Epic RV Giveaway Rules

Filed Under: California
The following promotion is intended for viewing in the contiguous 48 United States and D.C. only and will be construed and evaluated according to United States laws. Do not proceed in this site if you are not a legal resident of the contiguous 48 United States and D.C., 21 years or older, and accessing this site in the United States.

ROCK MY RV WITH BRET MICHAELS: EPIC RV GIVEAWAY CONTEST OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN. OPEN TO LEGAL RESIDENTS OF THE CONTIGUOUS 48 UNITED STATES AND D.C., 21 YEARS OF AGE OR OLDER AT TIME OF ENTRY. VOID IN ALASKA, HAWAII, PUERTO RICO AND WHERE PROHIBITED.

How to Enter:
Beginning at 12:00 noon Eastern Time (“ET”) on June 3, 2013 until 12:00 noon ET on July 15, 2013 (the “Promotion Period”), you may enter the “Rock My RV with Bret Michaels: Epic RV Giveaway” contest (the “Promotion”) by visiting the Travel Channel website (www.travelchannel.com/tv-shows/rock-my-rv-with-bret-michaels/epic-rv-giveaway) (the “Website”), creating a user account and completing the online entry form and submitting a Submission (as defined below). All entries must be received by 12:00 noon ET on July 15, 2013 to be eligible. Each entry must also include entrant’s (“Entrant”) full name, age, address, phone number (including area code), and e-mail address. The Travel Channel, L.L.C. (“Sponsor”) will not verify receipt of entries.

Submission Requirements: Submissions for the Promotion must consist of an original video (no more than 2 minutes in length) that showcases why Entrant wants a totally rocked out RV built by Bret Michaels and his expert team and what Entrant would do with a rocked out RV (collectively, the “Submissions” and each, a “Submission”). Sponsor is looking for engaging personalities who can show they want to hit the open road. The video Submission must be one of the following file types: .MOV, .WMV, .AVI, .MPG, .3GP, 3G2, .QTL, OR .MP4. Additionally, the video Submission must not exceed one hundred (100) megabytes in file size. All Submissions become the property of Sponsor and will not be returned. If Entrant is selected as a prospective Finalist, Entrant will be required to execute and return releases and additional documentation supplied by Sponsor in accordance with Sponsor’s instructions or such prospective finalist will be disqualified. Incomplete and/or late Submissions will also be disqualified. Completed Submissions that are created and received within the above-mentioned guidelines shall collectively be referred to herein as the “Eligible Entries.” Submissions that are not the original work of the Entrant and/or illegible or incomplete application forms will not be accepted. Sponsor reserves the right to reject any Submissions that it deems, in its sole discretion, to violate any of the policies of Sponsor’s customary standards and practices.

Limit of one (1) entry per Entrant during the Promotion Period. If multiple entries are received, only the first entry will be accepted and additional entries will be disqualified. Multiple participants are not permitted to share the same e-mail address. Any attempt by any participant to obtain more than one (1) entry by using multiple/different e-mail addresses, identities, registrations or logins, or any other methods, may void that participant’s entries and that participant may be disqualified from the Promotion. Any use of robotic, repetitive, automatic, programmed or similar entry methods or agents (including, but not limited to, Promotion entry services) will void all entries by that entrant. In the event of a dispute as to any online entry, the authorized account holder of the e-mail address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an e-mail address by an Internet access provider, online service provider or other organization responsible for assigning e-mail addresses for the domain associated with the submitted address. Potential winners may be required to show proof of being the authorized account holders. Prior to selection of the winners, Entrants and/or their Submissions may be featured on the Website or on Sponsor’s television programming; however, in no way shall such promotion influence the selection of the winners.

The Submission must not include: (a) content that violates any third-party rights, including, but not limited to, copyrights or trademark rights; (b) defamatory language; (c) threatening language; (d) language that is sexually explicit, obscene, or indecent; (e) language that promotes alcohol, tobacco, or drug use; or (f) any other language that Sponsor determines is not reasonably related to the Promotion.

Representations and Warranties:
By submitting a Submission, Entrant represents and warrants that: (a) the Submission is an original work created solely by Entrant; (b) Entrant owns all rights to the Submission; (c) the Submission complies with all requirements of these Official Rules; and (d) Entrant understands that other entrants may submit Submissions that are identical to yours and that you shall not have any claim against any other Entrant or Sponsor arising out any such similarity or be entitled to any compensation because of any such similarity.

Eligibility: This Promotion is open only to legal residents of the contiguous 48 United States and D.C. who are 21 years of age or older at time of entry. Void in Alaska, Hawaii, Puerto Rico, and where prohibited. Employees and members of their households and immediate families (spouses, parents, siblings, children and each of their respective spouses) of the Promotion Entities (as defined below) and their respective parent companies, subsidiaries, and affiliates, and their advertising and promotion agencies and all local sponsors are not eligible. Entrants must have a valid driver’s license and proof of auto insurance at time of entry. By entering into the Promotion, all entrants consent to the use of their name, photograph, likeness, biography, voice and/or video for advertising and promotional purposes, including online announcements, worldwide and without limitation and without additional compensation, except where prohibited by law.

Background Check: Sponsor and its agents and representatives reserves the right to conduct background checks of any and all records of the Finalists and travel companions (as further described in Paragraph 12 below), including without limitation civil and criminal court records and police reports, to confirm eligibility. To the extent necessary under law, the potential Finalists and travel companions shall authorize such background checks to confirm such eligibility. Sponsor may also take all steps necessary to corroborate any information provided to Sponsor by the potential Finalists and travel companions. To that end, the potential Finalists and travel companions may be obligated to provide necessary contacts and other information so that the Sponsor may conduct such investigations. Sponsor reserves the right (at its sole discretion) to disqualify any potential Finalist and/or travel companion from any prize element based on his or her background check and/or based on his or her refusal to cooperate with such background check pursuant to this Paragraph 5.

Privacy: When you enter at the Website, you may be asked to consent to receive promotional e-mails and reminders for upcoming promotions and information about Sponsor. Consenting to receive such e-mails is optional and does not have to be agreed to in order to be eligible to enter the Promotion and does not improve your chances of winning. In the event you do consent to receive these e-mails, the use of such e-mails shall be subject to the privacy policy of Sponsor (the “Privacy Policy”), which is available at http://www.scrippsnetworksinteractive.com/privacy-policy/. Any information you submit as part of the Promotion will be treated in accordance with Privacy Policy.

Limitations of Liability: Sponsor, CWI, Inc., Brentwood Communications International Inc., Bret Michaels and other participating sponsors (collectively with Sponsor, the “Promotion Entities”), their respective affiliates, subsidiaries, parent, advertising and promotion agencies, and their respective officers, directors, shareholders, employees and agents, and any and all Internet servers and access provider(s) are not responsible for: any incorrect or inaccurate entry information; human error; technical malfunctions; failures, omission, interruption, deletion, or defect of any telephone network, computer online systems, computer equipment, server providers, or software, including any injury or damage to participant’s or any other person’s computer relating to or resulting from participation in this Promotion; inability to access the Website; theft, tampering, destruction, or unauthorized access to, or alteration of entries; transactions that are processed late or incorrectly or are incomplete or lost due to computer or electronic malfunction or traffic congestion on the Internet or at any web site; printing or other errors; and any entries that are late, lost, incomplete, misdirected, stolen, mutilated, illegible or postage due, or any combination thereof. Proof of mailing, in-person submission, or online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, Entrant also agrees to release, discharge, indemnify and hold harmless the Promotion Entities and their respective parent companies, subsidiaries, their respective representatives and agents, advertising and promotion agencies, promotion partners and prize suppliers, and all of their respective affiliated companies, employees, officers, directors and shareholders, from and against all claims and damages or liability arising in connection with Entrant’s participation and/or entry in the Promotion and/or Entrant’s receipt or use of any prize awarded in this Promotion or due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from acceptance, possession, misuse or use of any prize or participation in any promotion-related activity or participation in this Promotion. To the extent provided with the Grand Prize, any and all warranties and guarantees are subject to the terms provided therein. Except where prohibited by law, a winner’s entry and acceptance of a prize constitutes permission for the Promotion Entities to use said winner’s and said winner’s travel companion’s names, photographs, likenesses, statements, biographical information, voices, and city and state addresses on a worldwide basis, and in all forms of media, in perpetuity, without further compensation. No more than the advertised number of prizes will be awarded. Entrant further understands and agrees 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.

How Winner will be Determined: After the Promotion Period, a panel of judges selected by Sponsor will evaluate all Submissions and select three (3) finalists (the “Finalists”) based on the following Judging Criteria: (a) 40% - creativity of the Submission; (b) 30% - how well the Submission illustrates the Entrant’s passion for travel; and (c) 30% - personality of Entrant. The odds of being selected depend on the number of Submissions received and the quality of each Submission.

Finalists will be notified by e-mail, telephone, and/or overnight mail delivery on a date on or around July 16, 2013. Each Finalist will receive the Finalist Trip and be transported to Los Angeles, California to appear on Travel Channel’s Rock My RV (the “Show Taping”). The Grand Prize Winner and the Runner-Up Prize Winners will be revealed during the Show Taping. The Finalist with the highest-scoring Submission will be the Grand Prize Winner, and the two (2) remaining Finalists will be Runners-Up Prize Winners (each, a “Runner-Up Prize Winner”). In the event of a tie, ties will be broken based on the “creativity” score. If a tie still remains, the tie will be broken based on the “passion for travel” score. Sponsor’s decisions with respect to the winners and other matters pertaining to the Promotion shall be final.

Ownership of Submissions: By submitting a Submission, Entrant acknowledges and agrees that: (a) Sponsor is the sole and exclusive owner, in perpetuity and throughout the world, of all right, title, and interest in and to your Submission, including, without limitation, all copyright, trademark, and other proprietary rights in and to the Submission (and all renewals and extensions thereof now or hereafter provided by law) and all the rights therein and thereto; (b) ownership of the Submission shall inure to the benefit of Sponsor from the date of conception, of creation, or of fixation in a tangible medium of expression (whichever occurs first), of such Submission; (c) Entrant’s Submission is a “work made for hire” (as that term is used in the United States Copyright Act of 1976, as amended); (d) to the extent that Entrant’s Submission is not a work made for hire, Entrant hereby assigns to Sponsor all right, title, and interest in and to the Submission and all copies thereof that Entrant may have or obtain without any further consideration, free from any claim, lien, balance due, or rights of retention thereto, on your part; (e) Entrant waives all claims to any and all moral rights in the Submission including, without limitation, Entrant’s right of attribution and integrity; and (f) Sponsor may exploit the Submission (and all rights therein) in any manner throughout the world without restriction of any kind, or payment to, or consent from, anyone. Sponsor reserves the right to modify or edit the winning Submission for content including all copyrights and trademarks, and Promotion Entities or their assigned agent(s) will have the right to reproduce, publish, adapt, modify and/or revise the Submission, in its sole discretion, in any manner or form throughout the world, in perpetuity. Sponsor will own all rights to the winning Submission.

Conditions of Entry:
This Promotion is governed by U.S. law and is subject to all federal, state and local laws and regulations. Void where prohibited by law. Entry materials that have been tampered with or altered are void. If, in the judges’ opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Promotion, or if computer virus, bugs, unauthorized intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Promotion, the judges reserve the right at their sole discretion to disqualify any individual who tampers with the entry process and void any entries submitted fraudulently, to modify or suspend the Promotion, or to terminate the Promotion and proceed with the judging process, as outlined in the “How Winner will be Determined” section to award the prizes using all eligible, non-suspect entries received as of the termination date. Should the Promotion be terminated prior to the stated expiration date, notice will be posted on the Website. Any attempt by an entrant or any other individual to deliberately damage any website or undermine the legitimate operation of the Promotion is a violation of criminal and civil laws and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. In the event of a dispute as to the identity of the winner based on an e-mail address, the winning entry will be declared made by the authorized account holder of the e-mail address submitted at time of entry. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.

Prizes: Finalist: Each of the three (3) Finalists will receive a trip to Los Angeles, California for the Finalist and one (1) travel companion (the “Finalist Trip”) from August 4, 2013 to August 7, 2013. Each Finalist Trip includes (i) round-trip coach-class air transportation for Finalist and travel companion between the major U.S. commercial airport in the contiguous 48 United States and D.C. nearest Finalist’s residence and Los Angeles, California (airports determined by Sponsor in its sole discretion); (ii) rental car while in Los Angeles, California; (iii) hotel accommodations for three (3) days and two (2) nights (one double occupancy room, room rate and tax only); and (iv) $450 cash. Approximate retail value (“ARV”) of each Finalist Trip: $2,690.

Grand Prize: In addition to the Finalist Trip, the one (1) Grand Prize Winner will receive (i) a fully “rocked out” and customized Class A Motorhome (the “RV”); (ii) a $500 gas card; (iii) the hotel accommodations provided as part of the Finalist Trip shall be extended for one (1) additional night; (iv) the rental car provided as part of the Finalist Trip shall be extended for one (1) additional day; and (v) $150 cash, in addition to the cash as part of the Finalist Trip (collectively, the “Grand Prize”). Total ARV of the Grand Prize: $37,760

Runners-Up Prizes: In addition to the Finalist Trip, each of the two (2) Runner-Up Prize Winners will receive $1,000 cash (in the form of a check) and one (1) National Park Service annual pass. ARV of each Runner-Up Prize: $1,080.

Total ARV of all prizes: $47,990. The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor.

Prize Conditions: All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective winner. All federal, state and local taxes on prizes are the prize winner’s responsibility. Each winner will be issued a 1099 tax form for the actual value of the respective prize. Each Finalist will be required to sign an affidavit of eligibility and release of liability and publicity (where permitted), and return same, properly executed, within five (5) days of notification of being selected as a Finalist. If Sponsor is unable to contact the Finalist within three (3) days from first notification attempt, if the Finalist fails to complete and return all requested forms by the specified date, or if the Finalist fails to comply with any of the requirements, his/her prize will be forfeited and an alternate Finalist shall be named by selecting the next-highest-scoring Submission.

Vehicle: At 12:00 noon Pacific Time on August 8, 2013, Grand Prize Winner must take possession of the RV at the location designated by Sponsor, and Grand Prize Winner shall assume all responsibility and risk of loss for, and will be solely responsible for shipping, delivering and/or taking possession of, the RV as of such time. Promotion Entities are only responsible for delivering possession of the RV to the potential Grand Prize Winner on August 5, 2013 in Los Angeles, California. Grand Prize Winner is solely responsible for any and all costs of redemption, shipping, delivery and/or insurance costs associated with taking possession of the RV in Los Angeles, California on August 8, 2013. Grand Prize Winner is required, and solely and exclusively responsible for, possessing a current, valid driver's license and sufficient automobile insurance before taking possession of RV. In the event that the potential Grand Prize Winner is unable (for any reason) or chooses not to take delivery of the RV in accordance with these Official Rules, Sponsor reserves the right to award the Grand Prize to the next-highest-scoring Finalist.

Finalist Trip: Travel must be round trip. Notwithstanding the foregoing sentence, Grand Prize Winner is permitted to omit return leg of air travel if Grand Prize Winner and travel companion opt to drive the RV. Grand Prize Winner will not receive cash in lieu of using the return leg of air travel. Sponsor will determine airline, flight itinerary and hotel and dinner location and accommodations in its sole discretion. If in the judgment of Sponsor air travel is not required due to Finalist’s proximity to destination, ground transportation will be substituted for roundtrip air travel at Sponsor's sole and absolute discretion. The difference in value will not be awarded to the Finalist. No refund or compensation will be made in the event of the cancellation or delay of any flight. Travel and accommodations are subject to availability. Travel is subject to the terms and conditions set forth in this Promotion, and those set forth by the Sponsor’s airline carrier of choice as detailed in the passenger ticket contract. Winner will not receive difference between actual and ARV. Prize is non-transferable and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize (or a component thereof) for one of equal or greater value if the designated prize should become unavailable for any reason. All travel must be taken from August 4, 2013 through August 7, 2013, and must be arranged with Sponsor, and is subject to availability and Sponsor’s approval. If a Finalist is unable to take the Finalist Trip during the required time period, the Finalist forfeits his/her right to the all prizes in their entirety and an alternate Finalist will be selected. All travel dates will be determined by the Sponsor, and once made may not be altered except by Sponsor. Some restrictions may apply. Meals not described above, incidentals, tips, telephone calls, or any other personal expenses incurred during the trip are the responsibility of the Finalist. All other expenses not specifically identified as included in the prizes are the sole responsibility of the Finalists. Finalists and travel companions 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. Finalist and travel companion must travel the same itinerary and on the dates and/or times specified by Sponsor or Finalist will forfeit his/her right to a travel companion on the Finalist Trip. Once the travel companion is selected, he/she may not be substituted, except at the Sponsor’s sole discretion. Travel companion of Finalist must be at least twenty-one (21) years of age or older, unless accompanied by his/her parent or legal guardian, and must sign a Liability and Publicity Release. Prizes cannot be transferred, substituted, or redeemed for cash except at Sponsor’s sole discretion. Sponsor reserves the right to substitute the prize, or portions thereof, with a prize of equal or greater value.

Disputes/Governing Law: All issues and questions concerning the construction, validity, interpretation and enforceability of these rules, or the rights and obligations of any entrant or the Promotion Entities in connection with the Promotion, shall be governed by and construed in accordance with the laws of the State of Tennessee without giving effect to any choice of law or conflict of law rules or provisions which would cause the application or the laws of any jurisdiction other than the State of Tennessee. Any action or litigation concerning this Agreement shall take place exclusively in the federal or state courts sitting in Knox County, Tennessee, and each entrant expressly consents to the jurisdiction of and venue in such courts and waives all defenses of lack of jurisdiction and inconvenient forum with respect to such courts. Any and all disputes, claims, and causes of action arising out of or in connection with this Promotion, shall be resolved individually, without resort to any form of class action. Each Entrant agrees to service of process by mail or other method acceptable under the laws of the State of Tennessee. ANY CLAIMS, JUDGMENTS AND/OR AWARDS SHALL BE LIMITED TO ACTUAL OUT-OF-POCKET COSTS ASSOCIATED WITH ENTERING THIS PROMOTION. ENTRANT (AND THEIR PARENTS OR LEGAL GUARDIANS IF ENTRANTS ARE MINORS) HEREBY WAIVE ANY RIGHTS OR CLAIMS TO ATTORNEY'S FEES, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ENTRANT, IDENTIFIABLE PERSONS, OR THIRD PARTY PARTICIPANTS, WHETHER FORESEEABLE OR NOT AND WHETHER BASED ON NEGLIGENCE OR OTHERWISE.

Winner’s List: Beginning on or about July 23, 2013, you may obtain the name of the winners by going to the Website.

Sponsor: The Travel Channel, L.L.C., 5425 Wisconsin Avenue, Suite 500, Chevy Chase, Maryland 20815.

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