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.