The Ultimate R&B Diva Experience- Contest
- No Purchase Necessary TO ENTER OR WIN THIS CONTEST. A Purchase OF ANY KIND WILL NOT INCREASE YOUR Chances Of Winning.
- THIS IS A SKILL-BASED CONTEST.
- VOID WHERE PROHIBITED BY LAW.
- AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE FORM MAY BE REQUIRED.
- SPONSOR OBTAINS RIGHTS FROM ENTRANTS TO POST AND USE ANY AND ALL CONTENT SUBMITTED AS PART OF THE CONTEST.
- THIS CONTEST IS IN NO WAY SPONSORED, ENDORSED OR ADMINISTERED BY, OR ASSOCIATED WITH FACEBOOK OR ANY OTHER ENTITY. YOU UNDERSTAND THAT YOU ARE PROVIDING INFORMATION TO SPONSOR AND NOT TO FACEBOOK OR ANY OTHER ENTITY.
- 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 CONTEST, 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 Ultimate R&B Diva Experience contest (the “Contest”) is open only to legal residents of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years old 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 TV One, LLC (“Sponsor”), and its parents, affiliates, subsidiaries and advertising and promotion agencies are not eligible to enter or win the Contest. 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 Contest, including, without limitation, interpretation of the Official Rules. Void where prohibited by law.
2. Entry Periods. The Contest begins on or about 12:00 a.m. Eastern Time (“ET”) on April 29, 2013 and ends at 11:59 p.m. ET on June 16, 2013, unless otherwise extended in Sponsor’s sole and absolute discretion (the “Contest Period”). The Contest Period consists of seven (7) separate “Entry Periods”, which are specifically detailed in the chart below:
Winner Determination Date
|Entry Period 1||12:00 a.m. ET on April 29, 2013||11:59 p.m. ET on May 5, 2013||May 7, 2013|
|Entry Period 2||12:00 a.m. ET on May 6, 2013||11:59 p.m. ET on May 12, 2013||May 14, 2013|
|Entry Period 3||12:00 a.m. ET on May 13, 2013||11:59 p.m. ET on May 19, 2013||May 21, 2013|
|Entry Period 4||12:00 a.m. ET on May 20, 2013||11:59 p.m. ET on May 26, 2013||May 28, 2013|
|Entry Period 5||12:00 a.m. ET on May 27, 2013||11:59 p.m. ET on June 2, 2013||June 4, 2013|
|Entry Period 6||12:00 a.m. ET on June 3, 2013||11:59 p.m. ET on June 9, 2013||June 11, 2013|
|Entry Period 7||12:00 a.m. ET on June 10, 2013||11:59 p.m. ET on June 16, 2013||June 18, 2013|
All DATES SET FORTH IN THE CHART ABOVE AND ELSEWHERE IN THESE OFFICIAL RULES ARE SUBJECT TO EXTENSION IN SPONSOR’s SOLE AND ABSOLUTE DISCRETION. Entries received during one Entry Period will not roll over to subsequent Entry Periods and for purposes of voting and the selection of Winners (defined below), will only be competing against all other entries submitted during the same Entry Period.
3. How To Enter. To enter the Contest, during each Entry Period, you may visit any of the following Contest websites: tvone.tv/ultimaterbdivacontest; facebook.com/RandBDivasTVOne; MajicATL.com; HotSpotATL.com; 92Q.com; MagicBaltimore.com; OldSchool1053.com; WIZNation.com; ZHipHopCleveland.com; WZAKCleveland.com ; MyColumbusPower.com; TheBeatDFW.com; oldschool945.com; KissDetroit.com; HotHipHopDetroit.com; TheBoxHouston.com; MyHoustonMajic.com; TLCNapTown.com; Hot1079Philly.com; RNBPhilly.com; FoxyNC.com; HipHopNC.com; iPowerRichmond.com; KissRichmond.com; oldschool955.com; hot1041stl.com; kysdc.com; mymajicdc.com; therussparrmorningshow.com; rickeysmileymorningshow.com; BlackPlanet.com; TheUrbanDaily.com; HelloBeautiful.com; Elev8.com; Giant.com and NewsOne.com (the “Contest Websites”) or otherwise follow the call to action provided in any advertising for the Contest. The Contest Websites will contain a description of the Contest and the official entry form. Each entrant will be asked to submit an official entry form, which may include, among other things, his/her full name, address (no P.O. Boxes), e-mail address, gender, date of birth and related registration information as prompted. Additionally, entrants must submit a photograph that captures the essence of the theme listed on the Contest Website for the respective contest Entry Period. For the purpose of this Contest, a “Submission” is a photograph file that follows the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules, including, without limitation, the Content Guidelines (defined below).
All entries must be received by the end of the applicable Entry Period to be eligible for judging for that Entry Period. Limit of one (1) entry per person/per day during each Entry Period; provided, however, individuals selected as Winners during Entry Periods 1 through Entry Period 6 may not enter the Contest again until Entry Period 7. A Submission may in Sponsor’s sole and absolute discretion be rejected if it fails to follow the technical, creative, and legal requirements disclosed on the Contest Website and elsewhere in these Official Rules. For purposes of this Contest, an online entry is “received” when the Contest Websites’ servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Contest. 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 Contest 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. Submission Content Guidelines. Submissions that do not meet the following “Content Guidelines” are subject to disqualification and/or removal from the Contest Website, each at Sponsor’s sole and absolute discretion:
- Photographs must be submitted in JPG format and must be no larger than 200 MB in file size.
- Except for materials in the public domain, Submissions must include only materials created by the entrant and must not infringe on the intellectual property rights of any other person or entity. Sponsor does not permit the infringement of others’ rights and any use of materials not original to the entrant is grounds for disqualification from the Contest. Do not include materials, images, graphics, music or trademarks belonging to any third parties or incorporate the names, voices, likeness or personas of any party other than yourself unless you have obtained all rights necessary to permit you to use same in connection with your Submission and grant the rights herein granted to Sponsor. Entries that contain brand names, trademarks or company logos are subject to disqualification.
- Submissions must not include material that: (a) is sexually explicit, indecent, obscene, violent, hateful, tortuous, defamatory, slanderous or libelous, (b) is derogatory or promotes bigotry, racism, hatred or harm against any group or individual or promotes discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, (c) invades the privacy or publicity rights of any person, living or deceased, (d) is unlawful, (e) is harmful to other users of the Contest Website such as viruses, trojan horses or other technologies that could adversely impact the Contest; and/or (f) is disparaging to Sponsor or is inconsistent with the positive images and/or goodwill to which Sponsor wishes to associate (at Sponsor’s sole and absolute discretion).
- Each Submission should not reveal any personal information about another individual, including another person’s address, phone number, e-mail address, credit card number or any information that may be used to track, contact or impersonate that individual.
- Entrants may only submit photographs of themselves into the Contest. No other individuals may appear in their Submission photograph (e.g., family members, friends).
- No background artwork should appear in the Submissions unless it is an original work of the entrant. Any artwork, murals, etc. that can be seen in Submissions must be created solely by the entrant or entrant must be the sole owner of all copyright interests therein.
- Entrants must not submit a Submission that if selected cannot be assigned to Sponsor as contemplated below.
5. Intellectual Property. Entrants, upon submission of their entry to the Contest, hereby irrevocably grant to Sponsor, and each of its licensees, successors and assigns, during the Contest Period an exclusive, and thereafter the non-exclusive, perpetual, royalty-free, no-cost license and right to use and otherwise exploit the Submissions submitted as part of the Contest, and all images, text and materials depicted therein, in whole or in part, in any manner or medium now or hereafter known or devised (including, without limitation, CDs, streaming media, film, television, videocassettes, print, interactive devices, mobile media, Internet and on-line systems), throughout the universe and in any and all languages, including, without limitation, the right to display, reproduce, record, perform, exhibit, distribute, copy, edit, change, modify, add to, subtract from, re-title and adapt the same, to combine it with other material and otherwise use and exploit it without having to give any compensation or attribution to entrants except for the awarding of the prizes in this Contest. Sponsor, and each of its successors, assigns and licensees, will have the right to make unlimited derivative works therefrom, to assign or transfer any or all such rights and to grant unlimited, multiple-level sublicenses. Without limiting the forgoing, Sponsor will have the right to use the Submissions submitted as part of the Contest, and all images depicted therein (if any), in any merchandising, advertising, marketing, promotion or for any other commercial or non-commercial purpose. Entrants hereby forever waive and relinquish all so-called “moral rights (droit moral)” now or hereafter recognized in connection with Submissions submitted as part of the Contest. Entrants acknowledge that as a condition of participating in the Contest and/or being selected as a Winner, Sponsor may request that the entrant’s Submission, and any rights therein, be assigned to Sponsor and entrants may be required to confirm such assignment by completing and submitting the Prize Acceptance Documents (and any other documents reasonably required by Sponsor) or such entrant will otherwise be disqualified from receiving their prize. Entrants must maintain the ability to assign all such rights to Sponsor free of any limitations, restrictions or third party obligations. Entrants agree that Sponsor shall have the sole discretion in determining the extent and manner of use of Submissions and are not obligated to use any Submission. Entrants agree not to issue any publicity concerning Sponsor. Sponsor reserves the right to request entrants provide to Sponsor a written clearance document that provides written consent for an individual that appears in or is mentioned in a Contest Submission. Entrants agree that Sponsor, nor its agents, shall be responsible for return or preservation of the Submissions submitted. All Submissions that are posted on the Contest Website are available to be viewed by anyone with access to the Internet. Each entrant acknowledges that other entrants may have created ideas and concepts contained in their Submission that may have familiarities or similarities to his/her own Submission, and that he/she will not be entitled to any compensation or right to negotiate with the Released Parties (defined below) because of these familiarities or similarities. Nothing herein shall create an implied or express contract to compensate entrants for any Submissions and there is no obligation for Sponsor to pay or otherwise compensate entrants for any of entrant’s ideas or materials in any communications with Sponsor, whatsoever. The decisions of the Sponsor are final and binding in all matters relating to this Contest, including interpretation and application of these Official Rules. Each entrant, by participating in the Contest, 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. Sponsor reserves the right to request from entrant at any time proof that entrant maintains all necessary rights in their Submission in order to grant Sponsor the rights required herein in a form acceptable to Sponsor. Failure to provide such proof may lead to, among other things, the entrant being disqualified from the Contest.
6. Representations, Warranties and Indemnity. Each entrant represents and warrants that he or she has read, understands and will follow the Official Rules. Entrants further represent and warrant that their Submission and all materials and matter therein: (1) (except for elements that are within the public domain) are wholly original with such entrant and are not a copy or imitation of any other material; (2) will not infringe or violate any right whatsoever, including, without limitation, any personal rights (e.g., defamation, privacy, false light, moral right, etc.) or any property rights (e.g., copyright, trademark, right to ideas, etc.) of any person or entity and the use thereof will result in no third party liability or obligations; and (3) is not the subject of any threatened or pending litigation, claim or dispute that might give rise to litigation, which adversely affects or in any way prejudices, impairs or diminishes the rights granted hereunder or the value thereof. Each entrant further represents and warrants that he or she has the right to agree to and fully perform consistent with these Official Rules and the consent of no third parties are required to grant the rights hereunder. Entrant further acknowledges and agrees that he/she has not previously granted, assigned or otherwise hypothecated his/her Submission to any other third party. Further, each entrant represents and warrants that Sponsor’s use of any Submission shall not violate an agreement to which such entrant has signed. Entrants agree to indemnify and hold the Released Parties harmless from and against any third party claim, to the extent relating to any breach of any representation, warranty or covenant made by such entrant in connection with his or her acceptance of these Official Rules or Contest activities.
7. Determining the Winners. The winner will be determined by public voting. The entrant with the highest number of votes after each Entry Period will be determined the winner for that Entry Period (“Winner(s)”).
During each Contest Period, online users from the public (“Users”) will vote for their favorite Submission amongst all eligible entries uploaded to the Contest. The Users will be able to vote for the Winner on the Contest Websites, from among all eligible Submissions during each Entry Period, unless otherwise extended in Sponsor’s sole and absolute discretion, by visiting any of the Contest Websites and following the posted instructions to submit a vote. All votes must be submitted between the posted dates and times or they will not be counted. Users may vote up to one (1) time per day. Use of any computer auto-voting software or any other software or device intended to tamper with the proper functioning of the voting system and use of any other means to subvert the voting process is strictly prohibited and all such votes will be void.
If there is a tie at the end of any Entry Period, Sponsor will bring in a tie breaking judge to determine the Winner. The tie breaking judge will review and judge the tied entries based on the following judging criteria (collectively, the “Judging Criteria”):
50% based on the originality of entrant’s photograph Submission; and
50% based on the creativity of entrant’s photograph Submission.
The selection of the Winner shall be final and binding and is not subject to any challenge or appeal.
8. Winner Notification. The potential Winners will be notified by mail and/or e-mail (as selected by Sponsor) on or about the Winner Determination Dates set forth in the Section 2 above, unless extended by Sponsor. 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. All potential Winners will be required to execute and return an affidavit of eligibility, a liability release, a publicity release and services and performances agreements (collectively, “Prize Acceptance Documents”) within three (3) days of 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 prizes will be forfeited and, at Sponsor’s discretion, an alternate winner selected. Parents or legal guardians of a winner under 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) may be required to also sign the Prize Acceptance Document in order for the winner to be qualified to receive their prize.
As a condition to being awarded the Trip Prize, as detailed in Section 9, Winner and Winner’s guest must agree to be videotaped by Sponsor during portions of their “Ultimate R&B Diva Experience” trip and will be required to execute an appearance release that allows Sponsor to use such recordings in all media, worldwide in perpetuity. Non-compliance shall result in disqualification and awarding of the prize to an alternate winner. If any potential Winner is found to be ineligible, or if he or she has not complied with these Official Rules, or declines any prize for any reason prior to award, such potential Winner may be disqualified and an alternate potential winner may be selected. 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.
9. Prizes. One (1) prize will be awarded in each Entry Period as detailed below, for a total of seven (7) prizes. Reference to third parties in connection with prizes are for reference and identification purposes only and not intended to suggest endorsement, sponsorship or affiliation with Sponsor or the Contest.
|Entry Period||Prize Description|
|Entry Period #1||One (1) Five Hundred Dollar ($500) American Express gift card. Approximate Retail Value (“ARV”): $500|
|Entry Period #2||One (1) Louis Vuitton wallet (“ARV”): $745|
|Entry Period #3||One (1) Hermes scarf (“ARV”): $410|
|Entry Period #4||One (1) Chanel makeup set (“ARV”): $510|
|Entry Period #5||One (1) Marc Jacobs handbag (“ARV”): $1195|
|Entry Period #6||One (1) pair of Christian Louboutin shoes (“ARV”): $1295|
|Entry Period #7||Winner will be awarded a trip for Winner and one (1) guest for an “Ultimate R&B Diva Experience” in Atlanta, Georgia (“Trip Prize”) to include:
Actual retail value of Trip Prize may vary depending on point of departure, travel dates and fare/rate fluctuations. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Certain restrictions and black out dates may apply. If, in Sponsor’s sole discretion, air travel is not required due to a Winner’s proximity to Atlanta, Georgia, ground transportation may be substituted for roundtrip air transportation and the difference in value will not be awarded to the Winner. The travel dates for the Trip Prize are at the sole discretion of the Sponsor, although every attempt will be made for it to be during dates convenient to the Trip Prize Winner. Upon confirmation of the Trip Prize trip dates, if the Trip Prize Winner cancels the trip the Trip Prize is forfeited in its entirety with no further compensation to the Trip Prize Winner or the Winner’s travel companion. Trip must take place by August 15, 2013 or prize will be forfeited.
The Trip Prize Winner and his or her travel companion must travel together on the same itinerary and possess all required travel documents, including visas and valid passports, if and as applicable. It is the responsibility of the Trip Prize Winner and their companion to provide proper documentation (including government issued picture identification). All aspects of the travel portions of the Trip Prize must be conducted on such dates as determined by Sponsor, in its sole and absolute discretion. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. Airline tickets are non-refundable/non-transferable and are not valid for upgrades and/or frequent flyer miles. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The Trip Prize Winner will not receive cash or any other form of compensation if actual travel costs are less than the estimate made in these Official Rules. The round trip air transportation element for the Trip Prize begins and ends at the point of departure. The Trip Prize is subject to seat and hotel availability, as well as Sponsor’s terms and conditions generally applicable thereto.
Sponsor shall not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any Trip Prize-related services or accommodations. Sponsor is not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the Trip Prize Winner at the time of Trip Prize notification. Trip Prize Winner and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. The Trip Prize Winner may be required to provide a credit card at the time of hotel check-in. Companion of Trip Prize Winner must be 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) as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor’s sole and absolute discretion. Travel is subject to the terms and conditions set forth in this Contest, and those set forth by Sponsor’s transportation carrier(s) of choice. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged. All expenses not specifically mentioned herein, are not included as part of any Trip Prize package, and are solely the Trip Prize Winner’s responsibility, including, but not limited to: additional ground transportation at the Trip Prize Winner’s destination, travel insurance, room service, bag check fees, parking fees, laundry service, food, alcoholic beverages, merchandise, souvenirs, telephone calls, tips, gratuities and service charges. Transportation carrier and hotel regulations and conditions apply. Travel and lodging are subject to availability, and any changes made to either of these will be at the expense of the Trip Prize Winner.
Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Gift cards are subject to terms and conditions specified by issuer. 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 a Winner with their prize, the Sponsor may elect, to provide Winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. In the event a Winner (and/or his or her companion(s) (if applicable)) engage in behavior that (as determined by Sponsor or any prize provider in its or their sole and absolute discretion) is obnoxious, inappropriate, or threatening, illegal or that is intended to annoy, abuse, threaten or harass any other person, Sponsor reserves the right to terminate the trip or other applicable experience early. All prizes are 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 Winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used.
The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a Winner may be reported for tax purposes as required by law. The Winner(s) may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of Winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prize(s) received. Unclaimed prize(s) will be forfeited. The total ARV of all of the prizes awarded in this Contest is Fourteen Thousand Six Hundred Fifty Five Dollars ($14,655).
10. General Conditions. Released Parties (as defined below) 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 Contest, including, without limitation, errors or difficulties which may occur in connection with the administration of the Contest, the processing of entries, the announcement of the prizes or in any Contest-related materials. Released Parties are also not responsible for any incorrect or inaccurate information, whether caused by Contest Website users, tampering, hacking, or by any equipment or programming associated with or utilized in the Contest. 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 Contest or downloading materials from or use of the Contest Websites. Persons who tamper with or abuse any aspect of the Contest or the Contest Websites 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 Contest 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 Contest be unable to run as planned for any other reason, Sponsor reserves the right, in its sole discretion to suspend, modify or terminate the Contest 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 ANY OF THE CONTEST WEBSITES OR UNDERMINE THE LEGITIMATE OPERATION OF THE CONTEST 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. Release. By participating in the Contest, entrants agree to release, discharge and hold harmless Sponsor and its parents, 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 (“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 Contest 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 Contest; 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 Contest activity and/or prize). Without limiting the generality of the foregoing entrants agree that Released Parties: (A) 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 Contest and/or with respect to prizes, including, without limitation, to any prize’s quality or fitness for a particular purpose; (B) maintain no control over the personnel, equipment or operation of any air, water or surface carrier, ship line, bus or limousine company, transportation company, hotel, manufacturer or other person or entity furnishing services, products or accommodations (“Suppliers”) as a part of the prizes provided in connection with the Contest; and (C) 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 the Suppliers or any of their agents, servants, employees or independent contractors, (2) by any defect in or failure of any vehicle, equipment, instrumentality, service or product that is owned, operated, furnished or otherwise used by any of those Suppliers, (3) 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 (4) 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 Contest 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 Contest, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. 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. If entrant is an eligible minor, his/her parent or legal guardian must agree to these Official Rules, including, without limitation, this Section.
12. Suspension / Modification / Termination. In the event Sponsor is prevented from continuing with the Contest 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 Contest 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 Contest. Sponsor additionally reserves the right, in its sole and absolute discretion: (1) to modify, suspend or terminate the Contest should causes beyond Sponsor’s control corrupt or interfere with the administration, integrity, operation, security or proper play of the Contest; or (2) to disqualify any entrant found to be, or suspected of: (a) tampering with the entry process or the operation of the Contest; (b) acting in violation of these Official Rules; or (c) acting in an un-sportsmanlike manner.
13. Governing Law / Limitation of Liability. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules or the rights and obligations of entrants, Sponsor, or the Released Parties in connection with the Contest will be governed by and construed in accordance with the internal laws of the State of Maryland, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state’s laws.
BY ENTERING OR OTHERWISE PARTICIPATING IN THE CONTEST, 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.
14. 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 the these Official Rules or the Contest 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 Montgomery County, Maryland, 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 Montgomery County, Maryland, 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 Contest, or any prize awarded, will be resolved individually, without resort to any form of class action.
15. List of Contest Winners / Official Rules Requests. To receive a list of winners, send a stamped self-addressed envelope to: The Ultimate R&B Diva Experience-Contest Winners List, TV One, LLC, 1010 Wayne Avenue, Suite 1000, Silver Spring, MD 20910 within sixty (60) days of expiration of the Contest Period. For a copy of these Official Rules, send a legal-size, self-addressed, stamped envelope to The Ultimate R&B Diva Experience Contest-Official Rules, TV One, LLC, 1010 Wayne Avenue, Suite 1000, Silver Spring, MD 20910 prior to the end of the Contest Period. Vermont residents may omit return postage with Official Rules requests.
16. Identification of Sponsor. This Contest is sponsored by TV One, LLC, 1010 Wayne Avenue, Suite 1000, Silver Spring, MD 20910.
//END OFFICIAL RULES//