Purchase or payment does not increase chances of winning
VOID IN GUAM, PUERTO RICO AND ALL OTHER U.S. TERRITORIES AND POSSESSIONS AND WHERE PROHIBITED BY LAW
1. SPONSOR. 2013 America’s Hottest Tennis Coach Contest (the “Contest”) 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 Contest is open to legal United States residents physically located and residing in the fifty (50) United States and the District of Columbia who are at least twenty-one (21) years of age or older at the time of entry. Void in Guam, Puerto Rico and all other U.S. territories and possessions, and where prohibited by law. Employees and contractors of Tennis Channel, Inc., the Contest’s additional sponsors, their respective parents, affiliates and subsidiaries, licensees, designees, participating advertising and promotion agencies, the judging organization and prize suppliers (and members of their immediate family and/or those living in the same of household of each such employee) (the “Contest Entities”) are not eligible to enter the Contest. The male and female winners from the previous year’s Contest are not eligible to enter or win in this year’s Contest. By entering the Contest, entrants agree to abide by all terms of these Official Rules (“Rules”) and the decisions of Sponsor. Do not proceed in this Contest if you do not fall within the eligibility requirements set forth in these Rules.
3. CONTEST PERIOD/DEADLINES. The Contest entry period begins September 30, 2013 at 12:01AM Pacific Time (“PT”) and will end on October 30, 2013 at 11:59PM PT (the “Contest Period”). For purposes of these Rules, all times and days are PT.
4. How to Enter. During the Contest Period, entrants may visit the Tennis Channel website currently located at http://www.tennischannel.com/hottest/ or log on to their Facebook account and/or visit Tennis Channel’s official Facebook page located at www.facebook.com/tennischannel (collectively, the “Entry Site”) and click on the Contest icon or text link, either of which will take entrant to the Contest entry page.
During the Contest Period, entrants may enter once per person by then completing and thereafter submitting the Contest entry by one (1) of the two (2) following methods:
(a) Email Entry. Entrants may email the Contest entry, including the Entry Information (as defined below) pursuant to the onscreen instructions. Normal Internet access and usage charges imposed by entrant’s online service will apply; or
(b) Mail Entry. Entrants may mail the Contest entry, including the Entry Information (as defined below) with proper postage affixed to 2013 America’s Hottest Tennis Coach, 2850 Ocean Park Ave, Ste. 150, Santa Monica, CA 90405, postmarked by October 30, 2013 at 11:59PM PT and received no later than November 4, 2013 at 11:59PM PT.
Entrants wishing to nominate themselves or any tennis coach must submit the following entry information (“Entry Information”): A nomination statement telling us in no more than Two Hundred Fifty (250) words why you think the coach (either yourself or someone else) should be named 2013 America’s Hottest Tennis Coach, along with the following information about the coach: first and last name, date of birth, height, weight, complete address of residence, telephone number, email address, two (2) recent (i.e., within the past six (6) months) color photographs (one (1) head shot (no sunglasses or hat) and one (1) full-length body shot), and tennis club/organization affiliation. Entrants nominating someone else must also include the following information about themselves: first and last name, date of birth, complete address of residence, telephone number, email address, and their relationship to the coach they are nominating. All Entries for the Contest must be received by Sponsor on or before 11:59PM PT on November 4, 2013. Incomplete or late Entries will not be accepted. Entries in excess of one (1) per person will be void and disqualified. Entries become the property of the Sponsor and will not be returned. By participating in the Contest, entrant certifies that his/her Entry is original, has not been previously published and does not contain any material that would violate or infringe upon the rights of any third party, including copyrights, trademarks or rights of privacy or publicity. An individual nominating a tennis coach further certifies that they are over the age of eighteen (18) at the time of entry.
Email Entries and Mail Entries shall be cumulatively defined as the “Entries.” Entries by any other method other than set forth above in Sections 4(a) and 4(b) are void.
5. HOW TO WIN.
(a) Semi-Finalists. A panel of Sponsor judges will select ten (10) semi-finalists (five (5) male and five (5) female semi-finalists) (the “Semi-Finalists”) from qualified Entries received based on the content of the nomination statement and the photos submitted utilizing the criteria of overall looks, physical fitness, ability to promote a healthy lifestyle, show prowess on the court, be inspirational, motivational and demonstrate a passion for tennis, subject to verification and compliance with the terms of these Rules. Sponsor judges, whose decisions are final, will select the Semi-Finalists between November 5, 2013 and November 15, 2013. The Semi-Finalists may be notified by telephone or email starting November 18, 2013 and must meet all eligibility requirements including the execution and delivery of all necessary releases (as described below). Semi-Finalists must meet the following eligibility criteria:
i. Must be a legal U.S. resident over the age of twenty-one (21) at the time of Entry;
ii. Must be certified as a United States Professional Tennis Association or Professional Tennis Registry tennis coaching professional or have credentials coaching tennis at either a competitive academic level (i.e., high school, college or university) or at a public or private tennis facility;
iii. Must be currently working as a tennis coach/professional; and
iv. Cannot have posed showing full frontal nudity for any sexually explicit website, video or publication.
Sponsor judges reserve the right to disqualify Semi-Finalists in their sole discretion. If a potential Semi-Finalist is unreachable or does not reply to notification within forty-eight (48) hours, his/her Semi-Finalist spot may be forfeited and awarded to an alternate Semi-Finalist. Semi-Finalists will be required to sign an Affidavit of Eligibility/Prize Acceptance and Liability and (where legally permissible) Publicity Release Form (“Affidavit”), except where prohibited by law. If any potential Semi-Finalist fails to execute and return the Affidavit within five (5) days of notification, an alternate Semi-Finalist will be chosen. Semi-Finalists will be posted on the Tennis Channel website currently located at http://www.tennischannel.com.
(b) Winners. Voters may logon to the Entry Site and click on the Contest icon or text link, either of which will take voter to the Contest voting page to vote for 2013 America’s Hottest Tennis Coach starting 12:01AM PT on December 4, 2013 and ending at 11:59PM PT on December 24, 2013 (the “Voting Period”) by following the instructions to complete the voting process. Voting will be subject to separate Official Voting Rules incorporated herein by reference. Online voting entries may be subject to standard internet connection fees. Limit one (1) voting entry per day per household. The two (2) Semi-Finalists (one (1) male and one (1) female Semi-Finalist) who receive the highest number of votes during the Voting Period will be chosen as 2013 America’s Hottest Tennis Coach winners (the “Winners”) in or about January, 2014, subject to verification and compliance with the terms of these Rules. The Winners may be notified by telephone or email starting in or about January, 2014 and must meet all eligibility requirements including the execution and delivery of all necessary releases (as described below). The names and pictures of the Winners will be posted on the Tennis Channel website currently located at http://www.tennischannel.com starting on or about March 4, 2014.
6. PRIZES. Grand Prize: Two (2) grand prizes. The top scoring male and female 2013 America’s Hottest Tennis Coach Winner will each be awarded one (1) prize package (the “Grand Prize”) provided by Sponsor consisting of: (i) one (1) roundtrip coach class air transportation on a carrier to be selected by Sponsor (the “Airline”) from a major commercial airport near Winner’s residence (as determined by Sponsor in its sole discretion) to a major commercial airport in the Indian Wells or Los Angeles area (the “Airport”) (Approximate Retail Value (“ARV”) Nine Hundred Dollars ($900.00); (ii) two (2) nights’ accommodations (single room/double occupancy, room and tax only basis) at hotel in the Indian Wells/Coachella Valley area to be selected by Sponsor (the “Hotel”) (ARV Seven Hundred Dollars Seven Hundred Dollars ($700.00); and (iii) two (2) daily double box seat tickets for the main stadium good for each session of the 2014 BNP Paribas Open on Thursday, March 6, 2014 (ARV Four Hundred Ten Dollars ($410.00); (iv) a Fifty Dollar ($50.00) per diem for up to two (2) days (ARV One Hundred Dollars ($100.00)); and (v) one (1) rental car from Airport to the Hotel for two (2) days (ARV Three Hundred Dollars ($300.00)). Total ARV of each Grand Prize is Two Thousand Four Hundred Ten Dollars ($2,410.00). Total ARV of all Grand Prizes is Four Thousand Eight Hundred Twenty Dollars ($4,820.00).
The Winners will be announced on Sponsor’s coverage of the 2014 BNP Paribas Open. Each Winner agrees to be available for and to participate in and attend media events in Indian Wells, California on or around March 6, 2014, otherwise an alternate Winner may be selected. Winner must travel departing on or about March 5, 2014 and returning on or about March 7, 2014, exact dates to be determined, confirmed and finalized by Sponsor in its sole discretion. If Winner is not available on such dates, Grand Prize will be forfeited and an alternate Winner may be selected at Sponsor’s sole discretion. All travel arrangements will be made by Sponsor in its sole discretion. Winner will be required to have and is solely responsible for obtaining any necessary and required travel documents (IDs, etc.). 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. Winner cannot assign or transfer their prize to another person. No substitution, transfer, or cash equivalent for Grand Prize (or Grand 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. Any depictions of Grand Prize (or Grand Prize elements) are for illustrative purposes only. Expenses not specifically included in prize description and all taxes are the sole responsibility of the Winner, including, but not limited to, Federal, state and local taxes, meals, drinks, gratuities, souvenirs, excursions, telephone calls, ground transportation, incidentals, tips, and any additional applicable travel fees, surcharges, services charges or passenger facility charges, and other personal expenses. All arrangements are subject to availability. Each Grand Prize is awarded “as is” with no warranty or guarantee of any kind, either express or implied outside of manufacturer's limited warranty, if any.
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 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 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 Grand Prize or Winner fails to execute and return the completed releases (as described below), Sponsor may elect, in its sole discretion, to select an alternate Winner. If a dispute arises regarding who submitted an Email Entry, the Email Entry will be deemed submitted by the legitimate holder of the email address as determined by Sponsor. Potential winner must complete, sign, have notarized and return an Affidavit, except where prohibited by law, within five (5) days of receipt of same. Guest 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) days of prize notification. Semi-Finalists and, by accepting the Grand Prize, Winner and Guest consent to the use by Sponsor and any additional sponsor of their names, addresses (city and state only), voices, biographical and Grand Prize information and/or statements about the Contest, 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. Entrants, Semi-Finalists, and Winners agree that the photographs sent in by applicants and/or those taken by Sponsor can be printed or reproduced in whole or in part or in any all media now known or hereafter invented throughout the world, without credit or payment to the photographer of such photographs. Photographs produced at any advertising related photo shoot(s) may be used for advertisements and promotions for Sponsor and third parties. Semi-Finalists and Winners agree not to discuss their participation in any aspect of the Contest with any media, including, but not limited to, newspapers, magazines, radio, television, or internet (including any social networking sites such as Facebook, Twitter, MySpace, blogs, etc.), without the prior consent of Sponsor. If a potential Winner or Guest fails to comply with the 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. In accepting Grand Prize, Winner further acknowledges that the Contest 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 mailing 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 Grand Prizes if selected as a potential winner. Entrants must have valid e-mail address and it is entrant’s responsibility to update Sponsor of any change in e-mail address. 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 Contest will depend on the total number of eligible Entries received.
The Sponsor and Contest 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, misuse, malfunction, availability, and delay in delivery of the prizes awarded. Sponsor and Contest Entities shall not be liable to Winners or any other person for failure to supply the prizes, 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. Sponsor and Contest Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air carrier(s), hotel(s), or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by the same. Sponsor and Contest Entities shall not be liable for any loss or damage to baggage. Neither Contest 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 its sole discretion without notice or liability. Sponsor reserves the right, in its sole discretion, to disqualify entrants who attempt to tamper with this Contest in any way. 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 Six Hundred Dollars ($600.00) or more. 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 Contest or operation of the Contest is unlawful and subject to legal action by Sponsor and/or Contest Entities who may seek damages to the fullest extent permitted by law.
12. BUGS AND VIRUSES; IRREGULARITIES; CANCELLATION. Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend the Contest at any time and invalidate any corrupted Entries if a computer virus, bug, malfunction, Manipulation, act of sabotage, act of God, or any other problem, regardless of the cause, affects, compromises or corrupts the administration, security, fairness, integrity, or proper conduct of this Contest. 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 Contest. No more than the stated number of prizes in these Rules will be awarded. Sponsor reserves the right to select Winners from eligible Entries received as of the termination date. 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 Contest, Sponsor may, in its sole discretion, cancel this Contest. Caution: Any attempt by a participant to deliberately damage any Web site or undermine the legitimate operation of the Contest is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages from any such participant to the fullest extent of the law.
13. RELEASE OF LIABILITY; LIMITATION OF LIABILITY. By entering the Contest, entrant agrees to release the Sponsor, Contest Entities and Facebook from any and all liability claims or actions of any kind whatsoever for injuries, death, damages or losses to persons and/or property which may be sustained in connection with participation in the Contest, and/or the receipt, ownership, use, or misuse of any prize. Sponsor is not responsible for electronic transmission errors resulting in omission, interruption, deletion, defect, delay in operations or transmission, theft or destruction or unauthorized access to or alterations of Entry materials, or inaccurate transmissions of or failure to receive entry information by Sponsor, any additional sponsor or presenter on account of technical problems or traffic congestion on the Internet or at any Web site or any combination thereof. Entrants agree that Sponsor, Facebook, 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 Entries, 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 Contest 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 Contest;
(h) any unauthorized Entries or Manipulation by a person;
(i) any printing or typographical errors in any materials associated to the Contest, or errors attributable to a malfunctioning prize notice or pop-up window associated with the Contest;
(j) any claims based on publicity rights, defamation or invasion of privacy;
(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 Contest;
(l) any fraudulent mail/email sent to entrants not by Sponsor.
IN NO EVENT WILL SPONSOR, CONTEST ENTITIES, FACEBOOK OR THEIR PARENTS, AFFILIATES, SUBSIDIARIES AND RELATED COMPANIES, THEIR ADVERTISING OR PROMOTION 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 THE ENTRY SITE, (3) PARTICIPATION IN THE CONTEST OR ANY OF THE GAMES AVAILABLE ON THE ENTRY SITE, OR (4) ACCEPTANCE OF ANY PRIZE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE ENTRY SITE, INCLUDING WITHOUT LIMITATION, THE CONTEST 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 Contest 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, USA. Except where prohibited, each entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in Los Angeles, California; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; (3) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (4) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. 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 Contest constitutes entrant’s understanding of and full and unconditional agreement to be bound by the terms and acceptance of these Rules, including the Official Voting Rules, incorporated herein by reference, and by the decisions of Sponsor, which are final and binding on all matters pertaining to this Contest. 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: 2013 America’s Hottest Tennis Coach “Rules”/“Winners List” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by December 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 Contest Period. The Winners’ names may be posted on the Entry Site.
17. FACEBOOK. The Contest is in no way sponsored, endorsed or administered by, or associated with Facebook. Entrants understand they are providing their Entry Information to Sponsor and not to Facebook. All trademarks are the property of their respective owners.
©2013 The Tennis Channel, Inc. All Rights Reserved.