WTVJ/NBC 6 Miami - Ultimate Honeymoon Giveaway Contest 2008 |
| [August 11, 2008] – [September 21, 2008] |
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not increase chances of winning. Void outside the WTVJ terrestrial geographic viewing area (defined below) and where prohibited. WTVJ/NBC 6 Miami - Ultimate Honeymoon Giveaway Contest 2008 (“Contest”) begins on [August 11, 2008] at 12:00:01 A.M. and ends on [September 21, 2008] at 11:59:59 P.M. (“Contest Period”). All times in the Contest refer to Eastern Time. TO ENTER: To enter, access the Contest website at www.nbc6.net (“Web Site”) and click on the Contest icon. Complete and thereafter submit the entry form, which includes then complete and thereafter submit the entry form, which includes your name, your fiancée's/fiancé’s name, email address, password of your choice, telephone number (including country and area code), address, city, state, zip code, your wedding date, and an essay in the English language discussing why you and your fiancée/fiancé should win the "Ultimate Honeymoon." All entries become the property of WTVJ, 15000 SW 27th Street, Miramar, FL 33027; and NBC Universal, Inc., 3000 West Alameda Avenue, Burbank, CA 91523 (collectively, “Sponsors”), and American Airlines, 901 Ponce de Leon Blvd. Suite 600, Coral Gables, Fl 33143; Romantik Hotels & Restaurants, GmbH & Co. KG, Hahnstrasse 70, 60528 Frankfurt, Germany; Elite Island Resorts, 1065 South West 30th Avenue, Deerfield Beach, FL 33442; Air Travel Marketing Services, Inc., 20803 Biscayne Blvd, Suite 401, Aventura, Fl 33180; Barbados Tourism Authority, 6100 S Falls Circle Drive, Suite 311, Fort Lauderdale, FL 33319; [INSERT ADDITIONAL PRIZE SUPPLIER INFO.] (“Prize Suppliers”) and will not be acknowledged or returned. Your essay must be original (that is, written by you) and must be no more than one hundred (100) words in length. If your essay exceeds one hundred (100) words, only the first one hundred (100) words will be judged. Entrants grant Sponsors the non-exclusive, royalty-free, irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the essays and to incorporate them in other works in any and all markets and media, whether now known or hereafter developed, throughout the universe in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors, and that the Sponsors' reproduction, publishing, displaying, and/or other use of the essays will not infringe on any rights of third parties, including, but not limited to, copyright, trademark, privacy, or publicity rights, anywhere in the world. Entrants agree that Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Essays. Essays must not include materials (language, phrases, quotations, etc.) belonging to or copyrighted by third parties, and such Essays will be disqualified. Essay must not have been previously published, performed, or otherwise exhibited. Essays must not contain the name of any fictitious character(s) or any person other than that of entrant and entrant's fiancée/fiancé, unless such person has consented in writing to such use. [Essays must be truthful and its content must be factually accurate.] Essays must not contain or depict any objectionable, unlawful, defamatory, obscene, sexually-explicit, threatening, abusive, harassing, hateful, discriminatory, threatening, or vulgar material and must be otherwise fit for publication/posting/uploading, as determined by Sponsors in their sole discretion. Essay must not contain any material that infringes upon any personal, proprietary, or any other right of any third party. Essay must not contain the last name, phone number(s), address, or email address of any person, including that of the entrant and entrant's fiancée/fiancé. Essays must not contain any references to alcoholic beverages, tobacco, drug paraphernalia, firearms, or any description or representation thereof. Essay must not contain any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation. Essay must not contain any material that: (a) would give or threaten to give rise to criminal or civil liability; (b) encourages conduct that constitutes a criminal offense; or (c) encourages or provides instructional information about illegal activities Entries must be received before [September 21, 2008] at 11:59:59 P.M. to be eligible for the Contest Limit one (1) entry per couple (entrant and his/her fiancée/fiancé) during the Contest Period. Multiple entries received from any person or email address beyond this limit will be disqualified. Entries generated by a script, macro, or other automated means will be disqualified. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at Sponsors' and/or any other entity's servers), are void and will not be accepted. In case of a dispute as to the identity of the person who submitted a specific entry, Sponsors may, in their sole discretion, deem the entry to have been made by the authorized account holder of the email address submitted at time of entry, according to the records of the email service provider. Entry constitutes permission (except where prohibited by law) to use name, city, state, likeness, image, and/or voice of entrant and his/her fiancée/fiancé for purposes of advertising, promotion, and publicity without additional compensation. Essays that are not reasonably pertinent to the judging criteria (described below), as determined by Sponsors in their sole discretion, or are otherwise in violation of these Official Rules will be disqualified. Essays that include obscenities or objectionable material, that defame or invade the publicity or privacy rights of any person (living or deceased), or that otherwise infringe upon any third party's personal or proprietary rights, as determined by Sponsors in their sole discretion, will be disqualified. Entrants will have the opportunity to receive information from WTVJ/NBC6 Miami and selected partners by checking the appropriate box. If, at any time, you no longer wish to receive materials from WTVJ/NBC6 Miami and selected partners, please go to our privacy policy, located at http://www.nbc6.net/privacy/index.html, and follow the procedures indicated. ELIGIBILITY: Entrant and his/her fiancée/fiancé must both be (a) permanent, legal U.S. residents who are located and residing in the WTVJ/NBC6 terrestrial geographic viewing area in the counties of Monroe, Miami-Dade, and Broward in the state of Florida (“Geographic Area”); (b) twenty-one (21) years of age or older as of [August 11, 2008]; (c) unmarried as of [August 11, 2008] and during the Contest Period (entrant and his/her fiancée/fiancé may become married to each other after [September 21, 2008]); (d) engaged to each other at all times during the Contest Period (entrant and his/her fiancée/fiancé may become married to each other after [September 21, 2008]); (e) legally eligible to be married to each other under the laws of the State of Florida during the Contest Period; and (f) must have either a valid social security number and/or a valid U.S. personal tax identification number. Officers, directors, and employees of Contest Entities (as defined below); members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses); and/or persons living in the same households as such persons (whether or not related thereto) are ineligible to enter the Contest Entities, as referenced herein, shall include Sponsors, Internet Broadcasting Systems, Inc., Prize Suppliers, and their respective parent, subsidiary, and affiliate companies and administrative, advertising, and promotion agencies and any other entity involved in the development, administration, promotion, or implementation of the Contest. WINNER SELECTION AND NOTIFICATION: Preliminary Judging: Four (4) finalists will be selected by Sponsors and/or their representatives from all eligible entries received during the Contest Period on or about [September 21, 2008]. Sponsors reserve the right, in their sole discretion, to select fewer than four (4) or no finalists or extend the Contest Period if an insufficient number of eligible, complete, tasteful, appropriate, or generally qualified entries are received. Essays will be judged based upon the following criteria: 1) compelling original story (25 points); 2) composition (25 points); 3) clarity of expression (25 points); and 4) writing skills (25 points). Each essay will receive a score based on one hundred (100) total possible points ("Judging Score"). The four (4) entrants who submitted an essay that receives one of the four (4) highest scores will be declared finalists (“Finalists”), subject to verification of eligibility and compliance with the Official Rules. In the event of a tie, the entrant whose essay receives the higher score for "compelling original story" will be declared a Finalist. In the event of a further tie, the entrant whose essay receives the higher score for "composition" will be declared a Finalist. In the event of a further tie, the entrant whose essay receives the higher score for "clarity of expression" will be declared a Finalist. In the event of a further tie, the entrant whose essay receives the higher score for "writing skills" will be declared a Finalist. In the event of a further tie, Sponsors in their sole discretion shall choose a Finalist based on an evaluation of which essay is superior overall taking all categories into consideration. NOTIFICATION OF POTENTIAL FINALISTS: On or about [September 23, 2008], Sponsors' representatives will make three (3) attempts to notify each Finalist by phone (at the phone number provided on that Finalist's entry). Each Finalist will be required to return a completed, signed, and notarized affidavit of eligibility, release of liability, and (except where prohibited) publicity release (collectively, "Finalist Documents"), and any other documentation required by Sponsors in their sole discretion, within two (2) days after such notification. Finalists may also be required to fax the completed Finalist Documents to Sponsors’ representatives within twenty-four (24) hours of receipt of these documents by each Finalist. Noncompliance within this time period will result in disqualification, and the entrant whose essay received the next highest score may, at Sponsors' sole discretion, be declared a Finalist. Faxed copies of the Finalists Documents will have the same force and effect as the original documents. Finalists will also be required submit an actual photo or submit a digital photo via email to the email address provided by Sponsors at the time of notification. Photographs submitted by each Finalist couple must not be a professional photograph and by submitting the photograph, the Finalist couple represents and warrants that it owns all rights to the photograph and gives Sponsors all rights without any monetary compensation to publish, broadcast, reprint and distribute photograph in any and all media in perpetuity for any purpose. If a Finalist cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, if his/her Finalist Documents are returned as undeliverable, such Finalist will be disqualified and the entrant that submitted the essay with the next highest score may be selected as an alternate potential Finalist. Finalists must be available to appear in studio at NBC6/WTVJ, 15000 SW 27th Street, Miramar, FL 33027, on [September 29, 2008] from 10:00 a.m. to 12:00 noon for the on-air announcement of the four (4) Finalists. Unavailability to appear at the studio on this date may result in disqualification, as determined at Sponsors' sole discretion. GRAND PRIZE VOTING/JUDGING: On or about [September 29, 2008], the essays from each of the four (4) Finalists will be posted on Web Site. Starting on or about 12:00:01 A.M. on [September 29, 2008], and ending at or around 11:59:59 P.M. on [October 12, 2008] (“Voting Period”) visitors to the Web Site will be allowed to vote for their favorite Finalist essay. During the Voting Period, eligible voters may go to www.nbc6.net/honeymoon (“Voting Web Page”), then complete and thereafter submit the voting form, which includes name, age, address, telephone number (including area code), email address, and the Finalist essay for which the voter would like to cast his/her vote. Finalist essays will be voted on by the public based upon the following suggested criteria: 1) compelling original story; 2) composition; 3) clarity of expression; 4) writing skills. Members of the public who are eighteen (18) years of age or older as of [September 29, 2008], and permanent, legal U.S. residents who are located and residing within the Geographic Area are eligible to vote. Each Finalist may vote for his/her own essay in accordance with these Official Rules. All votes must be submitted by 11:59:59 P.M. on [October 12, 2008]. Limit one (1) vote per person and/or per email address per day. Multiple votes received from any person or email address beyond this limit will be disqualified. Votes generated by a script, macro, or other automated means will be disqualified. Votes that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion (including, without limitation, at Sponsors' and/or any other entity's servers), are void and will not be accepted. Each Finalist will be assigned a score by Sponsors and/or their representatives based on the total number of votes received for his/her essay ("Voting Score"). Each essay's Voting Score will comprise forty percent (40%) of its final score. Each essay's Judging Score will comprise sixty percent (60%) of its final score. The Finalist whose essay receives the highest final score will be declared the winner, subject to verification of eligibility and compliance with these Official Rules. In the event of a tie, the Finalist whose essay receives the higher Judging Score for "compelling original story" will be declared the potential winner. In the event of a further tie, the Finalist whose essay receives the higher Judging Score in "composition" will be declared the potential winner. In the event of a further tie, the Finalist whose essay receives the higher Judging Score for "clarity of expression" will be declared the potential winner. In the event of a further tie, the Finalist whose essay receives the higher Judging Score for "writing skills" will be declared the potential winner. In the event of a further tie, Sponsors in their sole discretion shall choose the potential winner based on an evaluation of which essay is superior overall taking all categories into consideration. On or about [October 12, 2008], Sponsors' representatives will make two (2) attempts to notify the potential winner by phone (at the phone number provided on winner's entry). If potential winner cannot be reached or if his/her prize or prize notification is returned as undeliverable, the Finalist that submitted the essay with the next highest score may be selected the alternate potential winner, subject to verification of eligibility and compliance with these Official Rules, at Sponsors’ sole discretion. PRIZE: There will be one (1) prize (“Prize”) awarded. Winner and his/her fiancée/fiancé ("Guest") will select one (1) trip from the following three (3) choices (subject to Sponsors' approval): [Choice #1: A five (5) night all-inclusive stay for winner and Guest at the Veranda Resort and Spa in Antigua (“Antigua Trip”). Antigua Trip includes round trip, coach-class airfare aboard American Airlines from Miami International Airport to Antigua; breakfast, lunch and dinner daily; beverages; water sports; tennis; and various activities and weekly entertainment (exact activities and weekly entertainment to be determined by Prize Supplier in its sole discretion). Antigua Trip travel must be completed by December 31, 2009. The Approximate Retail Value ("ARV") of Antigua Trip is four thousand dollars ($4,000).] [Choice #2: A five (5) night Romantik honeymoon package for winner and Guest at the Romantik Jugendstilhotel Bellevue in Traben-Trarbach, Germany (“Germany Trip”). Germany Trip includes round trip, coach-class airfare aboard Air Berlin from Miami International Airport to Munich, Germany; deluxe double room accommodations, buffet breakfast, welcome cocktail upon arrival, five (5) dinners (including one (1) gourmet candlelight dinner), use of all spa facilities, and one (1) spa treatment per person. Germany Trip travel must be completed by December 20, 2009. The ARV of the Germany Trip is thirteen thousand six hundred and four dollars ($13,604).] [Choice #3: A seven (7)-night trip for winner and Guest to Barbados (“Barbados Trip”). Barbados Trip includes round trip, coach-class airfare (airline to be determined by Sponsors in their sole discretion) from Miami International Airport to Barbados and standard hotel accommodations (single room/double occupancy) at The Crane Hotel and Resort. For Hotel security reasons, visitors are not allowed to wear military fatigues/apparel of any kind. The ARV of the Barbados Trip is five thousand dollars ($5,000).] Sponsors reserve the right to substitute a similar prize of equal or greater value at their sole discretion. All taxes and all other expenses, costs, or fees associated with the acceptance and/or use of any prize are the sole responsibility of Winner. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If this Contest is terminated before the Prize is awarded, if any Prize is unclaimed, if any Prize notification is undeliverable, or in the event of noncompliance with any of these requirements, the Prize will be forfeited. If a Prize element is not available for any reason, the remaining elements of prize shall constitute full satisfaction of Sponsors' prize obligation to Winner and no additional compensation will be awarded. Unless otherwise indicated, travel must be completed within one (1) year of prize notification. Certain blackout periods and travel restrictions may apply. Travel and hotel arrangements to be determined by Sponsors in their sole discretion. Trip must be taken on dates and times designated by Sponsors or Prize will be forfeited. Once determined, no change, extension or substitution of trip date is permitted, except by Sponsors in their sole discretion. Winner and Guest must travel together on same itinerary. Prize consists only of the elements set forth above. No other trip or travel elements (including, without limitation, airfare, travel to and from airport, ground transportation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in the Prize, unless explicitly stated above. Tickets are non-refundable. Reservations are subject to availability. Tickets are not valid for business-related or group travel. Airline tickets are valid only for travel on airline chosen by Sponsors in their sole discretion. Tickets will be issued only to Winner and Guest. Tickets are not redeemable for cash and are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, and security charges. Once issued, tickets are nontransferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. Travel arrangements must be made through Sponsors. Winner and Guest must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Failure to do so will result in forfeiture of Prize. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors' control, and are not responsible or liable for any expenses incurred as a consequence thereof. Travel may not be combined with any other offer. All travel will be at the risk of Winner and Guest. ALL ELEMENTS OF PRIZE MUST BE REDEEMED AT THE SAME TIME. In the event of an act of God or an unforeseen, uncontrollable event, Sponsors reserve the right to reschedule all stays for a later date. The U.S. State Department requires all international travelers to present a government-issued passport for U.S. Customs re-entry after air, land, or sea travel. For more information, please visit the State Department's consular website at www.travel.state.gov or the U.S. Department of Homeland Security's website at www.dhs.gov. If Winner chooses to take the trip without Guest, then the remaining elements of the prize shall constitute full satisfaction of Sponsors' Prize obligation to Winner and no additional compensation will be awarded. Guest, if any, will be required to return completed, signed, and notarized releases of liability and, except where prohibited, publicity releases, which must be returned with Winner's Affidavit/Releases, or the Prize will be forfeited. Any depiction of Prize is for illustrative purposes only. All federal, state, or other taxes are the sole responsibility of the Winner. Winner will receive an IRS Form 1099 from the Sponsors for the total ARV of the Prize (for Winner and Guest), as stated above, in the calendar year the Prize was won. If winner and Guest are not able to travel on dates specified by Sponsors, an alternate winner may be chosen by Sponsors. Prize notification will be mailed/shipped to a street address within the Geographic Area only. CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that 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 Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on www.nbc6.net and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes without additional compensation, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final. Failure to comply with these conditions may result in disqualification from the Contest. ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners in a random drawing from among all eligible, non-suspect entries received at the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.nbc6.net. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). DISPUTES: THE CONTEST IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF ("JAMS RULES"). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY'S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF. NAME OF WINNING COUPLE: For the name of the Winner and his/her fiancée/fiancé, available after [October 12, 2008], visit www.nbc6.net/honeymoon, or send a self-addressed, stamped envelope to: Ultimate Honeymoon Giveaway Contest "NAME OF WINNER" P.O. Box 10877, Burbank, CA 91510. All requests must be received by December 12, 2008. ©2008 NBC Universal, Inc. All rights reserved. |