“’Waiting for Lightning’ Guitar Giveaway”
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “’Waiting for Lightning’ Guitar Giveaway” (the “Sweepstakes”) commences at 4:00:01 PM Eastern Time (“ET”) on December 3, 2012 and ends at 3:59:59 PM (ET) on December 10, 2012 (the “Sweepstakes Period”). All entries must be received by 3:59:59 PM (ET) on December 10, 2012.
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 such term is defined herein). Employees and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) of Viacom International Inc. (“Sponsor”), 42 West, and their respective parent companies, affiliated companies, sponsors, subsidiaries, advertising agencies, third party prize providers and third party fulfillment agencies, and their respective agents, employees, officers, directors, successors and assigns (collectively, with Sponsor, the “Released Parties”) are not eligible to enter 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.
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 Sponsor 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”) who will be randomly selected on or about December 11, 2012 from among all of the Eligible Entries received. Sponsor will make up to two (2) attempts over the twenty-four (24) hour period following selection of the Winner to contact the potential Winner via the telephone number(s) and/or email address(es) provided on his/her entry form. If the 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 forty-eight (48) hours of being notified as the potential Winner. In the event of non-compliance by the potential Winner such potential Winner shall be disqualified and all privileges otherwise due as the Winner shall be terminated and an alternate 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 forty-eight (48) hours 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 a 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 any Sweepstakes constitutes agreement to sign such releases. Winner also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prize and that the 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 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 a one (1) "Waiting for Lightning" guitar autographed by Danny Way (the “Prize).
The approximate retail value (“ARV”) of the Prize is $250.00 and the total ARV of all prizes to be awarded in the Sweepstakes is $250.00.
8. Prize Terms: Arrangements for the fulfillment of the Prize will be made by Sponsor. Sponsor is not responsible if a potential Winner is unable or unavailable to accept the Prize. The anticipated date for fulfillment of the Prize will be on or around February 28, 2012, but such date is subject to change in Sponsor’s sole discretion. All costs and expenses not specifically listed above are solely Winner’ responsibility. The value of the Prize may be taxable to the Winner as income. Winner must supply Sponsor with his/her social security number for tax purposes. An IRS Form 1099 may be issued in the name of the Winner for the actual value of the Prize received. Upon entry into the Sweepstakes, the Winner (as well as all other Entrants) are 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 the Winner’s responsibility. Sponsor shall have no responsibility or obligation to the Winner or any 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 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 web site, 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/or Winner. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, changes in Sponsor’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 NextMovie.com and the Prize may be awarded to an alternate Winner to be 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 WEB SITE 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. Entrants agree to indemnify and hold harmless the Released Parties from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Released Parties, and hereby acknowledge that said 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 the Prize, including express warranties provided exclusively by a prize that are sent along with the Prize.
- Request for Name of Winner and/or Official Rules: For the name of the Winner and/or Official Rules, send a self-addressed stamped envelope to:
Attn: “Waiting for Lightning Guitar Giveaway”
1515 Broadway, 8th Floor
New York, NY 10036
All requests for a copy of the Official Rules and for the name of the Winner must be made by February 11, 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. Sponsor: This Sweepstakes is sponsored by NextMovie, a brand of Viacom International Inc., 1515 Broadway, New York, NY 10036.