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+2008 AirPlay: NBCSports.com US Open Contest
NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR CLAIM A PRIZE. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
As a condition of participating in this Sweepstakes, entrant agrees to be fully and unconditionally bound by these Official Rules and the decisions of AirPlay Network, Inc. (“Sponsor”) and waive any right to claim ambiguity in the Sweepstakes or these Official Rules.
1. ELIGIBILITY
The 2008 AirPlay: NBCSports.com US Open Contest (the “Sweepstakes”) is open to all legal residents of the fifty (50) United States and the District of Columbia, eighteen (18) years of age and older as of June 12, 2008. SWEEPSTAKES IS VOID IN PUERTO RICO, THE U.S. VIRGIN ISLANDS, U.S. MILITARY INSTALLATIONS IN FOREIGN COUNTRIES and ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE RESTRICTED OR PROHIBITED BY LAW.
Employees of the USGA, NBC Universal, Inc. and AirPlay Network, Inc., and their parent and affiliate companies, and their suppliers as well as the immediate family (spouse, and parents, children and siblings, and their respective spouses regardless of where they live) and individuals living in the same households as the employee, whether related or not, of the above, are not eligible. The Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited or restricted by law.
2. HOW TO ENTER
The Sweepstakes begins 11:00 a.m. Pacific Time on Monday, June 9, 2008, and ends Sunday, June 15, 2008 at the completion of the U.S. Open (the “Promotional Period”). The sweepstakes consists of eleven (11) drawings, 10 of which correspond to the 10 scheduled events during the Promotional Period, and one which corresponds to overall participation during the entire Promotional Period (each an “Event” and together, the “Events”).
Events:
June 12, 2008
1. Round 1 Daily Challenge
2. Round 1 Morning Live Challenge
3. Round 1 Evening Live Challenge
June 13, 2008
4. Round 2 Daily Challenge
5. Round 2 Morning Live Challenge
6. Round 2 Evening Live Challenge
June 14, 2008
7. Round 3 Daily Challenge
8. Round 3 Live Challenge
June 15, 20089. Final Round Daily Challenge
10. Final Round Live Challenge
Overall
June 12, 2008 to June 15, 2008
11. Overall Participation Grand Prize
There are two (2) ways to enter:
(1) Automatic Entry –
An AirPlay customer will receive an entry into each of the Event sweepstakes drawings by playing the U.S. Open game during each of the U.S. Open Events from June 12, 2008 through June 15, 2008 and posting a score greater than zero (0) during each such Event. The customer will receive one (1) entry into the drawing for the Event in which the customer plays.
An AirPlay customer will receive an entry in to the Overall sweepstakes drawing by playing the U.S. Open game during the Promotional Period and posting a score greater than zero (0) during at least one (1) Event.
The U.S. Open game may be played at www.NBCSports.com, www.usga.com,
www.usopen.com or www.airplay.com. Only one entry is allowed per eligible AirPlay customer per Event. An eligible Airplay customer shall be deemed to be a person who is a registered AirPlay customer, not a person who is only playing as a “Guest.”
In the event of a dispute as to who submitted a particular entry, such entry will be deemed to be submitted by the primary person in whose name the AirPlay Live game is registered.
(2) By Mail –
To enter without purchase or obligation, a person may hand-print his/her name, email address, residence address, city, state, zip code, day and evening phone numbers (including area code) and the words “2008 AirPlay: NBCSports.com U.S. Open Contest" on a 3"x 5" card, and mail in a stamped #10 envelope, hand printed, to: 2008 AirPlay: U.S. Open Contest, AirPlay Network, 1 Rhode Island, San Francisco, CA 94103.
Each mail-in entry will deemed to be one (1) entry, and will be entered into all eleven (11) sweepstakes drawings. Mail-in entries must be postmarked no later than June 10, 2008, and be received by Sponsor no later than June 12, 2008, to be eligible for the drawing.
Only one mail-in entry per person. No mechanical reproductions permitted. Entries that are lost, late, illegible or incomplete for any reason will not be eligible.
Any form of entry other than those described herein is void. All entries, regardless of the method of entry, become the property of the Sponsor and will not be returned.
3. DRAWINGS AND ODDS OF WINNING
Winners of each Event:
At the conclusion of each Event, Sponsor will select two (2) winners. The first winner of each Event will be the player with the highest score for such Event. The second winner of each Event will be randomly selected by Sponsor from a pool of eligible entries consisting of all the mail-in entries and the non-winning AirPlay customer entries for the particular Event at issue. Sponsor’s decisions are final and binding in all respects. Limit of one (1) prize per person per Event.
In the event of a tie between AirPlay high score winners of any Event, Sponsor will select a winner or winners as follows:
(a) The player that scored highest in the “Range” interval of such Event will be declared the winner.
(b) If there remain players tied in the “Range” interval, then the player with the highest “Front” interval score will be declared the winner.
(c) If there remain players tied in the “Front” interval, the player with the highest “Back” interval score will be declared the winner.
(d) If there remain players tied in all three intervals, then all such players will be declared winners, and will each receive the prize for the Event in question. Sponsor’s decisions are final and binding in all respects.
Winner of the Overall Grand Prize:
At the conclusion of the Promotional Period, Sponsor will select one (1) winner. The winner will be randomly selected by Sponsor from a pool of eligible entries consisting of all the mail-in entries and the AirPlay customer entries from participation in any Event. Sponsor’s decisions are final and binding in all respects. Limit of one (1) prize per person per Event.
Odds of winning the overall grand prize drawing will depend on the number of eligible entries received during the Promotional Period.
4. PRIZES
Each of the two (2) winners of the Events listed below shall receive the following prize:
June 12, 2008
- Round 1 Daily Challenge - USGA Prize Pack
- Round 1 Morning Live Challenge - USGA Prize Pack
- Round 1 Evening Live Challenge - USGA Prize Pack
June 13, 2008
- Round 2 Daily Challenge - USGA Prize Pack
- Round 2 Morning Live Challenge - USGA Prize Pack
- Round 2 Evening Live Challenge - USGA Prize Pack
June 14, 2008
- Round 3 Daily Challenge - USGA Prize Pack
- Round 3 Live Challenge - USGA Prize Pack
June 15, 2008
- Final Round Daily Challenge - USGA Prize Pack
- Final Round Live Coverage - 42" 1080p LCD HDTV
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Each USGA Prize Pack has an approximate retail value (ARV) of $25 and each 42” 1080p LCD HDTV has an approximate retail value of $1,000.
The overall grand prize winner shall receive the following prize:
One (1) trip for two (2) to the 2009 U.S. Open, which consists of roundtrip coach airline travel for two (2) from the gateway airport nearest to winner’s residence to/from the 2009 U.S. Open at Bethpage State Park, Farmingdale, NY (there may be stops or plane changes in both directions), standard double-occupancy accommodation for one (2) night in a Farmingdale, NY area hotel of Sponsor’s choosing, roundtrip transportation between the Farmingdale, NY area hotel and U.S. Open course, and two (2) tickets for admission to the 2009 U.S. Open tournament for the 3rd and Final rounds. Winner will be asked to supply a valid, major credit card at hotel check-in to cover all expenses other than accommodations as outlined above. Winner is responsible for any other costs and expenses associated with the acceptance and use of the prize not specifically described above, including, without limitation, travel to/from your nearest gateway airport, meals and drinks, gratuities, telephone charges, incidentals and personal expenses.
Travel arrangements must be made through Sponsor's agent, on a carrier of Sponsor's choice. Certain travel restrictions may apply. The winner and his/her companion (who must be the age of majority in his/her state of residence or older and a legal resident of the U.S.) must travel all legs of all flights together on the dates noted above and on the same itinerary, or the prize will be forfeited. In addition, the winner and his/her travel companion are responsible for obtaining travel documents as well as travel insurance (and all other forms of insurance) that they may wish to obtain (at their own expense) and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. All expenses not specifically provided for by Sponsor in these rules are the sole responsibility of the winner. The prize is awarded "AS IS" and WITHOUT WARRANTY OF ANY KIND, express or implied, (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose) by Sponsor. There will be no substitution or compensation for the prize or part of it if it is forfeited due to winner's or winner's companion's breach of these rules. The right to receive the prize is non-assignable and non-transferable and no prize substitution, transfer, cash equivalent or exchange will be allowed except by Sponsor in its sole discretion.
Approximate retail value: $2500; however, actual value depends upon residence of winner.
Travel arrangements must be scheduled to occur by June 15, 2009. If the travel arrangements are not scheduled to occur by June 15, 2009, the prize will be forfeited.
The total approximate retail value (ARV) of all prizes:
18 x $25 USGA Gift Packs: $450.00
2 x $1000 42" 1080p LCD HDTV: $2000.00
1 x Grand Prize Trip to 2009 U.S. Open: $2500.00
Total ARV: $4950.00
Winners are responsible for the payment of all taxes on the prize.
Any required tax reporting forms will be furnished to the IRS.
5. WINNERS NOTIFICATION
All prize winners will be notified via the email address provided during registration. Email will direct winners to visit the Sponsor’s website located at www.airplay.com/PrizeCentral.tap (“The Prize Claim Website”) to complete a prize claim form.
All Game prize winners will be posted on Sponsor’s website located the Prize Claim Website no later than 24 hours after the end of the Promotional Period.
Winners will have five (5) days from the end of the Promotional Period to visit www.airplay.com/PrizeCentral.tap and fill out the “Prize Claim Form” to claim their prize. Any prize left unclaimed at the Prize Claim Website for more than five (5) days will be forfeited.
Winners may, at the option of the Sponsor, be required to complete and sign an Affidavit of Eligibility and Liability Release, where legal, a Publicity Release, and IRS Form W-9. Failure to complete such forms within seven (7) days of receipt of such request will result in forfeiture of the prize.
In the event of non-compliance with these rules, or if the prize or prize notification is unclaimed or returned as undeliverable, the prize will be forfeited.
Any forfeited prize, at Sponsor's discretion, may be awarded to an alternate winner.
6. PUBLICITY
Except where prohibited by law, by entering the Sweepstakes, as a condition of participating in this Sweepstakes, entrant agrees to the use by Sponsor, NBC Universal, Inc., the USGA and their designees of entrant’s name, photograph, likeness, statements, biographical information, voice and city and state address for advertising and promotional purposes for this and similar promotions, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
ENTRANTS FURTHER ACKNOWLEDGE THAT IF THEY ARE CHOSEN AS A WINNER, THIER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, PLACING ENTRANT’S NAME ON A WINNERS' LIST.
BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT (1) THE ENTRANT HAS OPTED-IN TO AIRPLAY’S PRIVACY POLICY ON THE SWEEPSTAKES ENTRY PAGE; AND (2) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO AIRPLAY'S PRIVACY POLICY AND TERMS OF USE.
7. LIMITATION OF LIABILITY
Sponsor is not responsible for: (1) stolen, lost, late, misdirected, damaged, undeliverable or incomplete, inaccurate, delayed, illegible entries due to technical, computer, mechanical, printing, typographical, human or other errors relating to or in connection with the Sweepstakes, including, without limitation, errors which may occur in connection with the administration of the Sweepstakes, the mailing or transmission of entries, notification or correspondence, the processing of entries, the announcement of the prizes or in any Sweepstakes related materials; (2) technical failures of any kind; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error that may occur in the administration of the Sweepstakes, the sending of entries or the processing of entries; or (6) any injury or damage to persons or property that may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes or receipt or use of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed, corrupted or for any other reason not accepted as an entry into the Sweepstakes, entrant's sole remedy is another entry in the Sweepstakes. Sponsor may rescind any Sweepstakes found to contain such errors or failures without liability at its sole discretion.
As a condition of participating in this Sweepstakes, entrant agrees to release, indemnify and hold harmless, the USGA Entities, AirPlay Network, Inc., NBC Universal, Inc. and their parent and affiliate companies, and their respective parent companies, subsidiaries, affiliates, prize suppliers, and advertising and promotion agencies of AirPlay Network, Inc., and all its affiliates, and each of their respective agents, representatives, officers, directors, shareholders and employees (collectively, "Releasees") from and against any injuries, losses, damages, claims, actions and any liability of any kind resulting from or arising from participation in the Sweepstakes or acceptance, possession, use, misuse or nonuse of the prize that may be awarded or for including any injury or for damage to entrant's or any other person's computer or wireless device relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes, or inability to access any web site or wireless service associated with this promotion, or any combination thereof. Entrants agree that the laws of the state of Nevada will govern any and all disputes. At the option of Sponsor, winners of any prize may be required to execute a Liability Release.
As a condition of participating in this Sweepstakes, entrant agrees that (1) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental, consequential, or any other damages, other than for actual out-of-pocket expenses; (2) all causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action; and (3) any and all claims, judgments, and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys fees. Sponsor reserves the right to modify prize award procedures.
If, in the Sponsor's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Sweepstakes, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Sweepstakes, the Sponsor reserves the right at its sole discretion to disqualify any individual who tampers with the entry process and or void any entries submitted fraudulently, to modify or suspend the Sweepstakes, or to terminate the Sweepstakes and conduct a random drawing to award the prizes using all eligible, non-suspect entries received for the applicable drawing as of the termination date. Any attempts by an individual to access any web site associated with this promotion via robotic, automatic entry devices, programs such as, but not limited to, by script, macro or any other automated means, or other unauthorized entry will void all such entries by such methods.
ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE AIRPLAY WIRELESS PLATFORM OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
8. NAMES OF WINNING ENTRANTS
For the names of the winners available, any person may mail a self-addressed, stamped envelope after June 15, 2008 to: 2008 AirPlay: NBCSports.com U.S. Open Contest, Airplay Network, 1 Rhode Island, San Francisco, CA 94103. Requests must be received no later than November 1, 2008.
9. ARBITRATION AND DISPUTES
As a condition of participating in this Sweepstakes, entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prizes awarded, or the determination of the winner shall be resolved individually, without resort to any form of class action exclusively by arbitration pursuant to the commercial arbitration rules of the American Arbitration Association, then effective. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waive all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or entrant’s rights and obligations or Sponsor's rights and obligations in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the laws of the State of Nevada, U.S.A., without giving effect to the conflict of laws rules thereof, and all proceedings shall take place in Nevada in the City of Las Vegas, County of Clark.
10. SPONSOR
AirPlay Network, Inc., 1 Rhode Island, San Francisco, CA 94103.
No telephone manufacturer or wireless carrier is a sponsor of this Sweepstakes and have no liability or responsibility for any claim arising in connection with participation in this Sweepstakes or any prize awarded.
11. OPT-OUT
If you do not wish to receive any further notices from Sponsor regarding sweepstakes offerings, send your name, address to: AirPlay Sweepstakes, Airplay Network, 1 Rhode Island, San Francisco, CA 94103. Attn: Opt-Out.
CONSUMER DISCLOSURE: NO PURCHASE OR OBLIGATION NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.
You have not yet won any cash prize, the actual odds of winning any prize will depend upon the total number of eligible entries received for the applicable drawing. All entries must be received by as indicated above to be eligible for that drawing. See Official Rules above for complete prize restrictions. Sponsored by AirPlay Network, 1 Rhode Island, San Francisco, CA 94103.
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