12/05/2007 – FOX NEWS NETWORK’S
“Nintendo Wii Giveaway”
OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN
The following Fox News Network “Nintendo Wii Giveaway” (the “Promotion”) is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this Promotion if you are not a legal resident of the United States . Further eligibility restrictions are contained in the official rules below.
1. ELIGIBILITY: Open to legal residents of the 50 United States, including Washington DC , and are at least 18 years of age. Void in Puerto Rico, all U.S. territories and possessions and where prohibited by law. This Promotion is governed by US law and is subject to all applicable federal, state and local laws and regulations. Employees of Fox News Network, LLC (“Sponsor”), its parent, affiliated companies, subsidiaries, advertising, promotion and fulfillment agencies involved in this Promotion, and members of the immediate family or household of each, are not eligible to participate. Immediate family member is defined as a parent, sibling or any person residing in the same household as an employee.
2. ENTRY: Promotion begins at 9:00am ET on December 05, 2007, and continues through 12:00pm ET December 17, 2007 ("Promotion Period"). To enter, register at www.foxnewstalk.com. Click on the “Win A Wii” link to open the registration screen. You must complete all of the registration fields on the registration page in order to have a valid entry. Your entry must be received by Sponsor’s server by no later than 12:00pm ET on December 17, 2007. Limit one entry per person and per day. All entries become property of Sponsor and will not be returned. If a potential Prize winner is disqualified for any reason, the Prize will be awarded to an alternate winner by random selection. Entry information will be treated in accordance with Sponsor’s privacy policy. Sponsor may reject any entry it believes is the result of fraud or was submitted in violation of the official rules.
3. ODDS: Odds of winning depend on the number of eligible entries received.
4. PRIZES: Two (2) Nintendo Wii’s which each include one (1) NBA LIVE 2008 game, one (1) Harry Potter and The Order of Phoenix game (each, a “Prize” and collectively, the “Prizes”) will be awarded to two separate winners (each, a “Winner” and collectively, the “Winners”) on or about the last day of the Promotion Period. Approximate retail value (ARV) of each Prize is $339.97. In the event two (2) eligible entries are not received during the Promotional Period, Fox may, in its sole discretion, not award one or more of the Prizes. All expenses not specifically included, including but not limited to any taxes or expenses as set forth, are the sole responsibility of each Winner.
No cash alternative prize is offered, and no substitutions or transfers except in Sponsor’s sole discretion. ALL EXPENSES, TAXES AND COSTS ASSOCIATED WITH ACCEPTANCE AND USE OF THE PRIZES NOT SET FORTH IN THESE RULES ARE THE SOLE OBLIGATION OF THE WINNERS. Sponsor reserves the right to award a prize of equal or greater value in the event an advertised Prize is unavailable.
4. DRAWING: Random drawing for the Prizes will be conducted on or about the last day of the Promotion Period from among all eligible entries received. Potential winners may be notified by phone, email or regular mail. If a potential winner fails to respond within three (3) days of first attempted notification, the Prize will be forfeited and awarded to an alternate.
5. GENERAL: Taxes on Prizes and all expenses related to acceptance and use of Prizes and not specified herein are the sole responsibility of the Winner. Each Winner will be issued an IRS 1099 form by Sponsor if the approximate retail value of their Prize is $600.00 or more. Potential Prize winners may be required to sign and return to Sponsor an affidavit of eligibility, a liability release, and/or, where legal, a publicity release, within seven (7) days of first attempted notification. If a potential winner fails to return such documentation in a timely manner, the Prize will be forfeited and an alternate winner will be selected. A Winner may also be required to send a copy of their passport, driver’s license, birth certificate or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. Return of Prize affidavit/release as undeliverable will result in disqualification and an alternate winner may be selected. Any person attempting to defraud or in any way tamper with this Promotion and any person who does not comply with these Official Rules, will be ineligible for any Prize(s) and may be prosecuted to the full extent of the law. By entering, participants (a) agree to be bound by the official rules and the decisions of the Sponsor (including but not limited to eligibility determinations) which are final and binding in all respects; (b) agree to release Sponsor from any and all liability, loss, damage or injury resulting from participation in this promotion or awarding, receipt, possession, use and/or misuse of any Prize awarded herein and acknowledge that Sponsor has neither made nor is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any Prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and (c) consent to use of his/her name, photograph and/or likeness for advertising and promotional purposes in connection with this Promotion without additional compensation, unless prohibited by law.
6. INTERNET: Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the Promotion should a virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the promotion. In such event, Prizes will be awarded by random drawing from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Sponsor is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, equipment or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; damage to entrant’s or any other person’s computer related to or resulting from participation or downloading any materials; or for any other technical problems related to web site entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by Internet users or by any of the equipment or programming associated with or utilized in the Promotion, or by any technical or human error which may occur in the processing of the entries in the Promotion. If by reason of a printing, computer, production or other error, more Prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of Prizes available in the Prize category in question. No more than the advertised number of Prizes will be awarded.
In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. “Authorized account holder” is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
Receiving e-mail marketing from Sponsor: By submitting a complete entry, you may have made e-mail marketing preferences noted to Sponsor, and may receive e-mail in accordance with these preferences. Upon receipt of any Sponsor e-mail, you may opt out of receiving future e-mails, and you will remain eligible to win the Prizes.
7. DISPUTES: This Promotion is governed by the laws of the United States and the State of New York , without respect to conflict of law doctrines. As a condition of participating in this Promotion, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action, exclusively before a court located in New York having jurisdiction. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys’ fees, other than participant’s actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
8. WINNERS LIST: For the name, city and state of residence of the Winners, send a self-addressed stamped envelope by January 31, 2008 to “Nintendo Wii Giveaway”, Winner List Request, 1211 Avenue of the Americas, 15th Floor, New York, NY 10036.
9. SPONSOR: Fox News Network, LLC, 1211 Avenue of the Americas , New York , NY 10036 .
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