TENNIS CHANNEL'S AUSTRALIAN OPEN SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES.
Purchase does not increase chances of winning.
1. Sponsor. Tennis Channel’s Australian Open Sweepstakes 2012-2013 (the “Sweepstakes”) is sponsored by: (i) The Tennis Channel, Inc., with offices at 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405; (ii) Tourism Victoria, with offices at Level 32, 121 Exhibition Street, Melbourne VIC 3000, Australia; and (iii) Tennis View Magazine, with offices at 8301 Bardmoor Boulevard, Suite 107, Largo, Florida 33777 (collectively, the “Sponsor”).
2. ELIGIBILITY. The Sweepstakes is open to legal U.S. residents physically located and residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years of age or older at time of entry. Void in Puerto Rico and all other U.S. territories and possessions, and where prohibited by law. Employees of Sponsor, Vibes Media, LLC, related entities, distributors, parents, affiliates, subsidiaries, advertising and promotion fulfillment agencies, retailers, and their immediate families (parent, child, sibling and spouse) and persons living in the same households as such individuals (whether related or not) are not eligible (the “Sweepstakes Entities”). Entrants must be physically located in one of the fifty (50) United States or the District of Columbia at the time of entry.
3. SWEEPSTAKES PERIOD/DEADLINES. The Sweepstakes entry period begins on December 17, 2012, at 12:01AM Pacific Standard Time (“PST”) and will end on January 27, 2013, at approximately 11:59PM PST (the “Sweepstakes Period”). For purposes of these Official Rules (“Rules”), all times and days are PST.
4. HOW TO ENTER. There are two (2) different ways to enter the Sweepstakes. During the Sweepstakes period, entrants may enter once per day by either or both of the following methods:
a. Online Entry. 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 “Online Entry” collectively, the “Online Entries”). All online submissions must include entrant’s first and last name, email address (“Address”), state of residence, zip code and age and may also include street address, city, telephone number (including area code), and the answers to certain marketing questions (collectively, the “Online Entry Information”). Online Entries will be limited to one (1) Online Entry per person/Address per calendar day during the Sweepstakes Period (regardless of whether one (1) person has more than one Address. Online Entries in excess of one (1) per day will be void and disqualified. Normal Internet access and usage charges imposed by entrant’s online service will apply. All required Online Entry Information must be completed in full. Use of any automated entry device or software is prohibited. All Online Entries become the property of Sponsor and will not be acknowledged or returned. False or deceptive Online Entries or acts, as determined by Sponsor in its sole discretion, will render the entrant ineligible. Entrants represent and warrant that they have not purchased any kind of device or Internet service in order to submit an Online Entry or participate in and/or enter the Sweepstakes. Online entrants will have the option to “opt in” to receive subsequent electronic communication from Sponsor and/or Sweepstakes promotional partners. Opting to receive further information is not a requirement for entry in the Sweepstakes nor does it increase chances of winning.
b. Text Message Entry. During the Sweepstakes Period, entrants may send a text message from their mobile phone or other text messaging capable device (“Mobile Device”) to the number 836647 (“TENNIS” on the telephone keypad), (each a “Text Entry” collectively, the “Text Entries”) with the body of the text message beginning with the keyword “SWEEPS” or “sweeps” (in any combination of upper or lower case letters) (the “Keyword”). Entrants must have a text messaging two-way capable Mobile Device and digital service in order to enter the Sweepstakes via Text Entry. Entrants who successfully submit a Text Entry will be sent a text message that confirms their entry into the Sweepstakes. Entrants who submit an improper Text Entry (i.e. a Text Entry that does not begin with the Keyword) will be sent a text message that their Text Entry was not recognized. Text Entries will be limited to one (1) successful Text Entry per person/mobile phone number per calendar day during the Sweepstakes Period (regardless of whether one (1) person has more than one Mobile Device or more than one (1) person use the same Mobile Device). Text Entries in excess of one (1) per day will be void and disqualified. Entrants entering by Text Entry will be charged standard text messaging rates for text messages sent and received from their Mobile Device according to the terms and conditions in their wireless calling or data plan. Sponsor is not responsible for any charges from any cellular phone provider made to the entrant. Text messaging and wireless service are not available in all areas. Sponsor reserves the right in its sole discretion to disqualify any Text Entry at any time which in Sponsor’s opinion does not comply with these Rules. Use of any automated entry device or software is prohibited. All Text Entries become the property of Sponsor and will not be returned. Entrant represents and warrants that they have not purchased any Mobile Device or text messaging service in order to submit a Text Entry or to participate in and/or enter the Sweepstakes. Text message entrants will have the option to “opt in” to receive subsequent electronic communication from Sponsor and/or Sweepstakes promotional partners. Opting to receive further information is not a requirement for entry in the Sweepstakes nor does it increase chances of winning.
Text Entries and Online Entries shall be cumulatively defined as the “Entries”. Entries by any other method other than set forth above in Sections 4a. and 4b. are void.
5. HOW TO WIN. Grand Prize winner (as described below) will be randomly selected from among all eligible Entries received during the Sweepstakes Period, on or about February 3, 2013 by the Sponsor. The decisions of the Sponsor will be final and binding and cannot be appealed. The Grand Prize winner will be notified by phone, e-mail, text message and/or mail on or about February 4, 2013, and must meet all eligibility requirements including the execution and delivery of all necessary releases (as described below).
6. PRIZES. One (1) Grand Prize which includes: (i) round trip coach class air transportation on a carrier to be selected by Sponsor (the “Airline”) for the winner and one (1) guest from a major commercial airport near winner’s residence (as determined by Sponsor in its sole discretion) to a major commercial airport in Melbourne, Australia; (ii) standard hotel accommodations (single room/double occupancy, room and tax only) at a hotel to be selected by Sponsor for the winner and one (1) guest for five (5) nights in the greater Melbourne, Australia vicinity; and (iii) an opportunity for winner and guest to attend the initial two (2) days of the 2014 Australian Open (either the day or night sessions, at Sponsor’s sole discretion). Actual travel arrangements and hotel reservations are at Sponsor’s sole discretion. Approximate retail value (“ARV”) of the Grand Prize is Eight Thousand Five Hundred U.S. Dollars (USD$8,500.00). Actual value may vary based upon airfare and/or currency fluctuations and distance between departure city and destination. Winner will not receive difference between actual and ARV.
Grand Prize winner and guest will be required to have, and are solely responsible for obtaining, a valid U.S. passport and any necessary and required travel documents (visas, ID’s, etc.). All travel arrangements will be made by Sponsor in its sole discretion. Grand Prize winner and guest must travel together on same itinerary and travel must be roundtrip. Guest may be a minor only if Grand Prize winner is the guest’s parent or legal guardian. Winner and guest may be required to sign and return such additional prize-related documents as provided by Sponsor, including without limitation, for airline travel and/or hotel accommodation. The Grand Prize is non-refundable for cash and non-changeable once issued. Sponsor will not replace any lost or stolen elements of the Grand Prize. Sponsor will not replace any lost or stolen elements of the Grand Prize. Grand Prize winner cannot assign or transfer their prize to another person. All federal, State, local or other taxes, if any, are the sole responsibility of Grand Prize winner. Grand Prize winner and guest must travel departing on or about January 12, 2014 and returning on or about January 18, 2014, exact dates to be confirmed and finalized by Sponsor. If potential Grand Prize winner is not available on such dates, Grand Prize will be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. Should Grand Prize winner choose to take trip with no guest, then the remaining elements of the Grand Prize shall constitute full satisfaction of Sponsor’s Grand Prize obligation to winner and no additional compensation will be awarded. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Sweepstakes, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. No substitution, transfer, or cash equivalent for Grand Prizes (or prize components) will be allowed, except that Sponsor may substitute the Grand Prize (or Grand Prize component) for one of equal or greater value for any reason, in Sponsor’s sole discretion. In the event that a Grand Prize component is not available for any reason, then remaining elements of Grand Prize shall constitute full satisfaction of Sponsor’s Grand Prize obligation to winner and no additional compensation will be awarded, except that Sponsor may, in its sole discretion, substitute a Grand Prize component for one of equal or greater value. Sponsor is not responsible if the Australian Open is postponed, or cancelled after ticketing of prize for any reason, in whole or in part. In that event, Grand Prize winner will receive remainder of the prize. No compensation will be paid in lieu of Australian Open ticket portion of prize. Any depictions of Grand Prize (or Grand Prize elements) are for illustrative purposes only.
Winner is responsible for any and all expenses and taxes not included in the Grand Prize package, including, but not limited to, Federal, state and local taxes, any ground or air travel required to reach gateway airport city, meals, drinks, gratuities, souvenirs, excursions, phone calls, ground transportation, incidentals, tips, and for any additional applicable travel fees, surcharges, service charges or passenger facility charges, and other personal expenses. All arrangements are subject to availability. The Grand Prize is provided “as is” and without any warranty of any kind.
7. CLAIMING PRIZES/RELEASES. Eligibility, age of and all claims made by a potential winner is subject to verification. Sponsor is not responsible for any fraudulent communication sent to entrants not by Sponsor. If a potential Grand Prize 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 Grand Prize or Grand Prize notification is returned as undeliverable or if the potential Grand Prize winner fails to respond to notification attempts, the potential Grand Prize winner may be disqualified, and an alternate Grand Prize winner may be selected in Sponsor’s sole discretion. In the event the Grand Prize winner declines the Grand Prize or Grand Prize winner fails to execute and return the completed releases (as described below), Sponsor may elect, in its sole discretion, to select an alternate Grand Prize winner. If a dispute arises regarding who submitted an Entry, the Entry will be deemed submitted by the legitimate holder of the Mobile Device and/or Address as determined by Sponsor. In the event of such disputes, potential winner may need to present a bill to confirm his/her status as the authorized account holder of the account used to submit the winning Entry. Potential Grand Prize winner must complete, sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and (where legally permissible) Publicity Release Form, except where prohibited by law, within five (5) business days of receipt of same. Grand Prize winner’s guest (“Guest”) (or winner as parent or legal guardian if Guest is a minor), must also sign, have notarized and return an Affidavit of Eligibility/Prize Acceptance/Liability and Publicity Release, except where prohibited by law, within five (5) business days of prize notification. By accepting the Grand Prize, winner and Guest consent to the use of winner and Guest’s names, address (city and state only), voice, biographical and Grand Prize information and/or statements about the Sweepstakes, photographs and likenesses, without additional compensation, for programming, advertising, trade and promotional purposes in any and all media, whether now known or hereafter devised, in perpetuity, except where prohibited by law. If a potential winner or Guest fails to comply with Rules and/or to submit required documentation within the designated period, the Grand Prize will be forfeited and an alternate winner may be selected at Sponsor’s sole discretion. By accepting Grand Prize, winner further acknowledges 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 Grand Prize or Grand 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 address, email address or telephone number. Entrants should be sure to update their user accounts regularly with their correct contact information so that they will be able to receive the Grand Prize 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 Grand Prize notification, forfeits their right to do so.
8. ODDS. Odds of winning the Sweepstakes will depend on the total number of eligible Entries received.
11. Conditions Relating to Participation in the Sweepstakes and Use of the ENTRY Site
12. Bugs and Viruses; Irregularities; SUSPENSION. Sponsor reserves the right, in its sole discretion, to temporarily suspend the Sweepstakes at any time and invalidate any corrupted Entries 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 such suspension 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 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, e.g. force majeure) Sponsor cannot continue the Sweepstakes, Sponsor may, in its sole discretion, temporarily suspend the Sweepstakes for the duration of any force majeure event, or extend the Sweepstakes Period.
13. 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 ENTRY 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 ENTRY 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 ENTRY 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.
14. Governing Law. All issues and questions concerning the construction, validity, interpretation and enforceability of these Rules, or the rights and obligations of any entrant 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.
15. RULES ARE BINDING. Participation in the Sweepstakes constitutes entrant’s understanding of and full and unconditional agreement to and acceptance of these Rules. Sponsor reserves the right to disqualify any entrant that Sponsor determines to be in violation of any term contained in these Rules. Sponsor’s decision not to enforce a specific provision of these Rules does not constitute a waiver of that provision or of the Rules generally.
16. 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’s Australian Open Sweepstakes 2012-2013 “Rules”/”Winner’s List” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by January 31, 2014. Washington and Vermont residents need not affix return postage for a copy of the prize winners’ list. The Rules will be accessible from the Entry Site during the Sweepstakes Period. The winner’s name may be posted on the Entry Site.