TENNIS CHANNEL 2009 ANDRE AGASSI BOOK GIVEAWAY OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN.
Purchase does not increase chances of winning.
1. Sponsor. The Tennis Channel 2009 Andre Agassi Book Giveaway (the “Sweepstakes”) is sponsored by The Tennis Channel, Inc., with offices at 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405 (the “Sponsor”).
2. ELIGIBILITY. The Sweepstakes is open to legal U.S. residents physically residing in the fifty (50) United States and the District of Columbia, who are at least 18 years of age or older as of date of entry. Void in Puerto Rico and all other U.S. territories and possessions, and where prohibited by law. Employees of Sponsor, related entities, distributors, affiliates, subsidiaries, advertising and promotion fulfillment agencies, retailers, and their families and immediate household members of each are not eligible (the “Sweepstakes Entities”).
3. CONTEST PERIOD/DEADLINES. The Sweepstakes entry period begins on November 9, 2009 at approximately 9:00 AM Pacific Standard Time (“PST”) and will end on November 20, 2009 at approximately 5:00 PM PST (the “Sweepstakes Period”).
4. HOW TO ENTER. During the Sweepstakes Period, entrants may log on to http://www.tennischannel.com (the “Entry Site”) and click on the Sweepstakes text link or icon, either of which will take entrant to the Sweepstakes entry page. Entrant may then complete and thereafter submit the Sweepstakes entry form (each an “Entry” collectively, the “Entries”). All submissions must include entrant’s full name, address (including city, state and zip code), e-mail address, age, and the answers to several optional marketing questions (collectively “Entry Information”). Entries will be limited to one (1) Entry per person/email address per calendar day. Entries in excess of one (1) per day will be void and disqualified. All required Entry Information must be completed in full. Use of any automated entry device or software is prohibited. All Entries become the property of Sponsor and will not be acknowledged or returned. False or deceptive Entries or acts, as determined by Sponsor, in its sole discretion, will render the entrant ineligible. Participants represent and warrant that they have not purchased any kind of Internet service in order to participate in and/or enter this Sweepstakes.
5. PRIZES. Ten (10) First Prizes. The First Prize consists of one (1) hardcover edition of the book entitled “Open: An Autobiography” by Andre Agassi. The approximate retail value (“ARV”) of the First Prize is Twenty Eight Dollars Ninety Five Cents ($28.95). All federal, State, local or other taxes, if any, are the sole responsibility of winner. One (1) prize per winner/household. The total ARV of all prizes is $289.50. The prize is non-refundable for cash and non-changeable once issued. If lost, prizing will not be replaced. Prize winner cannot assign or transfer their prize to another person. No substitution, transfer, or cash equivalent for prize (or prize components) will be allowed, except that Sponsor may substitute a prize (or prize component) for one of equal or greater value for any reason, in Sponsor’s sole discretion. In the event that a prize component is not available for any reason, then remaining elements of prize shall constitute full satisfaction of Sponsor’s prize obligation to winner and no additional compensation will be awarded. Any depictions of prize (or prize elements) are for illustrative purposes only. The prize is provided “as is” and without any warranty of any kind.
6. HOW TO WIN. Prize winners will be randomly selected from among all eligible entries received during the Sweepstakes Period, on or about December 1, 2009 by the Sponsor. The decisions of the Sponsor will be final and binding and cannot be appealed. Prize winners will be notified by phone, e-mail and/or mail on or about December 8, 2009, and must meet all eligibility requirements.
7. CLAIMING PRIZES/RELEASES. Eligibility, age and all claims made by a potential winner are subject to verification. Sponsor is not responsible for fraudulent mail sent to entrants not by Sponsor. If a potential winner cannot be reached after a reasonable effort has been exerted, or if he/she is found to be ineligible, an alternate winner may be selected in Sponsor’s sole discretion. If the prize or prize notification is returned as undeliverable or if the potential winner fails to respond to notification attempts, the potential winner may be disqualified, and an alternate winner may be selected in Sponsor’s sole discretion. In the event the winner declines the prize, Sponsor may elect, in its sole discretion, to select an alternate winner. If a dispute arises regarding who submitted an on-line entry, the entry will be deemed submitted by the legitimate holder of the e-mail account as determined by Sponsor. By accepting prize, prize winner consent to the use of prize winner’s name, photograph and likenesses, without additional compensation, for advertising, trade and promotional purposes in all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a selected potential winner fails to comply with official rules and/or to submit required documentation within the designated period, the prize will be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. By accepting prize, winner further acknowledge that the Sweepstakes Entities 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 or prize suppliers or to any portion thereof, including by not limited to its quality, merchantability, mechanical condition, or fitness for a particular purpose. Sponsor shall not be responsible or liable for its failure to contact potential winners due to an incorrect, out of date or undeliverable email address or telephone number. Participants should be sure to update their user accounts regularly with their correct contact information so that they will be able to receive prizes if selected as a potential winner. A potential winner, who fails to notify Sponsor with any complaint or problem within three (3) days after attempted prize notification, forfeits their right to do so.
8. ODDS. Odds of winning the Sweepstakes will depend on the total number of participants satisfying the entry and eligibility criteria described above.
9. GENERAL RULES AND REGULATIONS. By entering the Sweepstakes, participants agree to waive any rights to claim ambiguity with the Official Rules and Regulations. All participants further acknowledge that if they are chosen as the winner, certain of their personally identifying information may be disclosed to third parties at least as required by law including, without limitation, winner’s name on a “Winner’s List.” Winner may also be required to provide a copy of his/her valid state issued driver’s license or other government-issued photo identification card. The winner’s name will be kept on file for two (2) years after the end of the Sweepstakes. Decisions made by Sponsor in relation to this Sweepstakes are final and binding in all matters, including, without limitation, interpretation of these Official Rules and the awarding of the Sweepstakes prize, and cannot be appealed. By entering, participants agree to release the Sponsor and Sweepstakes Entities from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and property which may be sustained in connection with the receipt, ownership, use or misuse of the prize, or while preparing for, participating in, utilizing and/or traveling to any prize-related activity, including any indirect, incidental, consequential or punitive damages. Sponsor and the Sweepstakes Entities expressly disclaim any responsibility or liability for injury, death or loss to any person or property relating to the delivery and/or subsequent use, malfunction, availability, and delay in delivery of the prize awarded. Sponsor and Sweepstakes Entities shall not be liable to winner or any other person for failure to supply the prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, terrorist acts, earthquake, war, fire, flood, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsor’s sole control. Neither Sweepstakes Entities nor Sponsor make any warranty, representation or guarantee, express or implied, in fact or in law, relative to the use of any prize including, without limitation, quality, merchantability or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omission, delays, re-routing or acts of any government or authority. Sponsor may modify, rescind, cancel or revoke the promotion at any time in their sole discretion without notice or liability. Entrants who attempt to tamper with this sweepstakes in any way shall be disqualified. All federal, state and local laws and regulations apply. Additional restrictions may apply. The Internal Revenue Service requires Form 1099-MISC to be issued and filed for each recipient who received a prize/award if the annual aggregate is at least $600 or more. The Form 1099-MISC may be furnished to the recipient directly from Sponsor. The recipient is responsible for any income tax liability and should consult his/her tax advisor for the proper tax treatment of this income on his/her tax return. Any attempt to deliberately damage the Sweepstakes or operation of the Sweepstakes is unlawful and subject to legal action by Sponsor and/or Sweepstakes Entities who may seek damages to the fullest extent permitted by law.
11. Bugs and Viruses; Irregularities; Cancellation. Sponsor reserves the right, in its sole discretion, to suspend or cancel or modify the Sweepstakes at any time if a computer virus, bug, malfunction, Manipulation or other technical problem, regardless of the cause, affects, compromises, or corrupts the administration, security, or proper play of the Sweepstakes. Notice of cancellation will be posted at the Entry Site. Prizes that are not obtained through authorized legitimate methods, or are the result of Manipulation, mechanical, electronic, digital or computer or other error, are void. SPONSOR SHALL NOT BE OBLIGATED TO AWARD ANY PRIZE THAT RELATES TO OR ARISES OUT OF AN IRREGULAR ENTRY OR IMPROPER OR MISTAKEN PRIZE NOTIFICATION, OPERATION OR FUNCTION OF THIS SWEEPSTAKES. No more than the stated number of prizes in these Official Rules will be awarded. In addition to the foregoing, if for any reason (including, but not limited to, strikes, lock-outs, acts of God, technical difficulties, and other events not within the reasonable control of Sponsor) Sponsor cannot continue the Sweepstakes, Sponsor may, in its sole discretion, cancel this Sweepstakes or extend the Sweepstakes Period.
12. Release of Liability; Limitation of Liability. By participating in the Sweepstakes, entrant agrees that Sponsor, their respective officers, directors and employees, and their agents, representatives, parent companies, affiliates, subsidiaries, advertising, promotion, and fulfillment agencies, and legal advisors are not responsible for and shall not be liable for:
a) late, lost, delayed, damaged, misdirected, incomplete, illegible, unintelligible entries, lost, misdirected or otherwise undeliverable mail, or postage-due notices, release forms, affidavits or other correspondence;
b) potential winner’s unsuccessful efforts to claim any prize;
c) any telephone, electronic, hardware or software program, network, Internet, or computer malfunctions, slow-downs, failures, or difficulties of any kind;
d) failed, incomplete, garbled, or delayed computer transmissions;
e) human error, incorrect or inaccurate transcription of Entries;
f) any condition caused by events beyond the reasonable control of the Sponsor that may cause the Sweepstakes to be disrupted or corrupted, however minor;
g) any injuries, losses, or damages of any kind, including without limitation, personal injury, death and property damage arising in connection with or as a result of the acceptance, possession, or use of a prize, or from participation in the Sweepstakes;
h) any unauthorized Entries or Manipulation by a person;
i) any printing or typographical errors in any materials associated to the Sweepstakes, or errors attributable to a malfunctioning prize notice or pop-up window associated with the Sweepstakes;
j) any claims based on publicity rights, defamation or invasion of privacy; or
k) any damage to any entrant’s (or any third person’s) computer and/or its contents related to or resulting from any part of this Sweepstakes.
IN NO EVENT WILL SPONSOR, OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR SWEEPSTAKES AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR (1) ACCESS TO AND USE OF, OR INABILITY TO ACCESS, THE SITE, (2) DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM THIS SITE, (3) PARTICIPATION IN THE SWEEPSTAKES OR ANY OF THE GAMES AVAILABLE ON THE SITE, OR (4) ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE, INCLUDING WITHOUT LIMITATION, THE SWEEPSTAKES AND THE OTHER GAMES ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
13. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sweepstakes Entities, shall be governed by, and construed in accordance with the laws of California. In any action brought to enforce the obligation or right of any party hereunder they consent to personal jurisdiction and venue in any court of appropriate jurisdiction in Los Angeles County, California. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision.
14. RULES ARE BINDING. Participation in the Sweepstakes constitutes Participant’s understanding of and full and unconditional agreement to and acceptance of these Official Rules. Sponsor reserves the right to disqualify any Participant that Sponsor determines to be in violation of any term contained in these Official Rules. Sponsor’s decision not to enforce a specific provision of these Official Rules does not constitute a waiver of that provision or of the Official Rules generally.
15. RULES/WINNERS LIST. For a copy of the rules and/or the winners list, send a request and a self-addressed, stamped envelope to: Tennis Channel 2009 Andre Agassi Book Giveaway “Rules”/”Winner’s List” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by December 31, 2010. Washington and Vermont residents need not affix return postage for a copy of the prize winners’ list. The Official Rules will be accessible from the Entry Site during the Sweepstakes Period. The Winners’ names may be posted on the Entry Site.