Official Rules
October 11, 2010– October 22, 2010
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A purchase will not improve your chances of winning. Void outside the WCAU terrestrial geographic viewing area and where prohibited. The WCAU Double Island Fantasy Sweepstakes (“Sweepstakes”) will begin on October 11, 2010 at 1:00 p.m. ET and end on October 22, 2010 at 1:00 p.m. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Sweepstakes is subject to all applicable federal, state and local laws. Odds of winning depend upon the number of eligible entries received.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are physically located in the WCAU terrestrial geographic viewing area in the counties of Berks, Lehigh, Northampton, Bucks, Montgomery, Chester, Delaware, and Philadelphia in the state of Pennsylvania; the counties of Burlington, Camden, Gloucester, Cape May, Atlantic, Salem, and Cumberland in the state of New Jersey; and the counties of New Castle and Kent in the state of Delaware; and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Employees of Sweepstakes Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households (whether related or not) are not eligible to enter or win the Sweepstakes. Sweepstakes Entities, as referenced herein, shall include WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, Academy of Music, 1420 Locust Street, Philadelphia, PA 19102, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), Apple Vacations, P.O. Box 6500, Newtown Square, PA 19073 (“Prize Provider”), and their respective parent, subsidiary, and affiliate companies, administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: To enter, access the WCAU website at www.nbcphiladelphia.com and search for the keywords “South Pacific.” Follow the instructions provided to complete and thereafter submit the entry form, which includes entrant’s name, address, telephone number, email address, and date of birth (“Entry”). All Entries become the property of Sponsors, and will not be acknowledged.
Entries must be received before 1:00 p.m. ET on October 22, 2010, to be eligible for the Sweepstakes. Limit one (1) Entry per person/email address during the entire Sweepstakes Period. Multiple Entries received from any person or email address beyond the stated limits will void all such additional entries. Entries that are incomplete, garbled, corrupted, or unintelligible for any reason including, but not limited to, computer or network malfunction or congestion are void and will not be accepted. In the event of a dispute over the identity of an entrant who submitted a potentially winning Entry, Sponsors reserve the right to deem that the Entry was submitted by the registered subscriber of the email address submitted at the time of entry. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image and/or voice in any and all media now or hereafter known, throughout the world in perpetuity without additional compensation, notification, permission, or approval.
PRIVACY POLICY: Entrants will have the opportunity to receive information from WCAU and selected partners by checking the appropriate box. If, at any time, you no longer wish to receive materials from WCAU or our selected partners, please go to our privacy policy, located at www.nbcphiladelphia.com/privacy, or the privacy policy of Phillytailgate.com, located at https://www.ratepoint.com/privacy/.
WINNER SELECTION AND NOTIFICATION: On or about October 25, 2010, one (1) potential winner will be randomly selected by Sponsors’ representatives from all eligible entries received during the Sweepstakes Period. The potential winner shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. Sponsors will make two (2) attempts to notify potential winner at the phone number and/or email address submitted at the time of entry. Potential winner may be required to execute and return an Affidavit of Eligibility, Release of Liability, and, except where prohibited, a Publicity Release (collectively, “Sweepstakes Documents”) within two (2) days of such notification in order to claim the applicable prize. Noncompliance within the designated time period may result in disqualification, and an alternate potential winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. By returning the completed Sweepstakes Documents, potential winner attests to the authenticity of his/her Entry. If a potential winner cannot be reached, if he/she is found to be ineligible, if he/she cannot or does not comply with these Official Rules, or if his/her prize or prize notification is returned as undeliverable, potential winner will be disqualified, and time permitting, at Sponsors’ sole discretion, an alternate potential winner may be selected from the remaining eligible entries.
PRIZE: There will be one (1) prize (“Prize”) awarded to winner. The Prize consists of: 1) two (2) tickets to South Pacific (“Performance”), scheduled to take place on Tuesday, November 23, 2010 at 7:30 p.m. at the Academy of Music, located at 260 South Broad Street, Philadelphia, Pennsylvania 19102; and 2) one (1) two thousand seven hundred dollars ($2,700) Apple Vacations Gift Certificate (“Vacation Certificate”), redeemable for one (1) Apple Vacations trip (“Trip”), described below, which may not exceed two thousand seven hundred dollars ($2,700). If winner assembles a travel package that costs less than two thousand seven hundred dollars ($2,700), it will constitute fulfillment of the Sponsors’ prize obligation to winner and the difference in value will not be awarded in cash or otherwise.
Transportation will not be provided to or from Performance. Tickets to Performance are subject to certain terms and conditions as specified thereon. The location of the seats at Performance will be determined by Sponsors in their sole discretion. Winner and guest (“Performance Guest”), if any, agree to comply with all applicable venue regulations in connection with Performance. Date and/or time of Performance are subject to change. Performance is subject to cancellation. If winner chooses to attend Performance with no guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to winner and no additional compensation will be awarded.
Trip will consist of one (1) Apple Vacations air/hotel package to Cancun or Punta Cana from a list of air/hotel packages designated by Sponsors in their sole discretion; ground transportation to and from airport and hotel; and an itinerary of activities as determined by Sponsors in their sole discretion. Winner has the option of choosing an itinerary of activities as offered and determined by Prize Provider in its sole discretion, but in no case may they choose an itinerary that exceeds two thousand seven hundred dollars ($2,700). For sample pricing, please refer to www.applevacations.com and click on “Plan Your Vacation” to look up flights, dates, and hotel pricing. Trade flights/pricing must be on Apple Vacations flights on USA3000 Airlines; scheduled commercial air carriers cannot be used. Only up to eight (8) seats can be booked on trade per flight. Trips are subject to availability, excluding holiday space (five (5) days before, five (5) days after) and cannot be booked until sixty (60) days prior to departure. If chosen hotel goes over the trade amount authorized, winner will be invoiced the difference. January 15 – April 15 is the high season and pricing may be higher and hotels may be limited during this time frame. A valid passport is required for travel. Failure to obtain a passport prior to travel will result in denial of boarding and loss of Trip. For more information on redeeming the Vacation Certificate, log onto www.applevacations.com/prizewinner for frequently asked questions, departure days, and departure taxes/fees.
Total Estimated Retail Value (“ERV”) of Prize is up to two thousand eight hundred seventy dollars ($2,870). All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. Post-departure travel insurance protection must be purchased and will be added the time of booking. Winner will receive an IRS Form 1099 from Sponsors for the total actual retail value (“ARV”) of Prize for the calendar year in which Prize was awarded. Sponsors reserve the right to substitute Prize (or Prize element) of comparable or greater value for any reason at Sponsors’ sole discretion. Once booked, Trip cannot be changed. Prize cannot be transferred by winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by winner. U.S. and foreign departure taxes, fuel surcharges, and airport fees are not included and must be paid prior to travel. If Prize is unclaimed within a reasonable time after notification by Sponsors, it will be forfeited and an alternate winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to winner and no additional compensation will be awarded.
Trip must be completed by January 31, 2011, or by another date specified by Sponsors in their sole discretion or Trip will be forfeited. Winner may use a portion of Vacation Certificate to pay for a guest (“Trip Guest”) on the Trip. Total Trip cost, including but not limited to airfare, hotel accommodations, and ground transportation to and from the airport and hotel, and any itinerary of activities, cannot exceed two thousand seven hundred dollars ($2,700). ARV of Trip varies depending on the point of departure, point of arrival, and fare fluctuation for the Trip. Any differences between stated ERV and ARV will not be awarded.
Certain blackout periods and other travel restrictions may apply. Prize Provider will determine travel and hotel arrangements in their sole discretion. Once determined, no change, extension, or substitution of Prize (including Trip dates is permitted), except by Prize Provider or Sponsors in their sole discretion. Trip Guest, if any, must be the age of majority in his/her state of residency as of the first date of travel or winner must be Trip Guest’s parent or legal guardian and must complete and return all releases on behalf of him or her. Winner and Trip Guest, if any, must travel together on the same itinerary. No other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Airline and hotel reservations are subject to availability. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airline chosen by Prize Provider at Prize Provider’s sole discretion. Tickets will be issued only to winner and Trip Guest, if any. Tickets are void if sold for cash or other consideration. Winner is responsible for any tax liability, including applicable departure taxes or fees, inspection charges, security charges or other ticket or baggage fees. Once issued, tickets are non-transferable and may not be reissued once travel has commenced. Open tickets may not be issued and stopovers are not permitted. If an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the Trip. Prize Provider and Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and Trip Guest, if any, must have valid travel documents (e.g., valid passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Prize Provider, on a carrier of Prize Provider’s choice at no sooner than sixty (60) days prior to travel. If winner chooses to take the Trip with no Trip Guest, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ prize obligation to winner and no additional compensation will be awarded. Trip Guest (or Trip Guest’s parent or legal guardian if he or she is a minor), if any, will be required to execute and return a release of liability and, except where prohibited, publicity release, which must be returned to Sponsors by a date specified, or Trip Guest portion of Prize will be forfeited. Trip Guest, if any, may be required to execute and return releases of liability and, where legal, publicity releases (collectively, “Trip Guest Documents”), which must be returned with the Sweepstakes Documents, or his or her Guest portion of the Prize will be forfeited. If winner or Trip Guest resides within a one hundred (100) mile radius of the chosen destination, ground transportation may be provided in lieu of air transportation, at the Sponsors’ sole discretion, and no compensation or substitution will be provided for any difference in Prize value.
Sponsors and Prize Provider shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. All travel will be at the risk of winner and Guest, if any. All elements of Prize must be redeemed at the same time.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors and administrators (a) to release and hold harmless Sweepstakes Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the Sweepstakes (including any travel related thereto) and/or his/her acceptance, possession, use, or misuse of a prize, or any portion thereof; (b) to indemnify Released Parties from any and all liability resulting or arising from the Sweepstakes and to hereby acknowledge that Released Parties 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 the Prize, including express warranties provided exclusively by the Prize supplier that are sent along with Prize; (c) if selected as a winner, to the posting of such entrant’s name on www.nbcphiladelphia.com and the use by Released Parties of such name, voice, image, and/or likeness in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Sweepstakes itself, and to be bound by all actions of the Sponsors and judges, whose decisions are binding and final. Failure to comply with these conditions may result in disqualification from the Sweepstakes at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Sweepstakes or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Sweepstakes or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. Sponsors reserve the right to cancel, suspend or modify the Sweepstakes or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification or suspension, Sponsors reserve the right to select a winner, as applicable, from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification or suspension based on the judging criteria described above. Notice of such cancellation, modification or suspension will be posted at www.nbcphiladelphia.com. Sponsors may prohibit any entrant or potential entrant from participating in the Sweepstakes, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Sweepstakes. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any publicity, promotional, advertising or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned.
DISPUTES: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN NEW YORK. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF NEW YORK. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the name of the winner, available after October 29, 2010, send a self-addressed, stamped envelope to be received by December 10, 2010 to:
WCAU Double Island Fantasy Sweepstakes,
Brian Castelli
10Monument Road,
Bala Cynwyd, PA 19004.
ã2010 NBC Universal, Inc. All rights reserved. Official Rules may be copied for personal use only and not for any commercial purposes whatsoever.
