Official Rules
May 14, 2010 – May 31, 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 Philly Baseball in Boston Sweepstakes (“Sweepstakes”) will begin on May 14, 2010 at 1:00 a.m. Eastern Time (“ET”) and end on May 31, 2010at 11:59 p.m. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time. 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 twenty-one (21) years of age or older 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 Sponsors (as defined below), 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 keyword “Fenway.” Follow the instructions provided to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth. All entries become the property of WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, Phillytailgate.com, PO Box 1195, Voorhees, NJ 08043, and NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112 (collectively, “Sponsors”), and will not be acknowledged.
Entries must be received before 11:59 p.m. ET on May 31, 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 June 2, 2010 one (1) potential winner will be randomly selected by Sponsors’ representatives from all eligible entries received prior to the applicable drawing date. 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 consisting of a Phillytailgate.com trip (the “Trip”) for winner and a guest to attend the Philadelphia Phillies and Boston Red Soxs game (the “Game”) and Phillytailgate.com Pre-Game Tailgate party (the “Party”), both scheduled to take place on Saturday, June 12, 2010 in Boston, Massachusetts. (“Party” and “Game”, collectively, “Events”). The Trip will include the following elements, each as determined by Sponsors in their sole discretion: Standard hotel accommodations (standard room, double occupancy) at the Boston Park Plaza Hotel and Towers for two (2) nights as determined by Sponsors in their sole discretion, on or about June 11, 2010 through June 13, 2010; roundtrip deluxe motorcoach transportation for winner and guest (motorcoach line to be determined by Sponsors in their sole discretion); two (2) admission passes to the Party; two (2) tickets to the Game; two (2) passes to a private tour of the Samuel Adams Brewery; and ground transportation to and from the Events.
Estimated Retail Value (“ERV”) of the Prize is $958.00. Actual retail value of Prize may vary depending on fare fluctuation for the Trip. Any difference between stated ERV and actual ERV will not be awarded. Each winner will receive an IRS Form 1099 from Sponsors for the total ERV of Grand Prize for the calendar year in which Prize was won. All Prize details are at the sole discretion of Sponsors. No substitution, transfer, or cash equivalent of Prize by winners, except that Sponsors reserve the right, at their sole discretion, to substitute a similar Prize of comparable or greater value for any reason including, without limitation, Prize unavailability. Except as indicated above, no other Prize elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Dates and/or times of Events are subject to change. Events are subject to postponement and/or cancellation. If Events are postponed and/or cancelled, or, if a winner chooses to take the Trip or attend one or more of the Events with no guest, or if a Prize element is unavailable for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ obligation to such winner and no additional compensation will be awarded. If Prize is unclaimed within a reasonable time after notification by Sponsors, it will be forfeited and an alternate potential winner may be selected in a random drawing from among the remaining eligible Entries at Sponsors’ sole discretion. Travel and hotel arrangements will be determined by Sponsors in their sole discretion. Once determined, no change, extension or substitution of Prize (including Trip dates is permitted), except by Sponsors in their sole discretion. Winner and guest, if any, must travel together on the same itinerary. 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 Sponsors at Sponsors’ sole discretion. Tickets will be issued only to winner and guest, if any. Tickets are void if sold for cash or other consideration. Winner is responsible for all tax liabilities, 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. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Winner and guest, if any, must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Prize consists only of the elements set forth above. Travel arrangements must be made through Sponsors. Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, 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. Guest, if any, may be required to complete, execute, and return releases of liability and, where legal, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or guest portion of the Prize will be forfeited. Guest, if any, must be twenty-one (21) years of age on or before June 11, 2010.
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.
Except where prohibited, all issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of you and the Sweepstakes sponsor(s) in connection with the Sweepstakes (if any), shall be governed by, and construed in accordance with, the laws of the state of New York, without giving effect to any choice of law or conflict of law rules (whether of the state of New York, or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the state of New York. YOU AGREE THAT IF ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THESE OFFICIAL RULES, THE BREACH OF ANY TERM HEREOF, OR YOUR PARTICIPATION IN CONNECTION WITH THE SWEEPSTAKES CANNOT BE SETTLED THROUGH DIRECT DISCUSSIONS, THE PARTIES SHALL ENDEAVOR FIRST TO SETTLE THE CONTROVERSY OR CLAIM BY MEDIATION CONDUCTED IN THE CITY OF NEW YORK AND ADMINISTERED BY JAMS UNDER ITS APPLICABLE RULES. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, YOU AGREE THAT IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION CONDUCTED IN THE CITY OF NEW YORK, AND ADMINISTERED BY JAMS IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (THE “JAMS RULES”, AVAILABLE AT WWW.JAMSADR.COM, INCLUDING, WITHOUT LIMITATION, THE RULE PROVIDING THAT EACH PARTY SHALL PAY PRO RATA ITS SHARE OF JAMS FEES AND EXPENSES, AND THE RULES PROVIDING FOR LIMITED DISCOVERY AND OTHER EXCHANGE OF INFORMATION). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE AN ARBITRATOR LICENSED TO PRACTICE LAW IN NEW YORK OR A RETIRED JUDGE. NOTWITHSTANDING THE ABOVE REQUIREMENTS, IF ANY PARTY FILES SUIT IN COURT, OR FILES AN ARBITRATION BEFORE FIRST SEEKING TO MEDIATE, IN DIRECT VIOLATION OF THIS PARAGRAPH, THE OTHER PARTY NEED NOT REQUEST MEDIATION TO ENFORCE THEIR RIGHT TO COMPEL ARBITRATION. ANY MEDIATION OR ARBITRATION PROCEEDINGS, TESTIMONY, OR DISCOVERY, ALONG WITH ANY DOCUMENTS FILED OR OTHERWISE SUBMITTED IN THE COURSE OF ANY SUCH PROCEEDINGS (AND INCLUDING THE FACT THAT THE MEDIATION OR ARBITRATION IS EVEN BEING CONDUCTED), SHALL BE CONFIDENTIAL AND SHALL NOT BE DISCLOSED TO ANY THIRD PARTY EXCEPT TO THE MEDIATORS OR ARBITRATORS AND THEIR STAFF, THE PARTIES’ ATTORNEYS AND THEIR STAFF, AND ANY EXPERTS RETAINED BY THE PARTIES. IF ANY PORTION OF THE DISPUTE RESOLUTION MECHANISM SET FORTH HEREIN IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THAT PORTION SHALL BE SEVERED FROM THE REST AND SHALL NOT AFFECT YOUR AGREEMENT TO RESOLVE ALL CONTROVERSIES AND CLAIMS THROUGH MEDIATION AND ARBITRATION.
WINNER ANNOUNCEMENT: For the names of the winner, available after June 4, 2010, visit www.NBCPhiladelphia.com or for an additional copy of these Official Rules, send a self-addressed, stamped envelope to be received by July 9, 2010 to: [WCAU Philly Baseball in Boston “RULES” or “WINNER’S NAME” (specify which), to 10 Monument 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.
