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US OPEN Sweepstakes

Purchase does not increase chances of winning.

1.         Sponsor. Tennis Channel’s 2013 US Open Sweepstakes (the “Sweepstakes”) is sponsored by: (i) The Tennis Channel, Inc., 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405; and (ii) Mercedes-Benz USA, LLC, One Mercedes Drive, Montvale, New Jersey 07645 (collectively, the “Sponsor”).

2.         ELIGIBILITY. The Sweepstakes 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 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, United States Tennis Association Incorporated, USTA National Tennis Center Incorporated, 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 July 25, 2013, at 12:01AM Pacific Daylight Time (“PDT”) and will end on September 9, 2013, at approximately 11:59PM PDT (the “Sweepstakes Period”). For purposes of these Official Rules (“Rules”), all times and days are PDT.

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 or log on to your Facebook account and visit Tennis Channel’s official Facebook page located at www.facebook/ (collectively, 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 or more than (1) person use the same 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 or created a Facebook account 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 “NEW YORK” or “New York” (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. Entrants represent and warrant 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 September 9, 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 September 19, 2013, and must meet all eligibility requirements including the execution and delivery of all necessary releases (as described below).

6.         PRIZE One (1) Grand Prize which includes: (i) winner and one (1) guest will gain admission during the first two (2) days of the 2014 US Open Tennis Championships at the USTA Billie Jean King National Tennis Center in Flushing, New York, for one (1) session per day (either the day session or the night session, at Sponsor’s sole discretion) (Approximate retail value (“ARV”) Four Hundred Dollars ($400.00)); (ii) round trip coach-class air transportation on a carrier to be selected by Tennis Channel (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 the New York metropolitan area (ARV One Thousand Six Hundred Dollars ($1,600.00)); and (iii) hotel accommodations for winner and (1) guest (single room/double occupancy, room and tax only) for five (5) nights at The Westin New York at Times Square (ARV One Thousand Seven Hundred Fifty Dollars ($1,750.00)). Approximate retail value (“ARV”) of the Grand Prize is Three Thousand Seven Hundred Fifty Dollars ($3,750.00).  

Winner and guest will be required to have, and are solely responsible for obtaining, any necessary and required travel documents (ID’s, etc.). All travel arrangements will be made by Sponsor in its sole discretion. Winner and guest must travel together on same itinerary. 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. Guest may be a minor only if winner is the guest’s parent or legal guardian. 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. Prize winner cannot assign or transfer their prize to another person. Winner and guest must travel departing on or about August 24, 2014 and returning on or about August 29, 2014, exact dates to be confirmed and finalized by Sponsor. 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. 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 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.

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, 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 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 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 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) 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 five (5) 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 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. 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 is not responsible if the US Open is rained out or postponed, or cancelled after ticketing of Grand Prize for any reason, in whole or in part. In that event, winner will receive remainder of the Grand Prize. No compensation will be paid in lieu of US Open ticket portion of prize. Sponsor reserves the right to substitute a prize of equal or greater value if advertised prize is unavailable. 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.

9.         GENERAL RULES AND REGULATIONS. By entering the Sweepstakes and/or accepting any prize, entrants agree that entrants have all rights, permissions and consents necessary to grant the rights to Sponsor as expressed herein; entrants will abide by and be bound by the Rules, Sponsor’s decisions, and the Sponsor’s Privacy Policy (as hereinafter defined); and entrants will waive any rights to claim ambiguity with these Rules. All entrants 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 Rules and the awarding of the Sweepstakes prize, and cannot be appealed. By entering, entrants agree to release the Sponsor, Sweepstakes Entities, the City of New York, the Airline and Facebook (collectively, the “Releasees”), 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. The Releasees 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. The Releasees 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. The Releasees 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. The Releasees shall not be liable for any loss or damage to baggage. The Releasees make no warranty, representation nor 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. Sponsor reserves the right, in its sole discretion, to disqualify entrants who attempt to tamper with this Sweepstakes 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 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.       PRIVACY POLICY/DATA COLLECTION. Except as otherwise contemplated in these Rules, and to the extent entrants may otherwise elect at the time of Entry, information provided by entrants for this Sweepstakes is subject to Sponsor’s privacy policy located at (“Privacy Policy”). Entrant consents that Sponsor may use entrant’s information for purposes of administration of this Sweepstakes and for prize fulfillment.

11.       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 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 may suspend or discontinue the Sweepstakes if, in its sole opinion, there is any actual or suspected tampering of the Sweepstakes, or any other malfunction, event or activity that may affect the integrity of the Sweepstakes. 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.

12.       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 on 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) Sponsor cannot continue the Sweepstakes, Sponsor may, in its sole discretion, cancel this Sweepstakes or extend the Sweepstakes Period.

13.       Release of Liability; Limitation of Liability. By participating in the Sweepstakes, entrant agrees that the Releasees and their 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.


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 2013 US Open Sweepstakes “Rules”/”Winner’s List” (specify which), 2850 Ocean Park Boulevard, Suite 150, Santa Monica, California 90405. Requests must be received by September 13, 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.

17.       FACEBOOK. The Sweepstakes 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.