Calling All My Girls Summer Tour Sweepstakes WPLG, Local 10

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE.  A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING.  ODDS OF WINNING ARE DEPENDENT UPON THE NUMBER OF ELIGIBLE ENTRIES RECEIVED.  THIS SWEEPSTAKES IS VOID OUTSIDE OF THE WPLG, LOCAL 10 MARKET AND WHERE OTHERWISE PROHIBITED.  The entry period for the “Calling All My Girls Summer Tour” Sweepstakes (“Sweepstakes"), sponsored by WPLG, Local 10 (“Sponsor”), begins July 23, 2013 at 9:00:00 a.m. Eastern Time (“ET”) and ends at 11:59:59 p.m. ET on August 7, 2013 (the “Sweepstakes Period”).   All federal, state and local laws and regulations apply.  Proof of submitting a Sweepstakes entry will not be deemed by Sponsor as proof of receipt of entry into the Sweepstakes.  Any attempted form of entry into the Sweepstakes other than as described herein is void.

1. ELIGIBILITY: 

The Sweepstakes is open to individuals who meet the following criteria:  (a) are eighteen (18) years of age or the age of majority (whichever is older) on the date of entry and (b) are a legal resident of and physically residing in the greater WPLG, Local 10 area (except where restricted or prohibited by law) (“Entrant”). Neither Sponsor nor employees of Sponsor, “Bethenny”, Time Warner, Warner Bros. Entertainment, Telepictures Productions Inc., WPLG, Local 10 and all of their respective partners, parent companies, divisions, subsidiaries, affiliates, trustees, advertising, promotion and public relations agencies, and their respective officers, directors, employees, agents, independent contractors, representatives and agencies (collectively, the "Sweepstakes Entities”) are eligible to participate in the Sweepstakes and/or win a Prize (as defined below).  Additionally, immediate family members of such employees and persons living in the same household as such employees (whether related or not) are not eligible to win.  For the purposes of this Sweepstakes, “immediate family members” is defined as spouse, domestic partner, mother, father, grandmother, grandfather, children, siblings and their spouses. 

By entering this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sponsor, which are final and binding in all respects and cannot be challenged or appealed.

THE PRIZEWINNER AND GUEST MUST BE ABLE TO ATTEND THE LOCAL “BETHENNY” EVENT ON AUGUST 13, 2013.  If any Sweepstakes winner is not able to attend the local “Bethenny” event, that Sweepstakes winner will be declared ineligible to win any prize and Sponsor shall have the right, in Sponsor’s sole discretion, to select another Entrant as a Sweepstakes winner.

HOW TO ENTER: Online entry is the only method of entry for the Sweepstakes.

Entries received before and/or after the Sweepstakes Period will be void.  All entries become the sole property of Sponsor and will not be acknowledged or returned.

Sponsor’s computer will serve as the official time piece for the Sweepstakes.

To Enter:

If the Entrant meets the eligibility criteria set forth above, then in order to enter Entrant must go to the WPLG, Local 10 Facebook webpage located at https://www.facebook.com/WPLGLocal10 during the Sweepstakes Period and follow the steps below:

A.     To be considered for the Sweepstakes, Entrant must first log in to Entrant’s Facebook account and access the Sweepstakes webpage, located at https://www.facebook.com/WPLGLocal10

B.     Entrant must then click the “Like” button on the Sweepstakes webpage

Entrant’s entry must be received by Sponsor between 9:00:00 a.m. ET on July 23, 2013 and 11:59:59 p.m. ET on August 7, 2013.

A qualifying entry requires all of the following elements submitted via https://www.facebook.com/WPLGLocal10:  Acknowledgment that Entrant meets the eligibility requirements criteria: Entrant is at least eighteen (18) years of age or age of majority (whichever is older) and a resident of the greater Miami-Fort Lauderdale area.

By submitting any entry into the Sweepstakes, whether complete or not and whether eligible or not, each entrant represents and warrants to Sponsor and the Sweepstakes Entities that the entry: (a) is the entrant’s original creation; (b) has not copied, in whole or in part, any other work; (c) does not violate or infringe any copyright, trademark, patent, trade secret, privacy or publicity right, or other proprietary or intellectual property right of any person or entity; (d) is not defamatory, libelous, obscene, or otherwise illegal; and (e) is the sole and exclusive property of the entrant, and is not subject to any third-party rights.  Submission of false or misleading personal information or copied, plagiarized, offensive or otherwise inappropriate entry material or material on Entrant’s Facebook page (as determined by Sponsor in its sole discretion) will be grounds for disqualification of entry. Entries generated by a script, macro or other automated means will be disqualified. Illegible or incomplete entries, as determined by Sponsor in its sole discretion, will be disqualified. Sponsor will not deem proof of submission of an entry as proof of receipt of an entry.

LIMIT:  One (1) entry per Entrant during the Sweepstakes Period.  In the event that a Entrant exceeds the limit, Sponsor may, at Sponsor’s sole discretion, either disqualify all entries by the Entrant or select, at Sponsor’s sole discretion, one (1) entry for judging and reject the remainder.

WINNER SELECTION PROCESS:

At the conclusion of the Sweepstakes Period, ten (10) Entrants will be selected from all eligible entries received during the Sweepstakes Period.  Entrants will be selected by random drawing conducted by Sponsor on or before August 13, 2013.  In the event of a dispute regarding the identity of an Entrant, the entry will be deemed submitted by the authorized Facebook account holder provided to Sponsor.  An authorized Facebook account holder is defined as the natural person who is assigned to a Facebook account.

The Winner of each Prize is referenced hereinafter as the “Prizewinner”. 

If a potential Prizewinner is found ineligible or fails to comply with these Official Rules, such Entrant’s claim to the Prize is forfeited and an alternate qualifying and eligible Entrant may be contacted, at Sponsor’s sole discretion.

All Prizes legitimately claimed will be awarded.

PRIZE:

Ten (10) “Grand Prize” winners will receive two (2) tickets to a local “Bethenny” event to be held in the greater WPLG, Local 10  area (winners under the age of twenty-one (21) will be prohibited from consuming alcohol).

TOTAL APPROXIMATE RETAIL VALUE (“ARV”) OF EACH PRIZE:  $100.00

The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the applicable Prize. 

THE PRIZEWINNER AND GUEST MUST BE ABLE TO ATTEND THE LOCAL “BETHENNY” EVENT ON AUGUST 13, 2013.  If any Sweepstakes winner is not able to attend the local “Bethenny” event, that Sweepstakes winner will be declared ineligible to win any prize and Sponsor shall have the right, in Sponsor’s sole discretion, to select another Entrant as a Sweepstakes winner.

Prizewinners consuming alcohol at the “Bethenny” event must be twenty-one (21) years of age or older.  All Prizewinners will be required to confirm age before and during the event.  Any violation shall result in immediate ejection from the event.

AN ENTRANT IS NOT CONSIDERED THE WINNER OF THE PRIZE UNLESS AND UNTIL SPONSOR HAS COMPLETED ITS VERIFICATION OF ENTRANT’S ELIGIBILITY AND COMPLIANCE WITH THESE OFFICIAL RULES.

PRIZEWINNER NOTIFICATION PROCESS:

Prizewinner will be notified by Sponsor via phone and/or email. If Prizewinner does not accept the Prize and/or return all required documentation and signatures within twenty-four (24) hours following the date and time the Prize is awarded, then that winner will be disqualified and an alternate winner will be selected.

The Sponsor may require the tentative Prizewinner to execute an Affidavit of Eligibility, Liability Release and Publicity Release (collectively, “Affidavit/Release”).  The Affidavit/Release, if required, must be returned to the Sponsor within twenty-four (24) hours of receipt of the Affidavit/Release. A disqualification will result and an alternate entry will be selected if the Affidavit/Release is not returned to the Sponsor within the specified time.

Refusal or return of any Prize notification, Affidavit/Release or Prize as undeliverable will result in disqualification and an alternate entry will be selected.

ADDITIONAL PRIZE INFORMATION:

Sponsor will not replace any lost or stolen tickets, vouchers, or certificates. In the event of such a loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award to that Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prize winner and no additional compensation will be awarded.

All expenses not specifically mentioned herein are not included in any prize and are solely the winner’s responsibility including, without limitation, meals, room service and souvenirs. 

The Prizewinner will be required to review and execute further contracts and releases provided by Sponsor in order to receive the Prize. 

If the Prizewinner elects to partake in any or all portions of the Prize with fewer than the allotted number of guests (or no guests), the Prize will be awarded to the Prizewinner and each participating guest and any remainder of the Prize will be forfeited and shall not be subject to further or alternative compensation.  Any guest must be at least eighteen (18) years of age.  The Prize consists only of the elements expressly set forth above, and no other elements or expenses (including, without limitation, travel, insurance, meals, unspecified ground transportation, phone calls, gratuities, incidentals, souvenirs, gasoline, etc.) are included in the Prize and all such expenses are the sole responsibility of the Prizewinner.  No refund or compensation will be paid in the event of the cancellation or delay of the Prize or any Prize component.  Sponsor will not be liable if the Prize, or any Portion of the Prize, is cancelled or delayed.  Sponsor may, in Sponsor’s sole discretion, attempt to reschedule for a future trip/event.  Prize tickets are subject to certain terms and conditions as specified by issuer.  The terms and conditions of the tickets may govern if a Prize component is cancelled due to weather, an act of God, an act of terrorism, civil disturbance or any other reason.  Sponsor is not responsible for, and will not replace, lost, mutilated, or stolen tickets, vouchers or certificates.  In the event of such loss, Sponsor shall have the right, in Sponsor’s sole discretion, to disqualify the Prizewinner or to award the Prizewinner the remaining elements of the Prize which shall constitute full satisfaction of Sponsor’s prize obligation to the Prizewinner and no additional compensation will be awarded.  Exact details, including seat locations, shall be determined in the sole discretion of Sponsor.  Insurance is the sole responsibility of the Prizewinner and any guest.

There is no substitution for any Prize or any portion thereof and no refunds will be given for any unused portion of the Prize. The Prize is not transferable, assignable or redeemable for cash. All Prize details are at Sponsor’s sole discretion.

Prizewinners are solely responsible for the reporting and payment of any and all federal, state and local taxes as well as any other costs and expenses associated with acceptance and use of a Prize not specified herein as being awarded.  Prizewinners may be issued an IRS form 1099 based on the ARV of each Prize awarded.

PRIVACY STATEMENT:

Entrants’ personal information will be utilized by the Sponsor for fulfillment of Sweepstakes Prizes and to comply with legal requirements. To review Sponsor’s privacy policy, go to http://www.local10.com/-/1717430/3989770/-/9w6eiq/-/index.html. To review Sponsor’s terms of use, go to http://www.local10.com/terms-of-use/-/1717430/3981532/-/h032in/-/index.html.  By entering this Sweepstakes, Entrants accept and agree to abide by these privacy policies and terms of use.

OWNERSHIP AND LICENSE: 

All Sweepstakes related materials, including submission entries (collectively, “Submission”) becomes the property of the Sponsor and will not be acknowledged or returned.  The copyright in any Submission shall remain the property of the Entrant, but entry into this Sweepstakes constitutes Entrant’s irrevocable and perpetual permission and consent, without further compensation or attribution, to use, reproduce, print, publish, transmit, distribute, sell, perform, adapt, enhance, or display such Submission for any purpose, including but not limited to editorial, advertising, trade, commercial, and publicity purposes by the Sponsor and/or others authorized by the Sponsor, in any and all media now in existence or hereafter invented, throughout the universe, for the duration or the copyright in the Submission.  Sponsor and/or others authorized by Sponsor shall have the right to edit, adapt, and modify the Submission. 

Any use of any of the Sweepstakes Entities trademarks or copyright interest is strictly prohibited and may subject Entrant to civil and/or criminal liability.

PUBLICITY GRANT:

Except where prohibited by law or Sponsor’s Privacy Policy the Prizewinner shall be required to grant Sponsor the perpetual and irrevocable right and license to use his/her name, photograph, visual and audio likeness, statements, biographical information, address (including city and state of residence) and any other information contained in his/her entry on a worldwide basis, and in all forms of media now known or hereafter invented or discovered (including, without limitation, on the Sponsors’ web sites), in perpetuity, without further compensation, notice, review or approval.

NO WARRANTIES:

ALL PRIZES ARE PROVIDED “AS IS” AND “with all faults.” SWEEPSTAKES ENTITIES make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize, or any portion thereof, including, without limitation, its quality, merchantability or fitness for a particular purpose. Any and all warranties for a prize, or any portion thereof, are contained in the manufacturers’ or service providers’ warranties, as relevant.

All trademarks are the property of their respective owners.  The use of certain companies’ products and services as Prizes does not imply participation in, approval of, or endorsement of this Sweepstakes by such companies.

RELEASE, HOLD HARMLESS AND INDEMNIFICATION:

By entering, ALL participants IN THE SWEEPSTAKES, participant’s HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL SUCCESSORS AND/OR ASSIGNS release and agree to defend, indemnify and hold harmless the SPONSOR AND ALL SWEEPSTAKES ENTITIES From and against any and all claims, demands, losses and causes of action for any DAMAGES (INCLUDING, WITHOUT LIMITATION, ALL CONSEQUENTIAL, punitive, AND INCIDENTAL DAMAGES), liability, loss, cost, fees (including attorneys’ fees), including, without limitation, damage to PERSON (INCLUDING DEATH) OR personal or real property, due in whole or in part, directly or indirectly, by reason of THE acceptance, possession, REDEMPTION, MISDIRECTION, use or misuse of ANY prize OR ANY PORTION OF ANY PRIZE (including any activity OR TRAVEL related thereto) or participation in the SWEEPSTAKES and the ACTIVITIES OR FOR ANY And all claims based on rights of publicity and rights of privacy WHETHER any of these things are CAUSED, IN WHOLE OR IN PART, BY THE ACTS, OMISSIONS, NEGLIGENCE OR MISCONDUCT OF THE SPONSOR AND/OR THE SWEEPSTAKES ENTITIES. 

DISCLAIMERS / LIMITATIONS ON LIABILITY:

By ENTERING, ALL PARTICIPANTS IN THE SWEEPSTAKES agree that THE SWEEPSTAKES ENTITIES assume no liability whatsoever for injuries or damages of any kind sustained in connection with THE PHOTO, STATEMENT AND/OR ENTRANT’S ENTRY INTO THE SWEEPSTAKES, THE use, acceptance, possession or awarding of ANY prize or while preparing for, participating in and/or traveling to or from any SWEEPSTAKES-related activity, including, without limitation, any injury, damage, death, loss OR accident to person or property due to an intentional act, an act of negligence or default and/or any act of God.

The Sweepstakes Entities are not responsible for human errors or for any damaged, tampered with, delayed, illegible, incomplete, inaccurate, garbled, late, lost, forged, misaddressed, misdirected, mutilated, mass machine-generated, unintelligible, incomprehensible, postage-due or stolen mail or entries or entries otherwise not in compliance with these Official Rules. In addition, Sweepstakes Entities are not responsible for any typographical errors in these Official Rules, Sweepstakes content or any advertising materials for the Sweepstakes, or for any kind of computer, electronic, hardware, software, Internet, network, technical or telephone failures and/or problems caused by the Sponsor and/or the Sweepstakes Entities or the user, or by any of the equipment or programming associated with or utilized in the Sweepstakes, or by any human, typographical, electronic, network or other error that may occur in receiving and/or processing of the entries in the Sweepstakes, or by infection by computer viruses, bugs, tampering, unauthorized intervention, fraud or technical failure.

If the Sweepstakes becomes compromised, hampered, interrupted, not capable of running as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Sponsor and/or the Sweepstakes Entities, the user or by any of the equipment or programming associated with or utilized in the Sweepstakes, Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Sweepstakes or any Sweepstakes offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select Prizewinners from all entries received for the Sweepstakes prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion, fire, casualties, equipment failure, boycott; labor dispute, strike or stoppage (including a strike by the members of any union), labor or material shortage, transportation interruption of any kind, an act, regulation, order or request of or by any federal, state or local authority or quasi-governmental entity (whether or not the act, regulation, order or request proves to be invalid); or any other similar or dissimilar act beyond the Sponsor’s control.

GENERAL CONDITIONS OF ENTRY:

All Entrants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Sweepstakes. Entrants agree not to knowingly damage or cause interruption of the Sweepstakes and/or prevent others from utilizing the Sweepstakes. CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE OR CELLULAR SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES OR CAMPAIGN VIOLATES CRIMINAL AND/OR CIVIL LAWS.

IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT THEIR SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY AND ALL SWEEPSTAKES PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.

GOVERNING LAW AND VENUE:

The parties agree that the Sweepstakes and these Official Rules will be governed, construed and interpreted under the laws of the State of California without giving effect to any choice of law or conflict of law rules (whether of the State of California or any other jurisdiction) which would cause the application of the laws of any jurisdiction other than the State of California. Each participant agrees (i) that any or all lawsuits brought by participants pursuant to these Official Rules or the Sweepstakes will be brought in the courts located in Los Angeles, California and (ii) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any Prize awarded shall be resolved individually, without resort to any form of class action.  Sweepstakes participants hereby waive any and all objections to personal jurisdiction.  Any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred including, without limitation, costs associated with entering this Sweepstakes but in no event attorneys’ fees.  Under no circumstances will Sweepstakes participants be permitted to obtain awards for, and hereby waive all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased.