MARTHA WATCH AND WIN SWEEPSTAKES
OFFICIAL RULES
6/15/09 – 6/19/09
NO PURCHASE NECESSARY TO ENTER OR WIN. VOID OUTSIDE THE KXAS TERRESTRIAL GEOGRAPHIC VIEWING AREA AND WHERE PROHIBITED. The “Martha Watch and Win Sweepstakes (the “Sweepstakes”) is sponsored by NBC 5/ KXAS – TV, 3900 Barnett Street, Fort Worth, TX 76103
(“Sponsor”). The Sweepstakes will be run in conjunction with the television show “Martha” (the “Show”), which airs weekdays at 12:00 pm Central Time (“CT”) on KXAS. All times in this Sweepstakes refer to Central Time.
1. ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the KXAS terrestrial geographic viewing area in the counties of Cooke, Fannin, Lamar, Red River, Jack, Wise, Denton, Collin, Hunt, Delta, Hopkins, Palo Pinto, Parker, Tarrant, Dallas, Rockwall, Rains, Erath, Hood, Johnson, Ellis, Kaufman, Van Zandt, Comanche, Somervell, Hamilton, Bosque, Hill, Navarro, Henderson, Freestone, and Anderson in the state of Texas who are eighteen (18) years of age or older at the time of entry. Officers, directors, agents, and employees of Sponsor, and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, and their immediate family members (parent, child, spouse, sibling and their respective spouses, regardless of where they reside) and/or those living in the same household of each, whether or not related, are not eligible to participate in or win the Sweepstakes. Void where prohibited by law. All applicable federal, state and local laws apply.
2. SWEEPSTAKES PERIOD/HOW TO ENTER: The Sweepstakes will begin at 12:00 pm CT on June15, 2009 and end at 11:59 pm CT on June 19, 2009 (the “Sweepstakes Period”). The Sweepstakes consists of a total of five (6) Daily Drawings conducted on the five (5) days comprising the Sweepstakes Period. Each Daily Drawing will consist of: (i) a daily entry period (“Daily Entry Period”) that will begin at 12:00 pm on each day of the Sweepstakes Period (the “Daily Entry Period Start Time”) and will end on the same day at 11:59 pm (the “Daily Entry Period End Time”) as detailed in the chart below, and (ii) a random drawing (a “Daily Drawing”) conducted on the Daily Drawing date (the “Daily Drawing Date”) specified in the chart below from among all eligible entries received during each such Daily Entry Period. Five (5) daily winners will be selected in each of the four (4)Daily Drawings taking place between June 15-19, 2009, andsix (6) (five (5))daily winners and one Grand Prize (as defined below) will be selected in the Daily Drawing on June 15, 2009 for a total of five (5) winners throughout the entire Sweepstakes Period. Entries for each Daily Drawing must be received by the Daily Entry Period End Time for that particular Daily Drawing as specified in the chart below. Entries for the last Daily Drawing must be received by 11:59 pm on June 15, 2009. Limit of one (1) entry per person/email address per Daily Entry Period, for a total of five (5) entries during the entire Sweepstakes Period. Multiple entries received from the same person or email address beyond the above stated limits will void all such additional entries. Entries generated by script, macro or other automated means are void and 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, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning entry, Sponsors reserve the right to deem that the entry was made by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval. Normal time, toll, connection and usage rates, if any, charged by your Internet service provider will apply. All entries become the property of the Sponsors and will not be acknowledged or returned.
3.TO ENTER: To enter, watch the Show each day of the Sweepstakes Period between 12:00 pm CT and1:00 pm CT and look for each day’s unique “Daily Code Word,” which will be revealed during the Show. Then email the Daily Code Word, along with your name, address, telephone number, email address, and date of birth to win@nbcuni.com.
Once a Daily Entry Period has begun, participants may provide the corresponding Daily Code Word (and enter the Daily Drawing) until the end of such Daily Entry Period, as listed in the chart below. The Daily Code Word will also be posted on www.nbcdfw.com.
Daily Promotion Daily Entry Period Start Time Daily Entry Period End Time Daily Drawing Date
1 12:00pm CT on June 15, 2009 11:59pm CT on June 15, 2009 On or about June 16, 2009
2 12:00pm CT on June 16, 2009 11:59pm CT on June 16, 2009 On or about June 17, 2009
3 12:00pm CT on June 17, 2009 11:59pm CT on June 17, 2009 On or about June 18, 2009
4 12:00pm CT on June 18, 2009 11:59pm CT on June 18, 2009 On or about June 19, 2009
5 12:00pm CT on June 19, 2009 11:59pm CT on June 19, 2009 On or about June 20, 2009
4. RANDOM DRAWING/WINNER NOTIFICATION: Five (5) daily winners (“Daily Winners”) (i.e., five (5) winners per Daily Entry Period) will be selected in a random drawing on or about the Daily Drawing Date for that particular day’s drawing as specified in the chart above from among all eligible entries received during the corresponding Daily Entry Period by employees or representatives of Sponsor whose decisions are final and binding with respect to all matters related to the Sweepstakes. One grand prize winner (“Grand Prize Winner”) will be selected in a random drawing on or about June 19 , 2009 from among all eligible entries received during the corresponding Daily Entry Period by employees or representatives of Sponsor. A total of five(5) potential winners will be selected during the entire Sweepstakes Period. Odds of winning will depend upon the number of eligible entries received during each Daily Entry Period. Winning is subject to verification of eligibility and compliance with the terms of these Official Rules. Sponsor will make two (2) attempts to notify potential winners at the phone number and/or email address submitted at the time of entry. Potential winners may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsor’s sole discretion, an alternate potential winner may be selected. If potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified and at Sponsor’s sole discretion, an alternate potential winner may be selected. Non-winning entries from one Daily Entry Period will not be rolled over into the next Daily Drawing. Limit one (1) prize per family or household.
5. PRIZES: Each Daily Winner will receive Martha’s newest book “ Martha’s Cupcakes” (“Daily Prize”). One (1) Grand Prize Winner will receive a Grand Prize consisting of an expense paid weekend to Branson, Missouri.” (Airfare, hotel & tickets to a live-show) The approximate retail value (“ARV”) of each Daily Prize is twenty-five dollars ($24.99). The ARV of the Grand Prize is four hundred twenty-nine dollars ($1000). Total ARV for all Prizes is nine hundred twenty-nine dollars ($1024.99). Prize details will be determined by Sponsor in its sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of a Prize are the sole responsibility of each Winner. No transfer, substitution or cash redemption will be awarded in lieu of stated Prize except by Sponsor who reserves the right to substitute a Prize (or portion thereof) of comparable or greater value, at its sole discretion. If a Prize is unclaimed, it will be forfeited, and an alternate Winner may be selected from the remaining eligible entries. If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner, and no additional compensation will be awarded. Prizes will be awarded “as is,” with no warranty or guarantee, either express or implied by Sponsor.
6. CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes 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 Sweepstakes and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes 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.nbcdfw.com and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use (where legal); and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes 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 Sweepstakes at Sponsor’s sole discretion.
7. ADDITIONAL TERMS: Sponsor reserves the right to permanently disqualify from any promotion any person it believes has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsor, who may seek damages to the fullest extent permitted by law. The failure of Sponsor 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 Sponsor (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 Sweepstakes. 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. Sponsor reserves the right to cancel, modify, or suspend the Sweepstakes 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, Sponsor reserves the right to select a Winner in a random drawing from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension. Notice of such cancellation, modification, or suspension will be posted at www.nbcdfw.com. Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, 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, Sponsor, or Sponsor’s agents or representatives; or behaves in any other disruptive manner (as determined by Sponsor in its sole discretion).
8. WINNERS’ NAMES: For the names of the Winners, available after June 22, 2009, please send a postage paid envelope, to be received by July 1, 2009 , to “Martha Watch and Win Branson” Sweepstakes, 3900 Barnett Street, Fort Worth, TX 76103.
9. NO WARRANTIES: Sponsors make no warranties covering any of the prizes furnished as part of this Sweepstakes.
10. DISPUTES: THE SWEEPSTAKES 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 JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., 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. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF 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.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES OR TECHNICAL DIFFICULTIES WITH THE SYSTEM MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. SPONSORS’ REPRESENTATIVES ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
