Official Rules: Darren Rovell’s Headline Contest
CNBC Sports Business Reporter
Darren Rovell’s Headline Contest: Official Rules
February 6, 2011
PRELIMINARY INFORMATION: NO PURCHASE NECESSARY TO ENTER OR WIN. Void where prohibited. Darren Rovell’s Headline Contest(“Contest”) will begin on February 6, 2011, immediately following the conclusion of the football game being aired on FOX at 6:00 p.m. ET (the “Game”) and end twenty-five (25) minutes thereafter (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (defined below) received. Contest is subject to all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents physically residing within the forty-eight (48) continental U.S. (residents of Alaska, Hawaii, Puerto Rico, U.S. Virgin Islands, Guam and other U.S. territories are excluded from entry and participation) who are eighteen (18) years of age or older and of the legal age of majority in their state of residence as of the start of the Contest Period. Contestants must have a valid U.S. Social Security Number or a valid U.S. personal tax identification number. Officers, directors, and 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 as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include CNBC, Inc., 900 Sylvan Avenue, Englewood Cliffs, NJ 07632, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, and Sony Music Entertainment, Inc., 550 Madison Avenue, New York, NY 10022 (collectively, “Sponsors”), and their respective parent, subsidiary, and affiliate companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. Contestants must also be of good moral character. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs or alcohol). Contestants must have nothing in their background that would be an embarrassment to Sponsors. At Sponsors’ request, each contestant must be willing to sign a publicity release and an affidavit attesting that such contestant meets all of the foregoing eligibility requirements. Sponsors reserve the right to disqualify contestants for not meeting any of the requirements outlined above or for any other reasons, in Sponsors’ sole discretion.
Please note that by entering you agree that if you are chosen as a potential Winner (defined below) you may be asked to undergo a background check conducted by Sponsors and, if necessary, you may be asked to sign waiver forms authorizing the release of your personal and background information.
All Entries become the property of Sponsors, and will not be acknowledged or returned. Entries must be received within twenty-five (25) minutes of the conclusion of the Game.
By entering the Contest, contestants 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 Statement and to incorporate the Statement in other works in any and all markets and media worldwide in perpetuity without additional compensation, notification, permission or approval. You must have the permission of any person that you identify or otherwise refer to in your Statement. Contestants 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 the Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Statement does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statement (and the related Entries) may be rejected as ineligible for consideration and/or deleted from the Darren Rovell Twitter page. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Statement. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. 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 a contestant, the authorized account holder of the Twitter account used to enter will be deemed to be the contestant. “Authorized account holder” is defined as the person who is assigned to a Twitter account by the Twitter Site. Entry constitutes permission (except where prohibited by law) to use contestant’s name, Twitter user name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
WINNER SELECTION AND NOTIFICATION: Approximately thirty (30) minutes after the end of the Game on February 6, 2011, one (1) or more qualified representatives of Sponsors will review all eligible Entries received during the Contest Period and score the Entries based equally on the following judging criteria: a) originality (50%) and b) creativity (50%) (“Judging Criteria”). The Entry that receives the highest score will be selected as a potential winner (“Winner”) and his or her Statement will be re-tweeted by Darren Rovell. Sponsors will make two (2) attempts to notify potential Winner via direct message to potential Winner’s Twitter account in order to obtain potential Winner’s contact information. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If a potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if prize or prize notification is returned as undeliverable, such 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 awarded (“Prize”) to Winner consisting of a Trip. Trip will consist of the following: 1) Winner and one (1) guest (“Guest”) will receive round trip coach-class airfare from the major airport closest to Winner’s residence to an airport in or near Boston, MA; 2) Winner and Guest will be the guests of Columbia Records at a Harry Connick Jr. concert in Boston, MA on a date to be mutually agreed on between April 26-30, 2011 (“Concert”); 3) Winner and Guest will receive two (2) orchestra seat tickets for the Concert and will meet Harry Connick, Jr. backstage after the Concert (“Meeting”); 4) Winner and Guest will each receive an autographed copy of "Harry Connick, Jr., In Concert On Broadway"; and 5) If Winner and Guest are traveling from the Mountain or Pacific Time zone, they will receive two (2) night’s hotel accommodations (standard room/double occupancy) at a hotel in or near Boston, MA. If Winner is travelling from the Central or ET zone, they will receive one (1) night hotel accommodations (standard room/double occupancy) at a hotel in or near Boston, MA. If Winner resides within a one hundred (100) mile radius of Boston, MA, ground transportation may be provided in lieu of air transportation and no compensation or substitution will be provided for any difference in value of Prize.
Estimated Retail Value (“ERV”) of Prize is three thousand five hundred dollars ($3,500). ERV of Meeting is zero dollars ($0). Sponsors will determine all details of Prizes in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value in their sole discretion. Actual retail value (“ARV”) of Prize may vary depending on point of departure, point of arrival, fare fluctuation and the various Prize elements. Any differences between stated ERV and ARV will not be awarded. Winner will receive an IRS Form 1099 from Sponsors for the total ARV of the Prize for the calendar year in which such Prize was awarded. All taxes and other 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 from Sponsors or if Winner is unable to travel between April 26-30, 2011, as determined by Sponsors in their sole discretion, Prize will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible Entries at Sponsors’ sole discretion. In the event the Meeting is canceled, that portion of the Prize will not be awarded and no other compensation will be awarded. Sponsors reserve the right to substitute a prize of comparable or greater value at their sole discretion. Prize will be awarded “as is” with no warranty or guarantee, either express or implied by Sponsors.
Concert and Meeting are subject to change and cancellation. Tickets for Concert are subject to certain terms and conditions as specified by issuer. Sponsors will determine the location of seats at Concert in their sole discretion. Winner agrees to comply with all applicable venue regulations in connection with Concert.
Trip, airline and hotel reservations will be subject to availability. Certain travel restrictions may apply. Travel and hotel arrangements will be determined by Sponsors in their sole discretion and must be made through Sponsors. All elements of the Prize must be redeemed at the same time. If Winner chooses to take Trip without Guest, the remaining elements of the Prize shall be awarded and will constitute full satisfaction of Sponsors’ Prize obligation to Winner. Once determined, no change, extension or substitution of trip dates is permitted, except by Sponsors in their sole discretion. Unless otherwise indicated, no other travel elements (including, without limitation, insurance, gasoline, meals, gratuities, souvenirs, etc.) are included in Prize. Tickets are non-refundable and are not valid for business-related or group travel. Tickets are valid only for travel on airlines chosen by Sponsors at Sponsors’ sole discretion. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s location and/or place of residence. 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. Each Winner and guest, if any, must have valid travel documents (e.g., valid government-issued photo identification and/or passport) prior to departure. Sponsors 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 is 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.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’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 contestant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of 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 Prize; (c) if selected as a Winner, to the posting of such contestant’s name and/or Twitter user name on www.cnbc.com (the “Website”) and the use by Released Parties of such contestants name, voice, image, and/or likeness for publicity, promotional, and advertising purposes 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 decisions of the Sponsors, which 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 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. 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 outside of the control of Sponsors (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 contestants’ 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 promotional 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. Sponsors reserve the right to cancel, modify, or suspend 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 Winner 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 above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any contestant or potential contestant from participating in the Contest, if such contestant or potential contestant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other contestant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion). Sponsor reserves the right to modify these rules for clarification purposes without materially affecting the terms and conditions of the Contest.
DISPUTES: THE CONTEST 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 February 14, 2011 visit the Website or send a self-addressed, stamped envelope to: CNBC, Inc., 900 Sylvan Avenue, Englewood Cliffs, NJ, 07632, Attn: Darren Rovell.
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