Ohio’s coverage of the Cleveland Cavaliers’ professional basketball games and any ancillary programming related thereto. The Promotion consists of four (4) independent sweepstakes (each a “Sweepstakes” collectively, “Sweepstakes”), with one (1) Prizewinner (as defined in section 4) selected for each Sweepstakes. See Chart (as detailed in section 3) for each Sweepstakes’ Registration Period (as defined in section 2). The Promotion begins and ends April 7, 2019 (such entire period of time shall be referred to hereinafter as the “Promotion Period”). Four (4) prizewinners will be randomly selected to receive a Prize (as defined in section 5). Entry into a Sweepstakes does not constitute entry into any other Sweepstakes, promotion, sweepstakes, or contest. By participating in the Promotion, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final and binding in all matters relating to this Promotion.
1. ELIGIBILITY: ThePromotionisopentolegalresidentsoftheUnitedStatesandDistrictofColumbiawhoarethirteen(13)years of age or older at the time of entry and have an active account on twitter.com (“Twitter”). Obtaining a Twitter account is absolutely free. To obtain a Twitter account, go to www.twitter.com (the “Twitter Website”) and follow the instructions to create a Twitter account (“Twitter Account”). Void where prohibited by law. Officers, directors, and employees of Sponsor, The Cleveland Cavaliers, National Basketball Association and its related teams and entities, Fox Cable Network Services, LLC, Fox Entertainment Group, and The News Corporation, Inc., and each of their parent, subsidiary and affiliated companies, advertising, promotion, production services, fulfillment agencies, legal advisors, web masters, and web suppliers (collectively, the “Promotion Entities”) and each of their immediate family members (children, spouse, parents, siblings) and individuals residing in their same household, whether or not related are ineligible to enter the Promotion or win a Prize. Your Twitter Account will be governed by the Twitter terms of service, which are located at http://twitter.com/tos. Entrants should read the terms and conditions that apply to Twitter and/or any other third party services or applications that the entrants download or use in connection with this Sweepstakes. Sponsor is not responsible for the conduct of such third parties. This Sweepstakes is in no way sponsored, endorsed or administered by, or otherwise associated with Twitter. You understand that you are providing your information to Sponsor and not to Twitter. Twitter is not affiliated with this Sweepstakes in any way and Twitter is not responsible for the administration of the Sweepstakes or the awarding of Prizes. By participating in this Promotion, each entrant unconditionally agrees to abide by these Official Rules and the decisions of the Sponsor, which shall be final and binding in all matters relating to this Promotion. Eligibility determinations will be made by Sponsor in its sole discretion and such decisions shall not be subject to challenge or appeal. The potential prizewinner of any Sweepstakes may be required to show proof of residency.
2. WHEN TO ENTER: No purchase necessary to enter or win. The Promotion begins and ends April 7, 2019. Each of the four (4) Sweepstakes shall begin at the tip-off of each quarter of the April 7, 2019, Cleveland Cavaliers’ professional basketball game and shall end at the sound of the buzzer that signals the end of each quarter. Each Sweepstakes shall have one (1) Sweepstakes registration period (each a “Registration Period” collectively, “Registration Periods”), one (1) Sweepstakes hashtag (each a “Hashtag” collectively, “Hashtags”); and one (1) Sweepstakes prize (each a “Prize” collectively “Prizes”) as set forth in the chart below. All entries must be received by the end of each Sweepstakes’ applicable Registration Period in order to be eligible. Sponsor’s database clock shall be the official timekeeping device for all entries in this Promotion. Entry into one (1) Sweepstakes does not constitute entry into any other Sweepstakes or this Promotion.
3. HOW TO ENTER: No purchase necessary to enter or win. Making a purchase will not improve your chances of winning. A device with Internet access is required to participate in this Promotion. To be eligible for a Sweepstakes, during the Registration Period for the applicable Sweepstakes, each entrant must tweet the applicable official Sweepstakes Hashtags (as noted in the chart above) to @FOXSportsOH (the “Entry”). Each Twitter Entry must include the applicable Sweepstakes official hashtags (e.g., to be eligible for Sweepstakes 3, tweet #FSOThankYou3 #SPONSORED) and send directly to @FOXSportsOH. 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 @FOXSportsOH 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. Each eligible Entry will receive one (1) entry into the Sweepstakes. Only Twitter Entries will be deemed eligible. There is a limit of one entry per person throughout the entire Promotion Period. For purpose of clarity, entrants may only enter the Promotion one time.
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 Sponsor’s satisfaction) of being the authorized account holder may be required by Sponsor, in Sponsor’s 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 for this 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 this 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. Sponsor is 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.
4. WINNER SELECTION AND NOTIFICATION: Up to a total of four (4) Promotion prizewinners, one (1) for each Sweepstakes (each a “Prizewinner”, collectively “Prizewinners”) will be selected. At the end of the Registration Period for each Sweepstakes, one (1) potential Prizewinner will be selected in a random prize drawing from all eligible entries received. Determination of the Prizewinner for each Sweepstakes shall be made by Sponsor or its agent in their sole and absolute discretion, and such determination shall be final and binding. Each Prizewinner’s name will be selected from all eligible entries received throughout the applicable Sweepstakes’ Registration Period on or about April 9, 2019. Each potential Prizewinner may be notified via direct message on Twitter to the Twitter Account used to enter the Sweepstakes. The potential Prizewinner will be required to respond within one (1) day to Sponsor via Direct Message or any other method in which Sponsor in its 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 one (1) day of the initial attempt to notify such potential Prizewinner, the Prize may be forfeited and an alternate prizewinner may be selected in a random drawing from the remaining eligible entries received during the applicable Sweepstakes’ Registration Period. Sponsor 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 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 during the applicable Sweepstakes’ Registration Period. Sponsor shall have no liability for any Prizewinner notification that is lost, intercepted, or not received by any potential Prizewinner for any reason.
5. PRIZES/ODDS: Up to a total of four (4) prizes will be awarded. The Prize for each Sweepstakes along with the ARV of the applicable Sweepstakes prize is set forth in the chart noted in Rule #3 hereinabove. The ARV should all prizes be awarded in connection with this Promotion is Eight Hundred Dollars ($800). The Prizewinner for each Sweepstakes is solely responsible for all other expenses not specified herein as being awarded, including without limitation delivery, processing, and handling fees, transportation, parking, food and beverages, gratuities, and/or personal purchases. If applicable to any prize awarded herein, any Team Shop gift cards are subject to all terms and conditions generally applicable thereto and printed thereon and are non-transferable and will be deemed void if sold, transferred, auctioned or assigned to any third party. If the Prizewinner is unable to attend the concert on the date as noted in the Prize for the applicable Sweepstakes, then such Prizewinner will forfeit the Prize in its entirety. Odds of winning depend on the number of eligible entries received throughout the applicable Sweepstakes’ Registration Period.
6. GENERAL PRIZE RESTRICTIONS: All Minors (as defined in section 8) must be accompanied, at all times, by an adult. The potential Prizewinners are subject to verification. The Prizes are not redeemable for cash. No cash alternative or prize substitutions will be allowed except Sponsor reserves the right to substitute prizes of comparable value if a Prize listed is unavailable for any reason. The Prizes are non-assignable and nontransferable. If lost, the Prize awarded herein or any portion thereof will not be replaced. The Prize or any portion thereof will not be substituted, except at Sponsor’s sole discretion due to unavailability and then only for a prize of equal or
greater value except where prohibited by law. The 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 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 he or she otherwise might have received. In the event the Prizewinner or his or her guest engage in behavior that (as determined by Sponsor in its sole discretion) is obnoxious or threatening, illegal or that is intended to annoy, abuse, threaten any other person, Sponsor reserves 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 will be coordinated by a representative of Sponsor and the Prizewinners will receive further notification with details on how to claim the Prize. All details and other restrictions of the Prize not specified in these Official Rules will be determined by Sponsor in its sole and absolute discretion.
7. GENERAL PRIZE CONDITIONS: Prizes will be awarded only if the potential Prizewinner fully complies with these Official Rules. All details and other restrictions of the Prizes not specified in these Official Rules will be determined by Sponsor in its sole 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. 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”). If a Prizewinner is not of legal age of majority in his or her state of residence (a “Minor”) at Sponsor’s option, the applicable Prize either will be awarded in the name of the parent or legal guardian of the Prizewinner, or the parent or legal guardian of the Prizewinner will be required to ratify and sign Prize Claim Documents. The Prize Claim Documents must be returned within the time frame indicated on the documents. If the potential Prizewinner (or, in the case of a Minor, such Minor Prizewinner’s parent or legal guardian) 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.
Depiction of any Prize in any advertising, promotional materials may not reflect the actual prize delivered to the Prizewinner. Sponsor or its agents shall not be responsible for delays in delivery of any Prize or any portion thereof once it has been shipped by Sponsor or its agents. Prizewinners shall bear all risk of loss or damage to the Prize or any portion thereof after it has been delivered to the Prizewinner.
8. CONDITIONS OF PARTICIPATION: This Sweepstakes is subject to all applicable federal, state, and local laws. By entering the Sweepstakes, 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 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 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 or any portion thereof; 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.
9. IMPORTANT: PLEASE READ – GENERAL RELEASE AND LIMITATIONS ON LIABILITY. By entering the Sweepstakes, each entrant agrees that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; (b) 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 (c) 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 Sponsor, 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 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 errors or 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. Sponsor reserves the right, in its sole discretion, to disqualify any entrant it finds to be tampering with the Sweepstakes 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. Sponsor reserves the right to modify, extend, suspend, or terminate the Sweepstakes if Sponsor determine, 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 Sponsor’s 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 Sponsor is prevented from awarding Prizes 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., Ebola), order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence), then subject to any governmental approval which may be required, Sponsor shall have the right to modify, suspend, or terminate the Sweepstakes. If the Sweepstakes is terminated before the designated end date, Sponsor will (if possible) select a Prizewinner 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 Sponsor. 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.
10. 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 SPONSOR IN CONNECTION WITH THE PROMOTION OR IN CONNECTION WITH ANY SUBMISSION OR OTHER MATERIAL SUBMITTED IN CONNECTION WITH THE PROMOTION, 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 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 THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE RIGHT IS RESERVED TO SEEK DAMAGES TO THE FULLEST EXTENT OF THE LAW.
11. WINNER’S LIST/OFFICIAL RULES: Visit https://www.foxsports.com/ohio/story/cavs-viewer-appreciation-2019-032219 to view a copy of the Official Rules and https://www.foxsportsohio.com to view any legally required winner’s list. Any legally required winner’s list may be available for a period of thirty (30) days following the end of the Promotion Period. The Official Rules may not be available following the end of the Promotion Period.
12. SPONSOR: Fox Sports Net Ohio, LLC
200 Public Square, 25th Floor, Suite 2510
Cleveland, Ohio 44114