WCAU Queen or King for a Day Contest
Official Rules
November 13, 2009 – December 3, 2009
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 Queen or King for a Day Contest (“Contest”) will begin on November 13, 2009 at 12:00 p.m. Eastern Time (“ET”) and end on December 3, 2009 at 11:59 p.m. ET (“Contest Period”). All times in the Contest refer to Eastern Time. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal U.S. residents who are 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 November 13, 2009. Employees of Contest 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 Contest. Contest Entities, as referenced herein, shall include Sponsors, 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 Contest.
TO ENTER: To enter, access the WCAU website at www.NBCPhiladelphia.com (the “Web Site”) and search for the keywords “Lion King.” 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 (“Entry”). As part of the Entry, you will also be required to upload the following: an original essay of 250 words or less on the following theme: Describe a hardship or dilemma you or someone you know recently faced and explain why you or that someone deserves a day of pampering (“Essay”). You must submit the Essay online according to the provided instructions on the Web Site to enter and be eligible for the Contest. The nominee must be eighteen (18) years of age or older as of the start of the Contest Period and meet all of the eligibility requirements in these Official Rules. You may not nominate yourself for a day of pampering. All Entries become the property of WCAU, 10 Monument Road, Bala Cynwyd, PA 19004, NBC Universal, Inc., 30 Rockefeller Plaza, New York, NY 10112, and Walt Disney Company, 500 S Buena Vista Street, Burbank, CA 91521 (collectively, “Sponsors”), and will not be acknowledged or returned.
. Your Essay must be original (that is, written by you), true and verifiable, typed legibly in the English language, and no more than 250 words in length. You must have the permission of any person that you nominate for a spa treatment in your essay and such person must meet the eligibility requirements outlined below. By entering the Contest, entrants each grant Sponsors the non-exclusive, royalty-free, and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit the essay and to incorporate the essay in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of their essay will not infringe on any rights of third parties, including, without limitation, copyright, trademark, defamation, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. Any essay containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the essay.
Entries must be received before 11:59 p.m. Eastern Time on December 3, 2009, to be eligible for the Contest. All eligible Entries will be judged at the close of the Contest Period. You may enter once during the Contest Period. Multiple entries received from any person beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified. 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 case 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 for purposes of advertising, promotion, and publicity without additional compensation, notification, permission or approval.
WINNER SELECTION AND NOTIFICATION: On or about December 7, 2009, one (1) potential winner will be selected by a panel of qualified judges designated by Sponsors in their sole discretion. The potential winner shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules. The potential winner will be selected based on the following judging criteria measured on a 100-point scale: creativity (20 points), strength of argument (50 points), and originality (30 points).
Sponsors reserve the right to extend the Contest Period or cancel the Contest, if they do not receive a sufficient number of eligible and qualified entries as determined by Sponsors in their sole discretion. In the event of a tie, an additional “tie-breaking” judge will determine the winner from such tied Entries using the judging criteria outlined above. Sponsors’ and judges’ decisions are final and binding on all matters relating to this Contest.
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, publicity release within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and at Sponsors’ sole discretion, the prize may be awarded to the runner-up with the next highest score based on the judging criteria above. If 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 at Sponsors’ sole discretion, the applicable prize may be awarded to the runner-up with the next highest score based on the judging criteria above.
PRIZE: There will be one (1) prize (“Prize”) awarded, consisting of a gift certificate redeemable for one (1) "Couples Massage" at The Spa at Four Seasons Hotel Philadelphia for Winner and a guest (Guest) to receive a fifty-minute massage in a private couples suite; one (1) poolside snack; valet parking; and four (4) tickets to the Lion King (“Performance”), scheduled to take place at the Kimmel Center. 260 South Broad Street, Philadelphia, PA 19102.
The Estimated Retail Value (“ERV”) of Prize is six hundred dollars ($600). All Prize details are at the sole discretion of Sponsors. Sponsors reserve the right to substitute Prize (or Prize element) of comparable or greater value for any reason at Sponsors’ sole discretion. All taxes and other unspecified expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winner. 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. If Prize is unclaimed within a reasonable time after notification by Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited and Prize may be awarded to the runner-up with the next highest score based on the judging criteria above 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. Prize is subject to certain terms and conditions as specified by issuer. Certain admission restrictions may apply. Gift certificate is valid only for stays occurring between Sunday nights and Friday mornings. Certain blackout dates, including, but not limited to, all Friday and Saturday nights, may apply. No other travel elements (including, without limitation, ground and/or air transportation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. 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. Date and/or time of Performance to be determined by Sponsors at their sole discretion and is subject to change. Performance is subject to postponement and/or cancellation. If Performance is postponed and/or cancelled, or, if a winner chooses to attend Performance without Guest, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ obligation to winner and no additional compensation will be awarded. If winner chooses to stay at the hotel with no Guest, the remaining elements of the Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to winner and no additional compensation will be awarded. Guest, if any, will be required to execute and return a release of liability and, except where prohibited, publicity release (collectively, the “Guest Documents”), which must be returned with the Sweepstakes Documents, or Prize will be forfeited and an alternate potential winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. Guest must be the age of majority in his or her state of residency as of the first date of hotel stay or winner must be Guest’s parent or legal guardian and must complete and return the Guest Documents on behalf of such minor Guest.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors and administrators (a) to release and hold harmless Contest 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 Contest (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 Contest 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 Contest 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 Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to terminate the Contest or permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest 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 Contest 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 Contest, 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 Contest. 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, WCAU, and the Contest sponsor(s) in connection with the Contest (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 CONTEST 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 name of the winner, available after December 9, 2009, visit www.NBCPhiladelphia.com or send a self-addressed, stamped envelope to be received by January 20, 2009 to:
WCAU Queen or King for a Day Contest,
Brian Castelli,
WCAU,
10 Monument Road,
Bala Cynwyd, PA 19004.
