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TENNIS CHANNEL’S PERFECT MATCH SWEEPSTAKES

2011

OFFICIAL RULES 

NO PURCHASE NECESSARY TO ENTER OR WIN.

Purchase does not increase chances of winning.

1.         SPONSOR.  Tennis Channel’s Perfect Match Sweepstakes 2011 (the “Sweepstakes”) is sponsored by The Tennis Channel, Inc., 2850 Ocean Park Boulevard, Suite 150, Santa Monica,California 90405 and Lindt & Sprüngli (USA) Inc., One Fine Chocolate Place, Stratham, New Hampshire 03885 (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, 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 theDistrict of Columbia at the time of entry.

3.         SWEEPSTAKES PERIOD/DEADLINES.  The Sweepstakes entry period begins on October 11, 2011, at 12:01AM Pacific Daylight Time (“PDT”) and will end on November 1, 2011, at approximately 11:59PM PDT (the “Sweepstakes Period”).

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 tohttp://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, 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/email address per calendar day.  Online Entries in excess of one (1) per day will be void and disqualified.  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.  Participants 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 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 “FEDERER” or “Federer” (in any combination of upper or lower case letters) (the “Keyword”).  Entrants must have a text messaging two-way capable handset 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 mobile phone number per calendar day.  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 handset 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 Official Rules.  Use of any automated entry device or software is prohibited.  All Text Entries become the property of Sponsor and will not be returned. Participants represent and warrant that they have not purchased any handset 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”.

5.         PRIZES.  One (1) Grand Prize: a trip for winner and one (1) guest to Switzerland which includes: (i) roundtrip, coach-class air transportation from a major gateway airport near winner’s home (as determined by Sponsor in its sole discretion) to Zurich, Switzerland;  (ii) three (3) nights' accommodations at a hotel in the Zurich, Switzerland area determined by Sponsor in its sole discretion (single room, double occupancy, room and tax only); (iii) attendance at a dinner event with Roger Federer; (iv) a tour of the Lindt & Sprüngli Chocolate Factory in Kilchberg, Switzerland; and (v) ground transportation in Switzerland to and from the airport and hotel, in such manner as provided by Sponsor in its sole discretion (the “Grand Prize”). Approximate Retail Value (“ARV”) of the Grand Prize is Seven Thousand Three Hundred Dollars ($7,300). 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 approximate retail value.

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 winner is the guest’s parent or legal guardian. The prizes are non-refundable for cash and non-changeable once issued.  If lost, prizing will not be replaced. Prize winners cannot assign or transfer their prize to another person.  Grand Prize Winner and guest must travel departing on or about November 12, 2011 and returning on or about November 16, 2011, exact dates to be confirmed and finalized by Sponsor.  If potential Grand Prize winner is not available on such dates, 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 prize shall constitute full satisfaction of Sponsor’s 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 prizes (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, except that Sponsor may, in its sole discretion, substitute a prize component for one of equal or greater value .  Sponsor is not responsible if the dinner event with Roger Federer, or tour of the Lindt & Sprüngli Chocolate Factory, are delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in Sponsor’s sole discretion.  Any depictions of prize (or prize elements) are for illustrative purposes only.  

Winner is responsible for any and all expenses and taxes not included in the 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, additional 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 prizes are provided “as is” and without any warranty of any kind.  The total combined ARV of all prizes is Seven Thousand Three Hundred Dollars ($7,300.00).

6.         HOW TO WIN.  Prize winners will be randomly selected from among all eligible Entries received during the Sweepstakes Period, on or about November 2, 2011 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, text message and/or mail on or about November 3, 2011, and must meet all eligibility requirements including the execution and delivery of all necessary releases (as described below).  

7.         CLAIMING PRIZES/RELEASES.   Eligibility, age 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 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 or winner fails to return 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 Online Entry, the Online Entry will be deemed submitted by the legitimate holder of the e-mail account as determined by Sponsor.  If a dispute arises regarding who submitted a Text Entry the Text Entry will be deemed submitted by the legitimate holder of the mobile phone account 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 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 three (3) business days of receipt of same.  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 three (3) business days of prize notification.  By accepting prize, winner and Guest consent to the use of winner and Guest’s names, photographs 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 potential winner or Guest fail 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 address, 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 these Official Rules and Regulations.  All participants 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, other government-issued photo identification card or U.S. Passport.  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. Sponsor and Sweepstakes 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 Sweepstakes Entities shall not be liable for any loss or damage to baggage. 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.    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.

10.       CONDITIONS RELATING TO PARTICIPATION IN THE SWEEPSTAKES AND USE OF THE ENTRY SITE.  Sponsor reserves the right, at its sole discretion, to disqualify any individual it finds, in its sole determination, to be tampering with the entry process or the operation of the Sweepstakes, or the Entry Site; to be in violation of the terms of use of the Entry Site, to be acting in violation of the Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Without limitation of the foregoing, any use of software or hardware, including without limitation, a program, mechanism, system, robot, “bot”, macro or other artificial device, process or manipulation (“Manipulation”) is strictly prohibited. Sponsor reserves the right, in its sole discretion, to terminate any person’s participation in the Sweepstakes whom Sponsor suspects has engaged in any Manipulation.

11.       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 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, 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.

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 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.

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’s Perfect Match Sweepstakes 2011 “Rules”/”Winner’s List” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405.  Requests must be received by December 1, 2012.  Washington and Vermontresidents 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 Winner’s Name may be posted on the Entry Site.