VH1 Presents: "The 2011 Divas Sweepstakes" OFFICIAL RULES
1.
SWEEPSTAKES:
NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN ALASKA, HAWAII AND WHERE PROHIBITED OR RESTRICTED BY LAW. “VH1 Presents: The 2011 Divas Sweepstakes (the “Sweepstakes”) is sponsored by Viacom Media Networks, a division of Viacom International Inc. on behalf of its VH1 programming channel (“VMN” or “Sponsor”). The odds of winning depend on the total number of eligible entries received during the Sweepstakes Period. Sponsor’s computer is the official time-keeping device for the Sweepstakes. The Sweepstakes is subject to the eligibility guidelines below.
2.
ENTRY PERIOD:
The Sweepstakes commences at 12:00:00 PM Eastern Daylight Time (“EDT”) on November 10, 2011 and ends at 11:59:59 PM (EDT) on November 23, 2011 (the “Sweepstakes Period”). All entries must be received by 11:59:59 PM (EDT) on November 23, 2011.
3.
Eligibility:
The Sweepstakes commences at 12:00:00 PM Eastern Daylight Time (“EDT”) on November 10, 2011 and ends at 11:59:59 PM (EDT) on November 23, 2011 (the “Sweepstakes Period”). All entries must be received by 11:59:59 PM (EDT) on November 23, 2011.
4.
To Enter:
During the Sweepstakes Period, go to http://www.twitter.com/VH1 and from your Twitter account follow the @VH1 account and tweet:
(i) the name of an artist that you think has real soul; (ii) the #VH1DIVAS hashtag and (iii) the url to
the Official Rules:
http://on.vh1.com/tqNTNg (collectively, the “Tweet”). For example,
“Mary J. Blige #VH1DIVAS Official Rules:
http://on.vh1.com/tqNTNg. All three (3) elements of the Tweet must be present to be considered an Eligible Entry (as hereinafter defined). A Tweet that does not contain the name of an artist, the hashtag and/or url to the Official Rules will be disqualified. Note: You will need to create a Twitter account if you don’t already have one. Membership on Twitter is free, and registration for Twitter can be obtained by logging on to http://twitter.com (“Twitter Web Site”) and following the onscreen instructions to open an account.) BY TWEETING TO THE VH1-SPECIFIED HASHTAG AND OFFICIAL RULES URL YOU AGREE TO THE TERMS OF THESE OFFICIAL RULES. Please note that if you do not respond to the Grand Prize Winner notification described in Section 5, you will be disqualified and another Grand Prize Winner may be selected. One (1) entry per person/Twitter account per day allowed. Retweets of the same Tweet by the same Twitter account holder, automated tweets or tweets sent via a bot will be disqualified. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries” or each an “
Eligible Entry”. Each Eligible Entry will count as one (1) entry into the Sweepstakes. In the event of a dispute over who submitted
a winning online entry, the authorized subscriber of the Twitter account used to participate in the Sweepstakes at the actual
time of entry will be deemed to be the entrant. The authorized account subscriber is defined as the natural person who is assigned
a Twitter account by Twitter. An entrant may be required to provide Sponsor with proof that he/she is the authorized account
holder of the Twitter account associatd with her/her entry. All entries become the property of Sponsor and will not be
acknowledged or returned.
All entries must comply with the Twitter Terms of Service and Twitter Rules available at the Twitter Web Site. Creating multiple Twitter Accounts in order to exceed the limits on Entries permitted by these Official Rules may result in the disqualification of all Entries from such accounts. Important note: If your Twitter account is set to “protected mode,” your updates/responses may not be visible in Sponsor’s @VH1 inbox and may not thus be received by Sponsor unless you previously consented to permit Sponsor to see the your Twitter updates. If you opt to use Twitter via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance (as applicable). Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a Grand Prize Winner,
which may be subject to charges pursuant to your
5.
GRAND PRIZE WINNER SELECTION/NOTIFICATION:
All entries must comply with the Twitter Terms of Service and Twitter Rules available at the Twitter Web Site. Creating multiple Twitter Accounts in order to exceed the limits on Entries permitted by these Official Rules may result in the disqualification of all Entries from such accounts. Important note: If your Twitter account is set to “protected mode,” your updates/responses may not be visible in Sponsor’s @VH1 inbox and may not thus be received by Sponsor unless you previously consented to permit Sponsor to see the your Twitter updates. If you opt to use Twitter via your wireless mobile device (which may only be available via participating wireless carriers and is not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance (as applicable). Wireless carriers' rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Participation in this Sweepstakes by mobile device means that you understand that you may receive additional messages by mobile device relating to this Sweepstakes, including notifying you if you are a Grand Prize Winner, which may be subject to charges pursuant to your
carrier's rate plan. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions.
6.
GRAND PRIZE WINNER VERIFICATION:
One (1) grand prize winner (the “Grand Prize Winner”) will be randomly selected on or around November 30, 2011 by Sponsor from the Eligible Entries received during the Sweepstakes Period. Sponsor will make up to one (1) attempt following Grand Prize Winner selection to contact the potential Grand Prize Winner via direct message to such Grand Prize Winner’s Twitter account. If potential Grand Prize Winner does not respond within twenty-four (24) hours of being contacted, the potential Grand Prize Winner will be disqualified and an alternate Grand Prize Winner will be selected from among the remaining applicable Eligible Entries received. This process will be repeated until a potential Grand Prize Winner responds. Sponsor expressly reserves the right to delay the announcement of the Grand Prize Winner for creative or technical reasons or for any other reason beyond Sponsor’s reasonable control.
7.
GRAND PRIZE:
One Grand Prize Winner will receive the following grand prize (the "Grand Prize"):
- Round-trip coach-class air transportation to New York, NY for the Grand Prize Winner and his/her one (1) eligible guest from a major airport of Sponsor’s choice near the Grand Prize Winner’s residence to a major airport near New York, NY of Sponsor’s choice. Sponsor reserves the right to substitute air transportation for ground transportation if Grand Prize Winner resides within a 150-mile radius of New York, NY and no additional compensation will be provided.
- Hotel accommodations for three (3) days/ two (2) nights at a hotel and room type selected by Sponsor in its sole discretion in New York, NY (Room and tax only, one (1) double occupancy room).
- Admission for Grand Prize Winner and his/her one (1) eligible guest to attend the “2011 VH1 Divas Show” in New York, NY on December 18, 2011 (the “Show”). Subject to talent availability. Show date and venue subject to change.
The total Approximate Retail Value ("ARV") of the Grand Prize is $3,500.00
* All Prizing is subject to availability and change at Sponsor's sole discretion. Sponsor reserves the right,
without any prior notice and at any time, to replace any or all prizes with a prize or prizes of equal or greater value. Additional restrictions may apply.
Admission for Grand Prize Winner and his/her one (1) eligible guest to attend the “2011 VH1 Divas Show” in New York, NY on December 18, 2011 (the “Show”). Subject to talent availability. Show date and venue subject to change.
8.
GENERAL PRIZE TERMS:
Arrangements for fulfillment of the Grand Prize will be made by Sponsor. Travel must be roundtrip and taken on dates specified by Sponsor or the Grand Prize will be forfeited in its entirety and Sponsor will have no further obligation to the Grand Prize Winner. Airport, airline, and itinerary determined by Sponsor in its sole discretion. Certain restrictions, conditions and limitations may apply. Grand Prize Winner and his/her guest must travel together on the same itinerary, including the same departure date, destination and return date. Travel subject to availability and blackout dates. Any portion of a prize that is not used is forfeited. The Releasees are not responsible if travel is delayed, postponed or cancelled in which case entrants may be subject to issuer’s standard policies and procedures. No refund or compensation will be made in the event of the cancellation or delay of any flight. Any expenses, costs and/or fees associated with the acceptance and/or use of the Grand Prize which are not expressly set forth in these Official Rules as paid for by Sponsor as part of the applicable Grand Prize are Grand Prize Winner and his/her one (1) guest’s sole responsibility including, without limitation, all federal, state and local taxes (if any), any and all meals, gratuities, personal purchases/souvenirs and/or costs or expenses including expenses relating to ground transportation to and from Show venue (as applicable). All travel arrangements/accommodations will be made by Sponsor in its sole discretion.
The value of the Grand Prize may be taxable to Grand Prize Winner as income. Grand Prize Winner is solely responsible for reporting and paying any and all federal, state and local taxes and additional fees associated with the Grand Prize. A 1099 form may be issued to the Grand Prize Winner who may be required to provide their social security number for reporting purposes.
All entrants are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. By
accepting the Grand Prize the Grand Prize Winner waives the right to assert as a cost of winning, any and all costs of redemption
or travel to redeem and any and all liability that might arise from redeeming or seeking said Grand Prize.
Sponsor shall have no responsibility or obligation to any Grand Prize Winner or potential Grand Prize Winner who is unable or unavailable to accept or utilize a Grand Prize as described herein. No substitution, transfer or cash equivalent of Grand Prize or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded.
9.
GENERAL TERMS:
Noncompliance with any of these Official Rules may result in disqualification. ANY VIOLATION OF THESE OFFICIAL RULES BY GRAND PRIZE WINNER OR ANY BEHAVIOR BY GRAND PRIZE WINNER THAT WILL BRING SUCH GRAND PRIZE WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH GRAND PRIZE WINNER’S DISQUALIFICATION AS A GRAND PRIZE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS A GRAND PRIZE WINNER WILL BE IMMEDIATELY TERMINATED. The Sweepstakes Entities assume no responsibility for incorrect or inaccurate entry information whether caused by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human or technological error which may occur in the processing of the entries in this Sweepstakes. The Sweepstakes Entities are not responsible for any problems or technical malfunctions of any telephone network or lines, computer online systems, servers, or providers, computer equipment, software, inability to access the Website failure of any e-mail on account of technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including, without limitation, any injury or damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials in this Sweepstakes. The Sweepstakes Entities are not responsible for lost, late, scrambled, jumbled, destroyed, delayed, misdirected, mutilated, undeliverable, or stolen entries; for entries not received due to failed, delayed or interrupted connections or miscommunications, communications line failure or other delays, or errors of any kind in the transmission or receipt of entries; unauthorized access to, or alteration of, entries; or any typographical, printing, mechanical or other error in the printing of the Official Rules, administration of the Sweepstakes, or in the announcement of the Grand Prize and/or Grand Prize Winner. If the Sweepstakes is not capable of running as planned, including, without limitation, by reason of infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, force majeure, or any other causes beyond the control of the Sponsor which corrupt or impair the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes (or any portion thereof). In such event, notice will be posted on the Website and a Grand Prize Winner will be selected from among all Eligible Entries received, if any, up until and/or after (if applicable) the date on which the event that compromised the Sweepstakes occurred and/or the action taken by
Sponsor. Any individual who attempts to interfere with the proper administration of this Sweepstakes will be disqualified from participation in the Sweepstakes. Sponsor is not responsible for technical difficulties, telephone or cell phone service disruptions or other equipment or service issues which might affect the ability of Sponsor to notify Grand Prize Winner.
No software-generated, robotic, programmed, script, macro or other automated online or text message entries are permitted and will result in disqualification of all such entries. Sponsor reserves the right in its sole discretion to disqualify any individual it finds to have tampered with the entry process or the operation of this Sweepstakes; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or to have provided inaccurate information on any legal documents submitted in connection with this Sweepstakes.
CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECTION.
Entrants agree not to defame or disparage Sponsor, its parent and affiliate companies.
Except where prohibited, each entrant agrees that: (a) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by state or federal courts situated in the Borough of Manhattan, City and State of New York; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred and in no event shall include attorneys’ fees associated with participation in the Sweepstakes; (c) no punitive, incidental, special, consequential or other damages, including without limitation lost profits may be awarded (collectively, “Special Damages”); and (d) entrant hereby waives all rights to claim Special Damages and all rights to have such damages multiplied or increased. New York law governs these Official Rules, the Sweepstakes and all aspects related thereto or arising there from. Each entrant waives any and all objections to jurisdiction and venue in these courts.
Each entrant, on behalf of himself/herself and his or her executors, heirs, personal representatives and assigns, agrees: (a) to release and hold harmless the Sweepstakes Entities from any and all liability whatsoever resulting from or arising out of the Sweepstakes, including without limitation causes of action, injury, damage, liabilities, suits, cross-claims, counterclaims or any other claims arising out of or relating to (in whole or in part, directly or indirectly) participation in the Sweepstakes (including without limitation personal injuries and death and damage to, loss or destruction of property), WHETHER OR NOT ARISING FROM THE NEGLIGENCE OF A RELEASED PARTY, including, but not limited to, third party claims that may be made against an entrant, and claims arising out of or relating to acceptance, receipt, possession or use/misuse of any prize, or any publicity or other public exposure of an entrant, including without limitation, claims concerning infringement or based upon publicity rights, defamation, or invasion of privacy, whether suffered by entrant or a third party, while preparing for, participating in or traveling to and/or from any prize-related activity; (b) to assume all risks, express or implied, associated with all claims released above, including without limitation, all risks concerning entry into the Sweepstakes; (c) that said Sweepstakes Entities 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 any Grand Prize, including but not limited to, its quality or fitness or merchantability, and acknowledges that all prizes are provided to entrants on an “as is” basis; and (d) to the use of the entrant’s name and likeness/image for editorial, advertising and promotional purposes in any and all media (now known or hereafter discovered) without notice, review or approval, compensation or other consideration unless prohibited by law.
In the event there is a discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials (e.g., marketing, advertising or other ancillary documents) and these Official Rules, the Official
Rules shal prevail, govern and control.
10.
REQUEST FOR NAME OF GRAND PRIZE WINNER AND/OR OFFICIAL RULES:
For the name of Grand Prize Winner and/or Official Rules, send a self-addressed stamped envelope by January 23, 2012 to: Viacom Media Networks, Attention: VH1 Integrated Marketing Department “VH1 Presents: The 2011 Divas Sweepstakes - 1515 Broadway, 21st Floor New York, NY 10036. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the name of “Grand Prize Winner”. Vermont residents may omit return postage if requesting a set of Official Rules.
12.
SPONSOR:
Sweepstakes sponsored by Viacom Media Networks, a division of Viacom International Inc. on behalf of its VH1 programming channel, 1515 Broadway, New York, NY 10036. Twitter is not a sponsor of the Sweepstakes, and is in no way responsible for the administration of the Sweepstakes, the verification of winner or the fulfillment of the prize. Inquiries (whether questions, comments or complaints) should be directed to VMN, not to Twitter.