KISS KRUISE SWEEPSTAKES
• NO PURCHASE IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OF ANY KIND WILL NOT INCREASE
YOUR CHANCES OF WINNING.
• VOID WHERE PROHIBITED BY LAW.
• AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE FORMS MAY BE REQUIRED.
• ALL DISPUTES WILL BE RESOLVED SOLELY BY BINDING ARBITRATION AND YOU ARE WAIVING YOUR ABILITY TO BRING
CLAIMS IN A CLASS ACTION FORMAT.
• ONLINE ENTRY ONLY AND INTERNET ACCESS IS REQUIRED.
BY ENTERING (OR OTHERWISE PARTICIPATING) IN THE SWEEPSTAKES, YOU MUST AGREE TO THESE OFFICIAL RULES, WHICH CREATE A CONTRACT SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, SUCH CONTRACT INCLUDES GRANTS OF RIGHTS AND INDEMNITIES TO SPONSOR FROM YOU AND MANDATORY ARBITRATION OF DISPUTES AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. Eligibility. The “KISS KRUISE Sweepstakes” (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States or the District of Columbia and who are at least the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) at the time of entry. Employees, officers and directors (and each of their immediate family members (i.e., parents, legal guardians, children, grandparents, grandchildren, spouses or siblings and their respective spouses) and those living in their same households, whether or not legally related) of AXS TV LLC (herein after the “Sponsor”) and its respective parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Sweepstakes. By participating, entrants agree to be bound by these “Official Rules” and the decisions of the Sponsor, which are binding and final on matters relating to this Sweepstakes, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
2. Sweepstakes Period. The Sweepstakes begins on or about 12:00 a.m. Eastern Time (“ET”) on September 1, 2013 and ends at 11:59 p.m. ET on October 7, 2013 (the “Sweepstakes Period”).
3. How to Enter. Those who wish to enter the Sweepstakes (each an “Entrant” and collectively the “Entrants”) may complete the Official Entry Form (an “Entry”) available on the Sweepstakes Website which may include, among other things, his/her full name, address (no P.O. Boxes), e-mail address, phone number, date of birth and related registration information as prompted. LIMIT ONE (1) ENTRY PER PERSON OR E-MAIL ADDRESS (REGARDLESS OF WHETHER MORE THAN ONE PERSON USES THE SAME E-MAIL ADDRESS) DURING THE SWEEPSTAKES PERIOD.
Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified at Sponsor’s sole and absolute discretion. All entries that are late, illegible, incomplete, damaged, destroyed, forged or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Entries generated by script, macro or other automated means and entries by any means which subvert the entry process are void. All entries become the physical property of Sponsor and will not be acknowledged or returned.
In the event of a dispute as to the identity of any Entrant who submits an entry, the entry will be deemed submitted by the holder of the e-mail account from which it was sent but only if such person is otherwise eligible. The “account holder” is the person assigned an e-mail address or service by the organization responsible for assigning addresses for the domain associated with the submitted address. Winners may be required to show proof of being the registered account holder. If a dispute cannot be resolved to the Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor and affiliated entities are not responsible for lost, misdirected, misplaced, stolen, tampered with, deleted, or invalid entries. Assurance of delivery of entries is the sole responsibility of the Entrant.
4. Prize. All eligible Entrants will be entered into a drawing for one (1) grand prize (the “Prize”) worth approximately US$4,000.00 consisting of a trip aboard the KISS KRUISE for the winner and a guest. The Prize shall include the following:
• Round-trip coach air transportation from a major airport in the continental United States, nearest to the winner’s residence, to Miami, Florida;
• One (1) double occupancy hotel room in Miami if necessary;
• Transportation to and from airport/port;
• Five (5) days and Four (4) nights accommodations in one (1) interior deck cabin (double occupancy) aboard the KISS KRUISE scheduled to depart from the Port of Miami on Monday, October 28, 2013 and return on Friday, November 1, 2013.
ALL OTHER TRAVEL ARRANGEMENTS ARE THE SOLE RESPONSIBILITY OF THE WINNER.
The Prize is non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the Winner (as defined below) with their prize, the Sponsor may elect, to provide the Winner with the an alternate prize of comparable or greater value. The Prize is awarded “AS IS” and without warranty of any kind, express or implied (including, without limitation, any implied warranty of merchantability or fitness for a particular purpose). Prize Winner will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the Prize they receive (including without limitation all costs necessary to claim the Prize including travel), regardless of whether used, in whole or in part.
5. Determining the Winner. One Sweepstakes Grand Prize Winner (the “Winner”) will be determined by a random drawing from all eligible Entries received, to be held after the end of the Sweepstakes Period at the Sponsor’s offices. All decisions of the Sponsor are final and binding. Odds of winning the Prize depend on the number of eligible Entries received.
6. Winner Notification. The potential Winner will be notified by mail and/or e-mail (as selected by Sponsor) with five (5) days of the end of the Sweepstakes Period. The Sponsor is not responsible for false, incorrect, changed, incomplete or illegible contact information. Notification is deemed to have occurred immediately upon sending of an e-mail, one (1) day after sending via a delivery service or two (2) days after mailing. The potential Winner may be required to execute and return a number of agreements including but not limited to: an affidavit of eligibility, a liability release, and a publicity release (collectively, “Prize Acceptance Documents”) within five (5) days of the date of issuance. If such documents are not returned within the specified time period, a prize or prize notification is returned as undeliverable, Sponsor is unable to contact a potential Winner or a potential Winner is not in compliance with these Official Rules, the prize will be forfeited and, at Sponsor’s discretion, an alternate winner selected.
Non-compliance shall result in disqualification and award of the prize to an alternate winner at Sponsor’s discretion. If the potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines the prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected at Sponsor’s discretion. The Sponsor is not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential Winners.
7. Representations and Warranties. Each Entrant represents and warrants that he or she has read, understands and will follow the Official Rules.
8. Publicity. Each Entrant, by participating in the Sweepstakes, except where legally prohibited, grants permission for Sponsor and its designees to use his/her name, address (city and state), photograph, voice and/or other likeness and prize information for advertising, trade and promotional purposes without further compensation, in all media now known or hereafter discovered, worldwide in perpetuity, without notice or review or approval.
9. Release. By participating in the Sweepstakes, Entrants agree to release, discharge and hold harmless Sponsor and its parent, subsidiaries, affiliates, agents, distributors, licensors, licensees, representatives, attorneys, and advertising and promotion agencies, and each of their respective directors, officers, employees, agents, successors and assigns (the “Released Parties”): from and against and any and all claims, liability, costs, losses, damages or injuries of any kind arising out of or related to Entrants’ participation in the Sweepstakes and/or related to any prize (including, without limitation, losses, damages or injuries to Entrant’s (up to and including death) or any other person’s equipment or other property, or to their persons, related to participation in the Sweepstakes; or arising out of any violation of rights of publicity or privacy, or claims of defamation or portrayal in a false light; or based on any claim of infringement of intellectual property; or from any typographical, human or other error in the printing, offering, selection, operation or announcement of any Sweepstakes activity and/or prize). Without limiting the generality of the foregoing Entrants agree that Released Parties: have neither made nor will be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Sweepstakes and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; and will not be responsible or liable for any injury, damage, loss, expense, accident, delay, inconvenience or other irregularity that may be caused or contributed to: (1) by the wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of the Released Parties and (2) by any cause, condition or event whatsoever beyond the control of the Released Parties. Each Entrant further agrees to indemnify and hold harmless Released Parties from and against any and all liability resulting or arising from the Sweepstakes and to release all rights to bring any claim, action or proceeding against Released Parties. Sponsor is not responsible for the actions of Entrants in connection with the Sweepstakes, including Entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims.
10. General Conditions. Released Parties are not responsible for lost, late, incomplete, inaccurate, stolen, misdirected, undelivered, delayed, garbled or damaged entries; or for lost, interrupted or unavailable network, server, Internet Service Provider (ISP), website, or other connections, availability or accessibility or miscommunications or failed computer, satellite, telephone or cable transmissions, lines, or technical failure or jumbled, scrambled, delayed, or misdirected transmissions or computer hardware or software malfunctions, failures or difficulties, or other errors or difficulties of any kind whether human, mechanical, electronic, computer, network, typographical, printing or otherwise relating to or in connection with the Sweepstakes, including, without limitation, errors or difficulties which may occur in connection with the administration of the Sweepstakes, the processing of entries, the announcement of the prizes or in any Sweepstakes-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Sweepstakes Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Sweepstakes. Released Parties are not responsible for injury or damage to participants’ or to any other person’s computer related to or resulting from participating in this Sweepstakes or downloading materials from or use of the Sweepstakes Website. Persons who tamper with or abuse any aspect of the Sweepstakes or Sweepstakes Website or who are in violation of these Official Rules, as solely determined by Sponsor, will be disqualified and all associated entries will be void. Should any portion of the Sweepstakes be, in Sponsor’s sole opinion, compromised by virus, worms, bugs, non-authorized human intervention or other causes which, in the sole opinion of the Sponsor, corrupt or impair the administration, security, fairness or proper play, or submission of entries, or should the Sweepstakes be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Sweepstakes and, if terminated, at its discretion, select the potential Winner from all eligible, non-suspect entries received prior to the action taken or as otherwise deemed fair and appropriate by Sponsor. CAUTION: ANY ATTEMPT TO DAMAGE THE SWEEPSTAKES WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR WILL DISQUALIFY ANY SUCH INDIVIDUAL AND RESERVES THE RIGHT TO SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) AND OTHER REMEDIES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
11. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Sweepstakes by any event beyond its control, including, but not limited to, fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared), interference with the Sweepstakes by any party, or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within Sponsor’s control (each a “Force Majeure” event or occurrence) Sponsor shall have the right to modify, suspend or terminate the Sweepstakes. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Sweepstakes should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Sweepstakes; or (2) to disqualify any Entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Sweepstakes or (b) acting in violation of these Official Rules.
12. Governing Law / Limitation of Liability. THESE OFFICIAL RULES SHALL BE GOVERNED IN ALL RESPECTS BY THE INTERNAL LAWS OF THE STATE OF TEXAS AS APPLIED TO AGREEMENTS ENTERED INTO AMONG TEXAS RESIDENTS TO BE PERFORMED ENTIRELY WITHIN TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS RULES. NOTWITHSTANDING THE FOREGOING, ANY DISPUTE ARISING OUT OF OR RELATED TO THE OFFICIAL RULES SHALL BE LITIGATED EXCLUSIVELY IN THE COURTS OF DALLAS COUNTY, TEXAS.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE SWEEPSTAKES, ENTRANT AGREES THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL CLAIMS, JUDGMENTS AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY) NOT TO EXCEED TEN DOLLARS ($10.00), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, OTHER THAN ACTUAL OUT OF POCKET EXPENSES NOT TO EXCEED TEN DOLLARS ($10.00), AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) ENTRANTS’ REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Disputes / Arbitration / No Class Relief. Except with respect to the protection and enforcement of the intellectual property rights of the Released Parties and their rights to seek and/or obtain injunctive or equitable relief, any claim, cause of action or proceeding arising out of or relating to these Official Rules or the Sweepstakes shall be resolved by mandatory, binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes. The arbitration shall be conducted in Dallas County, Texas and the Federal Arbitration Act, and not any state law concerning arbitration, shall apply. The arbitration award shall be final and exclusive, and the prevailing party in the arbitration may file an action in court to confirm and to enforce the arbitration award. Any such action, or any claim, cause of action or proceeding not subject to arbitration as set forth in this section, shall be filed and adjudicated in a state or federal court in Dallas County, Texas, and all parties agree to submit to the personal jurisdiction of those courts. Entrants irrevocably waive any rights to seek and/or obtain injunctive or other equitable relief and any defense of forum non conveniens. Should either party pursue any other judicial or administrative action with respect to any matter included within the scope of this binding arbitration provision, the responding party will be entitled to recover its costs, expenses and attorneys’ fees incurred as a result of such action. Further, any and all disputes, claims and causes of action arising out of or connected with the Sweepstakes, or any prize awarded, will be resolved individually, without resort to any form of class action.
14. List of Sweepstakes Winners / Official Rules Requests. To receive the name of the Winner or copy of the Official Rules, send a self-addressed stamped envelope to AXS TV LLC, Attn: Legal Dept., 320 S. Walton Street, Dallas, TX 75226 within sixty (60) days of expiration of the Sweepstakes Period. The Winner’s name will also be available on the Sweepstakes Website for approximately thirty (30) days following the Sweepstakes Period. Vermont residents may omit return postage with Official Rules requests.
15. Identification of Sponsor. This Sweepstakes is sponsored by AXS TV LLC, Attn: Legal Dept., 320 S. Walton Street, Dallas, TX 75226.
18. Severability. In the event that any provision of these Official Rules or the Prize Acceptance Documents becomes or is declared by a court of competent jurisdiction to be illegal, unenforceable or void, this Agreement shall continue in full force and effect without said provision; provided that no such severability shall be effective if it materially changes the economic benefit of this Agreement to any party.
19. Waiver. Entrants agree to waive any rights to claim ambiguity of these Official Rules. Sponsor’s failure to seek redress for the violation of or to insist on strict performance of any provision of these Official Rules shall not prevent or dilute its right to insist later on such performance of the same or a similar provision or to have redress for the same or a similar violation, regardless of its prior knowledge or lack of knowledge.
20. Headings. Section titles contained in these Official Rules are inserted only as a matter of convenience and for reference and in no way define, limit, extend or describe the scope of this agreement or the intent of any provision.
END OFFICIAL RULES
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