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VERSUS Big Fish Madness 2009
Sweepstakes Official Rules
NO PURCHASE IS NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning.
This sweepstakes is open to legal residents of the 50 United States or D.C., 18 years of age or older as of February 24, 2009. Void in Puerto Rico and everywhere else outside the U.S. and where prohibited, or otherwise restricted by law. Subject to all federal, state and local laws. By entering the sweepstakes, entrants are bound by and agree to these official rules.
The VERSUS Big Fish Madness 2009 Sweepstakes (“Sweepstakes”) begins February 24, 2009 at 12 Noon Eastern Time (“ET”) and ends on March 14, 2009 at 12 Noon ET (“Sweepstakes Period”). Sponsor’s computer is the official timekeeping device for the Sweepstakes.
1. Sweepstakes Description: During the Sweepstakes Period, participants can log onto www.versus.com/bigfishmadness where they will be instructed to complete an entry form and fill out a bracket to select a fish species from each match-up. For each completed form, an entrant will receive one (1) entry into the prize drawing.
2. How To Enter: During the Sweepstakes Period, log on to www.versus.com/bigfishmadness where you will be asked to provide your name, age, address, city, state, Zip code, a valid email address, telephone or mobile telephone number (“MTN”). Fill out bracket with your choice of a fish species for each match-up. Once you have completed the requested information and hit the “submit” button, you will be automatically entered into the Sweepstakes. Limit of one entry per person. All eligible entries must be received no later than March 14, 2009 at 12 Noon ET.
All entries become the sole property of VERSUS, L.P, and Vibes Media, LLC (collectively, "Sweepstakes Entities"). Incomplete entries are void. Any individual who attempts or otherwise encourages, directly or indirectly, the entry of multiple or false contact information under multiple identities, or uses any device or artifice to enter or encourage, directly or indirectly, multiple or false entries, as determined by the Sweepstakes Entities, will be disqualified. Multiple entrants are not permitted to share the same email. Prize will be awarded to the name on the online entry form. In the event of a dispute as to the identity of an entrant, entry will be declared made by the authorized account holder submitted at the time of entry. "Authorized account holder" is defined as the natural person who is assigned to a mobile telephone number/email address by a telephone company, wireless service provider, Internet access provider, Internet service provider or other organization (e.g. business, educational, institution, etc.) that is responsible for assigning email addresses, telephone numbers or wireless phone numbers for the telephone exchange associated with the submitted telephone number/email address or the domain associated with the submitted telephone, as applicable. The potential winner may be required to show proof of being the authorized account holder. Sweepstakes Entities and their respective parents, subsidiaries and affiliates are not responsible for late, lost, delayed, unclear, unintelligible, incomplete, misdirected, stolen, ineligible or damaged entries which will be disqualified or for technical, hardware, software or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled, corrupted or delayed electronic communications caused by the sender, or by any of the equipment or programming associated with or utilized in the Sweepstakes which may limit the ability to play or participate, or by any human error that may occur in the processing of the entries in the Sweepstakes.
If for any reason, (including infection by computer virus, bugs, worms, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond reasonable control of Sweepstakes Entities and their respective parents, subsidiaries and affiliates, that corrupts or affects the administration, security, fairness, integrity, or proper conduct of the Sweepstakes), and the Sweepstakes is not capable of being conducted as described in these Official Rules, Sweepstakes Entities shall have the right, at their sole discretion, to cancel, terminate, modify or suspend this Sweepstakes, and select the prize winners from entries received prior to action taken, or as otherwise deemed fair and appropriate by Sweepstakes Entities. Sweepstakes Entities reserve the right to prosecute any fraudulent entries to the fullest extent of the law.
3. Random Drawing/Notification: Grand Prize drawing will be conducted under the supervision of Vibes Media, LLC whose decisions shall be final and binding, as the administrator of this Sweepstakes. Administrator will randomly select the potential Sweepstakes winner from all eligible entries received during the Sweepstakes Period, on or around March 17, 2009. The potential winner will be notified by mail, email or phone. The potential winner (parent/legal guardian if winner is a minor in his/her state of residence) will be required to sign, notarize and return to Administrator, within four (4) days of notification date, an Affidavit of Eligibility, Liability & Publicity/Travel Release and W-9 Tax Form in order to claim his/her prize. If the potential winner cannot be contacted, or fails to sign and return the required paperwork within the required time period, he/she forfeits prize. Upon prize forfeiture, no compensation will be given. Potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements. In the event that the potential winner is disqualified for any reason, Administrator will award the applicable prize to an alternate winner by random drawing from among all remaining eligible entries.
4. Prize: Grand Prize: One (1) Grand Prize: 5 Day/4 night trip for two persons that includes round-trip coach air transportation for winner and guest from major U.S. gateway airport closest to winner’s residence to Syracuse, NY and accommodations at a fully furnished log cabin located in Camden, NY for 5 day use during fishing season* (*date range June 1, 2009-August 31, 2009).
Approximate Retail Value (“ARV”) of Grand Prize is $4,000. (actual value of trip may vary based on travel dates and winner's point of departure). Any difference between approximate value and actual value of the trip will not be awarded in cash. Winner and guest are solely responsible for all applicable federal, state and local taxes and any other expenses and costs not expressly listed above, including, but not limited to, ground transfers, gratuities, upgrades, meals, fuel, rental car, incidentals, and entertainment. Grand Prize may not be combined with any other offer. Airline tickets are non-refundable/non-transferable and are not valid for upgrades or frequent flyer mileage accrual. Winner and guest (or parent/legal guardian if guest is a minor under the law of his/her jurisdiction of residence) will be required to execute a Release of Liability prior to departure. Winner and guest must possess valid travel documents (i.e., valid photo ID) in order to travel. The winner must accept prize “as is” and round trip travel must be taken on dates and flight itinerary specified by Sponsor or prize will be forfeited in its entirety.
Exceptions cannot be made regarding extending the validity date of the prize and use. Winner and his/her travel companion must travel together on the same itinerary. If Winner is a minor under the law of his/her jurisdiction of residence, his/her parent/legal guardian must accompany him on the trip. Grand prize winner and his/her respective guest are responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that the Sponsor has not and will not obtain or provide travel insurance or any other form of insurance.
Odds of winning depend on the number of eligible entries received.
Grand Prize winner may be required to complete, sign and return an Affidavit of Eligibility/Liability and Publicity Release (where permitted by law) as well as any other documents which may be required by Sponsor or prize provider, all of which must be received fully-executed within four (4) days of date printed on notification or he/she may be disqualified and prize may be forfeited and awarded to an alternate. Prize won by a minor will be awarded in the name of the minor's parent/legal guardian. Minor's parent/legal guardian will be responsible for executing the required documentation. Winner is solely responsible for all applicable federal, state and local taxes and any other expenses and costs not expressly listed above. Prize is non-transferable and non-assignable. Sweepstakes Entities, in their discretion, may substitute a prize (or prize component) of equal or greater value for any reason. At the Sweepstakes Entities’ sole discretion, Sweepstakes winner and guest may be disqualified at any time for any reason permitted by these rules.
5. Eligibility: Sweepstakes is open to legal residents of the 50 United States or D.C., 18 years of age or older as of February 24, 2009. Individuals employed by VERSUS, L.P., Vibes Media, LLC or any of their respective parent and affiliated companies, subsidiaries, advertising and promotional agencies and any and all other companies associated with the Sweepstakes and their immediate families (parent, siblings, children and spouse) and persons residing in the same household (whether related or not) of such employees are not eligible to enter or win. Void in Puerto Rico, the U.S. Virgin Islands, U.S. Military installations in foreign countries, anywhere outside of the U.S. and where prohibited, taxed or restricted by law.
6. General: By entering, all entrants agree to be bound by these Official Rules and by the decisions of the Sweepstakes Entities, which shall be final and binding. Sweepstakes Entities may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sweepstakes Entities, such person shows a disregard for these Official Rules, or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sweepstakes Entities, or their agents or representative; or (2) in any other disruptive manner.
By accepting prize, the winner grants to Sweepstakes Entities the right to use winner's name, likeness, image, voice, hometown, and biographical information in advertising, trade and promotion, including on the Internet or via wireless application protocol, without further notice, compensation or permission, except where prohibited by law. If the winner is a minor under the law of his/her jurisdiction of residence, his or her respective parent or guardian will be required to execute an Affidavit acknowledging, confirming and consenting to the Liability Release and Publicity Consent.
Any personal information supplied by any entrant to Sweepstakes Entities will be subject to VERSUS, L. P.’s privacy policy posted at http://www.versus.com/article/view/731/?tf=footerArticles.tpl. Entrants who do not comply with these Official Rules or attempt to interfere with this Sweepstakes in any way shall be disqualified. The use of automated entry devices or any other conduct that impedes the integrity of the Sweepstakes is prohibited. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participant and Sponsor in connection with the Sweepstakes, shall be governed by and construed in accordance with the laws of Pennsylvania without giving effect to any choice of law or conflict of law rules or provisions which would cause the application of the laws of any jurisdiction other than the State of Pennsylvania. Sponsor’s decisions as to all matters related to the administration of the Sweepstakes and selection of the prizewinner are final.
7. Indemnification: By entering, all entrants agree to be bound by these Official Rules and the Sweepstakes Entities' decisions. By entering entrant agrees to release, defend, hold harmless and indemnify VERSUS, L.P., and Vibes Media, LLC and their respective parents, subsidiaries, affiliates, contractors, directors, officers, governors, employees and agents against any and all liability, damages or causes of action (however named or described), with respect to or arising out of either (i) any damage to entrant's computer relating to or resulting from entering or downloading materials or software in connection with entering this Sweepstakes; or (ii) any injuries, losses, or damages of any kind caused by the acceptance, possession, use or misuse of a prize awarded in the Sweepstakes, including but not limited to any claims for damage to property, personal injury, death or claims based on defamation, rights of privacy, rights of publicity or merchandise delivery. False or deceptive entries or acts will render the entrant ineligible. WARNING: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THIS SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SWEEPSTAKES ENTITIES RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON(S) RESPONSIBLE FOR SUCH ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW. Sweepstakes Entities are not responsible for any printing or typographical errors in these Official Rules or any other materials associated with the Sweepstakes. Entrants enter at their own risk and Sweepstakes Entities' are not responsible for and shall not be liable for any condition caused by events beyond their control that may cause the Sweepstakes to be disrupted or corrupted.
8. Arbitration and Choice of Law: Except where prohibited by law, as a condition of participating in this Sweepstakes, entrant and Sponsor agree that (1) any and all disputes and causes of action arising out of or connected with this sweepstakes, or any prizes awarded, shall be resolved individually, without resort to any form of class action, and exclusively by final and binding arbitration under the rules of the American Arbitration Association and held at the AAA regional office nearest the contestant; (2) the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings at such arbitration; and (3) judgment upon such arbitration award may be entered in any court having jurisdiction. Under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages, or any other damages, including attorneys' fees, other than entrant's actual out-of-pocket expenses (i.e., costs associated with entering this Sweepstakes), and entrant further waives all rights to have damages multiplied or increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of entrants and Sponsor in connection with this Sweepstakes, shall be governed by, and construed in accordance with, the substantive laws of the State of Pennsylvania without regard to Pennsylvania’s choice of law rules.
9. Winner’s Name and Official Rules: Official rules are available online at: www.versus.com/bigfishmadness. The winner’s name will be available online after March 27, 2009.
10. Sponsor: VERSUS, One Comcast Center, Philadelphia, PA 19103.
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