Twitter Watch & Win Sweepstakes Rules
The following promotion is intended for viewing in the 50 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 50 United States or D.C., 18 years (or legal age of majority under applicable law, whichever is older) in or older, and accessing this site in the United States.
TOY HUNTER TWITTER WATCH & WIN SWEEPSTAKES
OFFICIAL RULES – NO PURCHASE NECESSARY TO ENTER OR WIN.
A PURCHASE DOES NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND D.C., 18 YEARS OF AGE (OR LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW, WHICHEVER IS OLDER) OR OLDER AT TIME OF ENTRY. VOID WHERE PROHIBITED.
1. How to Enter: Beginning at 9:00 p.m. Eastern Time (“ET”) on April 10, 2013 until 8:00 a.m. on April 18, 2013 (the “Promotion Period”), you may enter the Toy Hunter Twitter Watch & Win Sweepstakes (the “Promotion”) by doing the following: (a) watch Travel Channel’s Toy Hunter April 10 or April 17 (the “Shows”); (b) sign into your Twitter account (“Twitter Account”) or, if you are not already a member, become a member of Twitter.com and sign into your Twitter Account; (c) “follow” @travelchannel and watch for a question to be posted about each Show (each, a “Question”); (d) tweet the answer to the Question as a targeted reply to @travelchannel using Twitter's “@Reply” function to enter the Promotion and (e) include exactly the following unique term (“Term”) in your tweet message: “#THsweeps” (collectively, “Entry”). A Question does not need to be answered correctly to gain an Entry.
If your Twitter Account is set to “protected mode”, your updates/responses will not be visible in Sponsor's @Reply inbox; and, therefore, will not be received by Sponsor, resulting in your failure to enter any Promotion. Normal Internet access and usage charges imposed by your online service will apply. If you opt to receive Sponsor's tweets via your wireless mobile device (which may only be available via participating wireless carriers), standard text messaging rates, airtime and carrier charges will apply for each text message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. You understand that by participation in this Promotion via mobile phone or text message, if you are a potential First Prize Winner, the Sponsor may contact you via mobile phone or text message, which will be subject to the charges pursuant to your carrier's rate plan. It is your sole responsibility to notify the Sponsor in writing if you change your Twitter Account.
Limit of one (1) Entry per eligible person 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 email address. Any attempt by any participant to obtain more than one (1) Entry by using multiple/different email 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 email address used to enter will be deemed to be the entrant. The "authorized account holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. Potential First Prize Winners may be required to show proof of being the authorized account holders.
2. Eligibility: This Promotion is open only to legal residents of the 50 United States and D.C. who are 18 years of age (or legal age of majority under applicable law, whichever is older) or older at time of Entry, except 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.
4. Limitations of Liability: Travel Channel LLC (“Sponsor”) 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 or Twitter; 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 human or other errors; and any entries which are late, lost, incomplete, misdirected, stolen, or any combination thereof. Online submission is not considered proof of delivery or receipt. All entries become the property of Sponsor and will not be returned. By entering, all participants and/or entrants also agree 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 each entrant’s participation and/or Entry in the Promotion and/or their 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. Any and all warranties and guarantees are subject to the respective manufacturer’s terms. Except where prohibited by law, a First Prize Winner’s Entry and acceptance of the prize constitutes permission for the Promotion Entities to use said winner'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. If by reason of a printing or other error, more prizes are claimed than the number set forth in these rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded. 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.
5. How Winner will be Determined: The two (2) potential first prize winners (each a “First Prize Winner” and together the “First Prize Winners”) will be selected in a random drawing from among all eligible entries on approximately April 22, 2013, by an independent judging organization, and will be contacted by phone on or about April 23, 2013. Judge’s decisions with respect to First Prize Winners and other matters pertaining to the Promotion shall be final. A prospective First Prize Winner may 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 issuance of prize notification. If Sponsor is unable to contact the prospective First Prize Winner within three (3) days from first notification attempt, if the prospective First Prize Winner fails to complete and return all requested forms by the specified date, or if the prospective First Prize Winner fails to comply with any of the requirements, his/her prize will be forfeited and an alternate prospective First Prize Winner shall be selected. The odds of winning depend upon the number of eligible entries received for the applicable drawing.
6. 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 judge’s 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 conduct a random drawing 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 web site 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 First Prize 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 ATTORNEY’S FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
7. Prize: Each First Prize Winner will receive the following (the “First Prize”): a Toy Hunter prize pack, which includes: (i) one (1) Hollywood Heroes Keep Calm and Collect Toys T-shirt; (ii) one (1) Star Wars Empire Strikes Back Boba Fett from Gentle Giant 2010 twelve-inch action figure; (iii) one (1) Star Wars R2-D2 Pizza Cutter; (iv) one (1) Superman blue plastic cup with straw; (v) one (1) The Beatles Yellow Submarine 18 oz. ceramic mug; (vi) one (1) Masters of the Universe He-Man super deformed seven-inch plush; and (vii) one (1) Wonder Woman reusable eco-friendly tote. Total Approximate Retail Value (“ARV”) of the First Prize: $175. ARV of all First Prizes: $350.
The specifics of all aforementioned elements of the prizes in the Promotion shall be solely determined by Sponsor. All costs, taxes, fees, and expenses associated with any element of any prize not specifically addressed above are the sole responsibility of the respective First Prize Winner. All federal, state and local taxes on prizes are the respective First Prize Winner’s responsibility. Each First Prize Winner will be issued a 1099 tax form for the actual value of the respective prize.
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.
8. 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.
9. Winner List: Beginning on or about April 29, 2013 you may obtain the name of the First Prize Winners by going to the Website. The Promotion is in no way sponsored, endorsed, administered by, or associated with Twitter. Participant is providing information to Sponsor and not to Twitter.
10. Sponsor: Travel Channel LLC, 5425 Wisconsin Avenue, Suite 500, Chevy Chase, MD 20815.