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'Chasing Mavericks' Giveaway Rules

Official Rules
“‘Chasing Mavericks’ Prize Giveaway”
Sponsored by
NextMovie

1. NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.

ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED.  ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED.

BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE OFFICIAL RULES, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE RELEASED PARTIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.

2. Entry Period:  “‘Chasing Mavericks’ Prize Giveaway” (the “Sweepstakes”) commences at 2:00:01 PM Eastern Standard Time (“EST”) on February 18, 2013 and ends at 1:59:59 PM (EST) on February 25, 2013 (the “Sweepstakes Period”). All entries must be received by 1:59:59 PM (ET) on February 25, 2013.

3. Eligibility: This Sweepstakes is open to legal residents of the fifty (50) United States and District of Columbia. Entrants must be at least thirteen (13) years of age or older at time of entry (the “Entrant(s)”). Entrants who have not yet reached the age of majority in the jurisdiction in which they reside will need to obtain permission from their parent/legal guardian in order to be declared the Winner (as defined herein) should they be selected as such during the random drawing. Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom Media Networks, a division of Viacom International Inc. (“VMN” or “Sponsor”), ThinkJam (“ThinkJam”), and each of their parent companies, divisions, affiliated companies, sponsors, subsidiaries, advertising agencies and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively, the “Released Parties”) are not eligible to enter or win the Sweepstakes. By participating in this Sweepstakes, Entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor, and by the decisions of Sponsor, which are final in all matters relating to the Sweepstakes; (b) release and hold harmless the Released Parties against any and all claims, injury or damage arising out of or relating to participation in this Sweepstakes and/or use or misuse or redemption of the Prize (as hereinafter defined); and (c) acknowledge compliance with these Official Rules.

4.   To Enter: Send an email to NextMovie@mtv.com and include your (a) name, (b) mailing address, (c) date of birth and (d) copy and paste the statement below in bold exactly as it appears in order to agree and acknowledge that you have accepted these Official Rules and the terms of VMN’s Nextmovie.com Privacy Policy and Terms of Use.

By sending this email, I accept and agree to: (1) the Official Rules of the “‘Chasing Mavericks’ Prize Giveaway” [http://www.nextmovie.com/chasing-mavericks-giveaway-rules] and (2) the Nextmovie.com Terms of Use [http://www.nextmovie.com/terms-of-use/] and Privacy Policy [http://www.nextmovie.com/privacy-policy/].

AN EMAIL IS INCOMPLETE AND WILL NOT BE CONSIDERED AN OFFICIAL ENTRY UNLESS ENTRANT HAS AGREED TO THESE OFFICIAL RULES AND VMN’S NEXTMOVIE.COM PRIVACY POLICY AND TERMS OF USE.

ENTRY INTO THIS SWEEPSTAKES SUBSCRIBES THE ENTRANT TO THE NEXTMOVIE UPNEXT NEWSLETTER. To UNSUBSCRIBE, entrant can click on the “Unsubscribe” link in the e-newsletter he/she receives or go to NextMovie.com’s Privacy Policy (http://www.nextmovie.com/privacy-policy/) and follow the instructions on how to unsubscribe.

As a condition of entering the Sweepstakes, Winner gives consent for Sponsor to obtain and deliver his/her name, address and other information to third parties for the purpose of administering this Sweepstakes, and to comply with applicable laws, regulations and rules.  Any information Entrants provide to Sponsor may be used to communicate with Entrant in relation to these Sweepstakes or on a Sweepstakes Winner’s list.

In the event of a dispute over who submitted a winning online entry the authorized subscriber of the e-mail account used to participate in this Sweepstakes at the actual time of entry, will be deemed to be the Entrant. The authorized account subscriber is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, education, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. All entries become the property of VMN and will not be acknowledged or returned.  All entries submitted in accordance with these Official Rules shall be collectively hereinafter referred to as the “Eligible Entries.” The odds of winning the Sweepstakes depend on the number of Eligible Entries received. Limit one (1) entry per Entrant.

5.  Winner Selection/Notification: There will be one (1) winner (the “Winner”), which will be randomly selected on or about February 26, 2013 from among all of the Eligible Entries received. VMN will make up to one (1) attempts over the twenty-four (24) hour period following the Winner’s selection to contact the potential Winner via the telephone number(s) and/or email address provided on his/her entry form. If a potential Winner cannot be reached during the twenty-four (24) hour period in which he/she is called (no messages will be left on answering machines or voicemail systems) or emailed, such potential Winner will be disqualified and an alternate Winner will be selected from among the remaining applicable Eligible Entries received, if time permits.

6. Winner Verification: Winner must prove eligibility, including, without limitation, proof of age and residence within three (3) days of being notified as a potential Winner. In the event of non-compliance by a potential Winner such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternative potential Winner may be chosen from among all of the remaining Eligible Entries received in Sponsor’s sole discretion, if time permits. Winner must sign (his/her parent/legal guardian must sign if Winner is a resident of a jurisdiction that deems him/her to be a minor) within three (3) days of receipt of such documents from Sponsor: (a) an affidavit of eligibility and release of Released Parties from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of any Prize or any portion thereof to be eligible for the Prize; and (b) except where prohibited by law, a promotional release granting Sponsor the right to use their name and likeness for advertising and publicity purposes without additional compensation. Entry into this Sweepstakes constitutes agreement to sign such releases in order to accept a Prize should such Entrant be selected as a potential Winner. Winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prize and that Winner will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prize. Winner must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the timeframe specified by Sponsor or such Winner may forfeit the Prize at Sponsor’s sole discretion. All decisions of Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Winner for creative or technical reasons or for any other reason Sponsor deems necessary.

7. Prize (1): The one (1) Winner will receive one (1) autographed surfboard by the cast of “Chasing Mavericks,” including Gerard Butler and several legendary pro surfers (collectively, the “Prize”).

The approximate retail value (the “ARV”) of the Prize is $625.00 and the total ARV of all prizes to be awarded in this Sweepstakes is $625.00. The date for fulfillment of the Prize will be on or around May 26, 2013, subject to programming requirements and such date is subject to change in Sponsor’s sole discretion.

8.      General Prize Terms:  Arrangements for the fulfillment of the Prize will be made by Sponsor. Sponsor is not responsible if any potential Winner is unable or unavailable to accept the Prize. All costs and expenses not specifically listed above, t to be used in connection with the Prize are solely Winner’s responsibility.  Winner may need to supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 may be issued in the name of Winner for the actual value of the Prize received. Upon entry into the Sweepstakes, Winner (as well as all other Entrants) is required to comply with any and all applicable federal, state, and local laws, rules, and regulations.  All federal, state and local taxes, and any other costs not specifically provided for in these Official Rules are solely Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner or potential Winner who is unable or unavailable to accept or utilize the Prize as described herein.

No substitution, transfer or cash equivalent of the Prize or any portion thereof permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.

9. General Terms: Noncompliance with any of these Official Rules may result in disqualification.  ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER OR ANY BEHAVIOR BY THE WINNER THAT WILL BRING SUCH WINNER OR SPONSOR INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.

Sponsor assumes no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes. Sponsor is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or at any website, or any combination thereof, including, without limitation, any injury or damage to participant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. Sponsor is not responsible for any typographical or other error in the printing of the offer, administration of the Sweepstakes, or in the announcement of the Prize and Winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, changes in VMN’s on-air programming, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.  Should the Sweepstakes be terminated prior to the stated expiration date, notice will be posted on the Sweepstakes website and the Prize may be awarded to Winner to be randomly selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted. Sponsor reserves the right in its sole discretion to disqualify any individual they suspect or find: (a) to have used a software-generated, robotic, programmed, script, macro or other automated online or text message entry; (b) to have tampered with the entry process or the operation of this Sweepstakes; (c) to be acting in violation of these Official Rules; (d) to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person; or (e) to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes. CAUTION:  ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.  THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK SHALL GOVERN THE SWEEPSTAKES.  EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THOSE COURTS.

BY ENTERING THE SWEEPSTAKES, ENTRANTS RELEASE AND HOLD HARMLESS RELEASED PARTIES FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, RIGHTS, CLAIMS, AND ACTIONS OF ANY KIND ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THE SWEEPSTAKES OR PARTICIPATION IN ANY SWEEPSTAKES-RELATED ACTIVITY (INCLUDING WITHOUT LIMITATION THE REMOVAL FROM THE SWEEPSTAKES WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS), OR RESULTING DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE, OR MISUSE OF ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES, INCLUDING WITHOUT LIMITATION PERSONAL INJURY, DEATH, AND/OR PROPERTY DAMAGE, AS WELL AS CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY.

IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, ARISING OUT OF ANY ACCESS TO AND/OR USE OF THE SWEEPSTAKES WEBSITE, THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THE SWEEPSTAKES WEBSITE, THE REMOVAL FROM THE SWEEPSTAKES WEBSITE OF, OR DISCONTINUATION OF ACCESS TO, ANY MATERIALS, OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF, OR PARTICIPATION IN, ANY PRIZE AWARDED IN CONNECTION WITH THE SWEEPSTAKES.  WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES, ALL PRIZES, AND ALL MATERIALS PROVIDED ON OR THROUGH THE SWEEPSTAKES WEBSITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10.     Request for Name of Winner and Official Rules:  For the name of the Winner and/or Official Rules, send a self-addressed stamped envelope to:

NextMovie

Attn:  “‘Chasing Mavericks’ Prize Giveaway”

1515 Broadway, 8th Floor

New York, New York 10036

All requests for a copy of the Official Rules and for the name of the Winner must be made by April  25, 2013.  Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the name of the “Winner”.  Vermont residents may omit return postage if requesting a set of Official Rules.

11.  Miscellaneous:  The invalidity or unenforceability of any provision of these Official Rules or any documents from the Sponsor will not affect the validity or enforceability of any other provision.  In the event that any provision of the Official Rules or any documents from the Sponsor is determined to be invalid or otherwise unenforceable or illegal, the other provisions will remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.  Sponsor’s failure to enforce any term of these Official Rules will not constitute a waiver of that provision.  When terms such as “may” are used in these Official Rules, Sponsor has sole and absolute discretion.  Entrants agree to waive any rights to claim ambiguity of these Official Rules. Headings are solely for convenience of reference and will not be deemed to affect in any manner the meaning or intent of the documents or any provision hereof.  In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes-related materials, privacy policy or terms of use on the Sweepstakes website and/or the terms and conditions of the Official Rules, the Official Rules shall prevail, govern and control and the discrepancy will be resolved in Sponsor’s sole and absolute discretion.

12.  Sponsor:  This Sweepstakes is sponsored by NextMovie, a brand of  Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, New York 10036.

 

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