The "Heroes Countdown
Special and Party" Sweepstakes
Official Rules
No purchase necessary to
enter or win. The ÒHeroes Countdown Special and Party" Sweepstakes (the
"Sweepstakes") begins at 12:00:00 a.m. Pacific Time (ÒPTÓ) on August
27, 2008 and ends at 11:59:00 p.m. PT on September 4, 2008 (the
"Sweepstakes Period"). All times in this Sweepstakes refer to
Pacific Time.
SPONSOR. NBC
Universal, Inc. (ÒNBCÓ or ÒSponsorÓ), 30 Rockefeller Plaza,
New York, New York 10112.
HOST: MySpace,
Inc. (ÒMySpaceÓ or ÒHostÓ), 407 N. Maple Drive, Beverly Hills, CA 90210.
ELIGIBILITY. The Sweepstakes is open only to registered members of
myspace.com who are legal permanent US residents physically residing in Los
Angeles County and are 21 years of age or older as of August 27, 2008. Officers, directors, agents and
employees of Sponsor, Host and their parents, affiliates, subsidiaries,
advertising and promotion agencies involved in the development or
administration of this Sweepstakes, and any other entity involved in the
development or administration of the Sweepstakes, 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 or win in the
Sweepstakes. Entries must be received by the time stated below to be
eligible. Sweepstakes is subject to all applicable federal, state, and
local laws and regulations. Void where prohibited or restricted by
law. Sponsor and Host reserve the right to verify eligibility
qualifications of any entrant or winner.
HOW
TO ENTER. Entrants
must be registered with MySpace and have a valid MySpace account in order to
enter and participate in the Sweepstakes.
Participants may register for MySpace for free by visiting
myspace.com. During the
Sweepstakes Period, eligible entrants must log into their myspace.com account
and become a "friend" of the Heroes profile, located at
www.myspace.com/nbcheroes (the "Profile"), by clicking on the
"Add to Friends" link on the Profile. Entrants must then click
the RSVP link to the "Countdown Special and Party" Evite located in the event bulletin which is linked to from
the Profile and then once on the Evite page, send an
e-mail including their name, e-mail address, postal address, and date of birth
to nbcheroes@nbcuni.com via the link
provided. MySpaceÕs computer clock will be the official timekeeper for this
Sweepstakes. Normal Internet access and usage charges apply. One entry per person or MySpace account throughout the entire
Sweepstakes Period. Entries from the same person or MySpace
account in excess of one (1) will be disqualified. Entries generated by a script, macro or other automated
means will be disqualified. Entries that are incomplete, illegible or
corrupted are void and will not be accepted. Sponsor
and Host are not responsible for lost, late, stolen, incomplete, or otherwise
misdirected entries or transactions that are processed late or incorrectly or
are lost due to computer or electronic malfunction or other error. All
entries become the property of Sponsors and will not be returned. ALL
ENTRIES MUST BE RECEIVED BY THE END OF THE SWEEPSTAKES PERIOD: 11:59:00 p.m.
PT, September 4, 2008.
WINNER SELECTION AND
NOTIFICATION. On or about
September 5, 2008, employees or representatives of Sponsor or Host, whose
decisions are final and binding, will conduct a random drawing to select five
(5) potential Grand Prize Winners (each a ÒWinnerÓ) from all eligible online
entries received during the Sweepstakes Period. Odds of winning depend on
number of eligible entries received. Potential Winner will be notified by
phone and/or email. Sponsor will make two (2) attempts to contact the
potential Winner at the phone number or email address provided at time of entry
within 24 hours. If Sponsor is unable to reach a potential Winner via
phone or email within this time frame, he/she may be disqualified and an
alternate potential Winner may be selected. Potential Winner will be
required to complete, sign, have notarized and return an Affidavit of
Eligibility and Liability Release ("Affidavit and Release") and a
Publicity Release (unless prohibited by law) within 24 hours of attempted
notification. If the Affidavit and Release and the Publicity Release are
not returned within such time period, the prize may be forfeited and an
alternate potential Winner may be selected at random from among all eligible
non-winning entries received. If any prize notification, communication or
correspondence of any kind or any prize is returned as undeliverable, the
corresponding prize will be forfeited and may be awarded to an alternate
Winner.
PRIZES. There will be five (5) Grand Prizes awarded, each
consisting of the following: Two (2) tickets for the Winner and one (1) guest
(ÒGuestÕ) to attend the taping of the ÒHeroes Countdown to the Premiere
SpecialÓ (the ÒHeroes SpecialÓ) and party (the ÒHeroes PartyÓ) at the Edison,
108 W. 2nd Street, Los Angeles, CA 90012 on September 7, 2008 at
5:00 PM PT and; Round-trip ground transportation, as determined by Sponsors in
their sole discretion, from Winner's home in Los Angeles County to the
Edison. The total approximate
retail value ("ARV") of the Grand Prize is $500. Tickets to the
Heroes Special and Heroes Party have no retail value. If potential Winner
is unable to attend the Heroes Special and/or Heroes Party on September 7,
2008, then such Winner will be disqualified and an alternate Winner may be
selected, and no further compensation will be awarded. The ARV represents
Sponsors' good faith determination of the maximum retail value of the
transportation portion of the prize. Guest must complete a guest
Affidavit and Release and a Publicity Release prior to attending the Heroes
Special and Heroes Party, or this portion of the prize may be forfeited. Guest must be 21 years of age or older
by September 7, 2008. Winner and Guest must have valid government issued
identification. Winner
acknowledges that alcohol may be served at the Heroes Party and Winner agrees
to assume any and all risk associated with his or her and/or his or her Guest's
consumption of alcohol and all risk associated with being in the presence of
others who may have consumed alcohol.
Winner is solely responsible
for all expenses and costs associated with acceptance and/or use of prize not
specifically stated herein. All
prize details are at the sole discretion of the Sponsor. If Winner cannot
accept prize (or any portion thereof) as stated, prize will be forfeited and at
SponsorÕs discretion, an alternate Winner may be selected. In the event
that any prize component is not available for any reason (including, without
limitation, the tickets to the Heroes Special and/or Heroes Party), then
remaining elements of prize shall constitute full satisfaction of SponsorÕs
prize obligation to Winner and no additional compensation will be
awarded. No cash or other substitution, assignment or transfer of prize
permitted except that Sponsors, in their sole discretion, reserve the right to
substitute any prize (or any component thereof) with another prize of
comparable or greater value. Sponsor and Host shall have no responsibility or
liability for cancellations, delays, or any other change by any company
or person providing any element of the prize due to reasons beyond SponsorÕs or
HostÕs control, and are not responsible or liable for any expenses incurred as
a consequence thereof. Date and/or
time of the Heroes Special and the Heroes Party are subject to change and/or
cancellation.
Sponsor may, in its sole
discretion, film Winner on location in Los Angeles, CA at the Heroes Special
and/or Heroes Party in connection with his/her receipt of prize, including but
not limited to, an interview segment that may, in the sole discretion of NBC
and producers of the television program Heroes (the ÒProgramÓ), be shown as
part of the domestic broadcast of the Heroes Special (the ÒFootageÓ). Winner agrees that the Footage may be
exploited by Sponsor and Host on and in connection with the Heroes Special
and/or Program, on the Internet, and in any manner and in any and all media,
whether now existing or hereafter discovered, as well as in advertising and
promotion for those uses, throughout the world, in perpetuity. Winner further agrees to sign all
standard documentation provided by Sponsor for use in association with use of
such Footage. Winner will not be
paid for such Footage or for granting Sponsor and Host any of these
rights. Sponsor and Host are not
obligated to broadcast or otherwise use or exploit the Footage or any part
thereof.
GENERAL
RULES: Acceptance of prize constitutes permission to the Sponsor
and Host and their designees to use Winner's name, city, state, likeness,
voice, biographical information and statements 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 or permission, unless prohibited by law. By participating, entrant (i)
agrees to release and hold Sponsor, MySpace, Fox Interactive Media, Inc., their
respective parents, affiliates, subsidiaries, and advertising and promotion
agencies, and each of their respective directors, officers, employees and
assigns (collectively, the ÒReleased PartiesÓ), harmless against any and all
claims and liability arising in whole or in part, directly or indirectly, out
of participation in the Sweepstakes and the Heroes Special/Heroes Party or
misuse, nonuse or use of any prize (including any travel or activity related
thereto); (ii) waives all rights to claim punitive, incidental and
consequential damages, attorneyÕ fees or any damages other than actual
out-of-pocket costs incurred to enter; and (iii) agrees to be bound by these
Official Rules and the decisions of the Sponsor and Host which are final and
binding on all matters relating to the Sweepstakes. Released Parties are not responsible for incomplete, lost,
late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or
undelivered entries; or for technical hardware or software malfunctions or
failures of any kind, lost, unavailable network connections, or failed,
incomplete, garbled or delayed computer transmission, which may limit an
individualÕs ability to participate.
Sponsor and Host reserve the right in its sole discretion, to cancel,
suspend or modify the Sweepstakes, or to disqualify any implicated entrant(s),
(and their entries) if any fraud, virus, actions by entrants, technical or
other error or problem of any kind, or any other occurrence corrupts or affects
the administration, integrity, security, or proper play of the Sweepstakes, as
determined by Sponsor and/or Host in their sole discretion. In the event of cancellation, Sponsor
reserves the right, at its sole discretion, to award any prize in a random
drawing from among all eligible, non-suspect entries received up to the time of
the event or action warranting such cancellation. In the event this Sweepstakes is cancelled prior to the
stated end date, a notice will be posted at the
Sweepstakes Website. CAUTION:
Any attempt by an entrant 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 and Host reserves the right
to seek damages from any such entrant to the fullest extent permitted by law,
including criminal prosecution. In the event of a dispute as to the identity of
an entrant, the authorized account holder of the email address used to enter
will be deemed to be the entrant.
ÒAuthorized account holderÓ of an email address is defined as the
natural person who is assigned to an email address by an Internet Access
provider, on-line service provider, or other organization (e.g.,
business, educational institution, etc.) that is responsible for
assigning email addresses for the domain associated with the submitted
email. Released Parties are not
responsible for any technical, mechanical, printing, typographical, human or
other error or any kind relating to or in connection with the Sweepstakes,
including, without limitation, errors which may occur in the administration of
the Sweepstakes, the processing of entries, the announcement of the prize or in
any Sweepstakes-related materials; or for any liability for damage to any
computer system resulting from participating in, or accessing or downloading
information in connection with this Sweepstakes. If for any reason this Sweepstakes is not capable of being
run or implemented as planned, including, but not limited to, as the result of
infection by computer viruses or bugs, tampering, unauthorized intervention,
fraud, or any other cause of any kind, which, in SponsorÕs or HostÕs sole
judgment, is likely to or actually corrupts or affects the administration,
security, fairness, integrity or proper conduct of the Sweepstakes, then
Sponsors reserve the right to cancel, terminate, modify or suspend all or any
part of the Sweepstakes and any prize may not be awarded; except that Sponsor,
in its sole discretion, reserves the right to pick winner(s) in a random
drawing from among all eligible entries received by Sponsor up until the time
of such cancellation, termination, modification or suspension, as applicable. Any changes will be posted at
www.myspace.com/nbcheroes.
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 (ÒJAMS RULESÓ). 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 ATTORNEYÕS FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR
TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
ENTRANTSÕ
PERSONAL INFORMATION. Information collected
from entrants is subject to the NBC Privacy Policy ( http://nbcuni.com/Privacy_Policy/
) and the MySpace Privacy Policy (http://www.myspace.com/index.cfm?fuseaction=misc.privacy).
GRAND PRIZE WINNER(S) NAME.
For the name of the Winner(s), go to http://www.myspace.com/nbcheroes after September
12, 2008.