Celebrity Pop Quiz Official Rules
CELEBRITY POP QUIZ SWEEPSTAKES
NO PURCHASE NECESSARY. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES OR D.C, AT LEAST 18 YEARS OLD OR AGE OF MAJORITY, WHICHEVER IS OLDER IN STATE OF RESIDENCE AT DATE OF ENTRY INTO SWEEPSTAKES. VOID WHERE PROHIBITED BY LAW.
1. Introduction. The Celebrity Pop Quiz Sweepstakes ("Sweepstakes") is sponsored by Pollcast Inc., 112 West 34th Street, 18th Floor, New York, NY 10120 ("Sponsor"). One winner will be selected from among all eligible daily entries received during the Sweepstakes Entry Period. The prize for which an entrant is eligible is whichever of the following prizes that is promoted on the date of entry: airfare for two to a location determined solely by the Sponsor, an HDTV or a $500 pre-paid Mastercard (“Prize”). For travel prizes, specific location will be revealed on each date of entry when calling to enter. Multiple vacation destinations and other prizes will be promoted during each Sweepstakes Entry Period. One winner will be awarded the Prize each Sweepstakes Entry Period for location or type of Prize marketed on date of entry. All applicable federal, state, and local laws apply.
ONLY ONE (1) TOTAL PRIZE PACKAGE WILL BE AWARDED.
2. Timing. The Sweepstakes begins on October 1st, 2013 at 8:00 a.m. Eastern Time ("ET") and ends on December, 31st, 2013 at 7:59 a.m. ET. The Sweepstakes consists of one (1) entry period ("Sweepstakes Entry Period"). The approximate drawing date will be held on or around January 5th, 2014.
Sponsor’s database tracking system is the official time-keeping device for this Promotion.
3. General Release of Liability. By entering, you agree to release and hold harmless the Sweepstakes Entities (as defined below) from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against the Sweepstakes Entities, and hereby acknowledge 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 a Prize. Sweepstakes Entities shall not be liable for any injury, damage, loss, expense, accident, delay, inconvenience or irregularity that may be caused or contributed to (1) by any wrongful, negligent or unauthorized act or omission on the part of the prize supplier or any of its agents, servants, employees or independent contractors, (2) by any wrongful, negligent or unauthorized act or omission on the part of any other person or entity not an employee of Sponsor, or (3) by any other cause, condition or event whatsoever beyond the control of Sponsor or their parents, subsidiaries and affiliated companies. The failure of Sponsor to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, action of governmental authorities outside of the control of Sponsor (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of these Official Rules.
4. Eligibility. The Sweepstakes is open to legal residents of the fifty (50) United States and the District of Columbia, eighteen (18) years of age (or age of majority, whichever is older in their state of residence) or older as of the date of entry. Void where prohibited. Employees of Pollcast, Inc. (“Sponsor”), participating marketers, stations, cable operators, multiple service providers, their advertising or promotion agencies, those involved in production, development, implementation or handling of the Sweepstakes, and any agents acting for the above providers, prize suppliers, or any other person or entity associated with Sweepstakes or “Celebrity Pop Quiz” program (collectively “Sweepstakes Entities”) and/or persons living in the same household as such persons, whether related or not are ineligible to enter Sweepstakes.
5. How to Enter. To enter, call the valid toll-free phone number marketed from a touch-tone telephone (e.g. 1-8xx-xxx-xxxx. All connected calls to the Celebrity Pop Quiz program phone number as verified by Sponsor will receive an entry to the Sweepstakes for the Sweepstakes Entry Period. You will receive an entry into the Sweepstakes as soon as your call to the toll-free phone number is connected. Limit one (1) entry per telephone number and per person per day. You may be asked to complete a daily survey and review third party offers. Listening to or accepting any third party offers does not increase your chances of winning. You can call from a landline or a mobile phone; please note that standard charges levied by mobile phone carriers may apply for users calling from a mobile phone. By participating in the Celebrity Pop Quiz Sweepstakes, you unconditionally accept and agree to comply with the Sponsor’s Terms and Conditions and decisions of Sponsor, which are final and binding in all respects. Should an entrant win, he/she MUST be available at the phone number used to enter the Sweepstakes to receive his/her win notification and instructions on how to claim his/her Prize; Sponsor is not responsible for changes in entrants' phone numbers.
Limit: Each entrant may receive up to (1) entry per phone number per person per day during the Sweepstakes Entry Period for connecting to the Celebrity Pop Quiz phone program. Multiple entrants are not permitted to share the same phone number. Any attempt by any entrant to obtain more than the number of permitted entries per day by using multiple/different phone numbers, identities, registrations or any other methods will void that entrant's entries and that entrant may be disqualified. Multiple entries received from one person or phone number after the first entry received from that person or phone number will be void. Use of any automated system to participate is prohibited and may result in disqualification. In the event of a dispute as to any entry, the authorized account holder of the phone number used to enter will be deemed to be the entrant or participant. The authorized account holder is the natural person assigned a phone number by a phone service provider. The potential winner may be required to show proof of being the authorized account holder.
6. Selection of Potential Winner. Sponsor will randomly select one (1) winning phone number from among all eligible entries received during the Sweepstakes Entry Period, on or about the date specified in Section 3 above. Entrant selected must comply with all terms and conditions of these Official Rules; winning is contingent upon fulfilling all requirements. Each potential winner will be notified by phone, through the phone number that he or she called from to enter, within ten (10) days following the end of the Sweepstakes Entry Period. Except where prohibited, potential winner must execute and return to Sponsor, within ten (10) days of being notified, an Affidavit of Eligibility, Liability and Publicity Release ("Affidavit") and IRS Form 1099 in order to claim his/her Prize. If a potential winner cannot be contacted within five (5) days of the first attempt to contact him/her, the Prize is returned as undeliverable, or if he/she fails to sign and return the Affidavit within the required time period, potential winner forfeits Prize. In that event, an alternate entrant will be selected in his/her place at random from among all eligible entries received for the Sweepstakes Entry Period. Only one (1) alternate drawing will be held, after which the Prize will remain un-awarded. Winners will receive the Prize 8-10 weeks after winner verification.
7. Prize. ONE (1) PRIZE. The Prize for a winner, depending on date of entry will be either: (i) airfare for two to a location determined solely by Sponsor, (ii) an HDTV or (iii) a $500 prepaid Mastercard. For travel-related prizes, specific location will be revealed each date of entry when calling to enter. Multiple vacation destinations will be promoted during each Sweepstakes Entry Period. One winner will be awarded the Prize marketed on date of entry for each Sweepstakes Entry Period. Prizes are non-transferable, and no substitution will be made except as provided herein at the Sponsor’s sole discretion. Sponsor reserves the right to substitute a Prize with another prize of greater or equal monetary value if the designated Prize should become unavailable for any reason. Winners are solely responsible for any and all applicable fees and taxes associated with Prize receipt and use. For travel-related prizes, winners will give three (3) dates of preference for their trip and Sponsor will select one at its own discretion. No cancellations or rebooking allowed. Winners have one (1) year from Prize notification to take the trip. The odds of being selected for each Sweepstakes Entry Period depend on the total number of callers during each Sweepstakes Entry Period.
8. Publicity. Except where prohibited, participation in the Sweepstakes constitutes winner's consent to Sponsor’s and the Sweepstakes Entities’ use of winner's name, likeness, voice, opinions, hometown, state and country for promotional purposes in any media without further payment or consideration.
9. General Conditions. Sponsor reserves the right, in its sole discretion, to cancel, modify or suspend the Sweepstakes should virus, bugs, unauthorized human intervention, technical failures, pre-emption/interruption/cancellation of the program “Celebrity Pop Quiz” or celebritypq.com or any factor beyond Sponsor's reasonable control corrupt the administration, security, fairness, integrity or proper operation of the Sweepstakes. In such event, Sponsor reserves the right to award the Prize at random from among the eligible entries received up to the time of impairment. Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds to be tampering with the entry process or the operation of the Sweepstakes or to be acting in violation of these Official Rules or any other promotion or in an unsportsmanlike or disruptive manner. Any attempt by any person to deliberately damage Sponsor's website or undermine the legitimate operation of this Sweepstakes may be a violation of criminal and civil laws, and, should such an attempt be made, Sponsor and other Sweepstakes Entities reserve the right to seek damages from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
10. Limitations of Liability. The Sweepstakes Entities are not responsible for: (1) incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including but not limited to the malfunctions, interruptions or disconnections in phone lines or network, hardware or software; (3) unauthorized human intervention in any part of the entry process or the Sweepstakes; (4) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage to persons or property, including but not limited to entrant's computer, which may be caused, directly or indirectly, in whole or in part, from entrant's participation in the Sweepstakes, receipt, possession or use or misuse of any Prize, or from downloading any material from Sponsor's or any other Sweepstakes Entity website(s), regardless of whether the material was prepared by Sponsor, any other Sweepstakes Entity or a third party, and regardless of whether the material is connected to Sponsor's website by a hypertext link. If, for any reason, an entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, entrant’s sole remedy is another entry in the Sweepstakes, provided that, if it is not possible to award another entry due to discontinuance of the Sweepstakes, or any part of it, for any reason, Sponsor, in its sole discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. No more than the stated number of Prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of Prizes as set forth in these Official Rules to be available and/or claimed, Sponsor reserves the right to award only the stated number of Prizes by a random drawing among all legitimate, un-awarded, eligible Prize claims.
12. Disputes. Entrant agrees that: (1) any and all disputes, claims, 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 the American Arbitration Association ("AAA") for final and binding arbitration under its Commercial Arbitration Rules to be held in New York, New York, before a single arbitrator who shall be a retired judge, in accordance with New York Civil Practice Law & Rules Section 7501 et seq. The arbitration shall be a confidential proceeding, closed to the general public. The arbitrator shall issue a written opinion stating the essential findings and conclusions upon which the arbitrator’s award is based. The parties will share equally in payment of the arbitrator’s fees and arbitration expenses and any other costs unique to the arbitration hearing (recognizing that each side bears its own deposition, witness, expert and attorneys’ fees and other expenses to the same extent as if the matter were being heard in court). Neither party shall be entitled or permitted to commence or maintain any action in a court of law with respect to any matter in dispute until such matter shall have been submitted to arbitration as herein provided and then only for the enforcement of the arbitrator’s award. Nothing in this paragraph shall affect either party’s ability to seek from a court injunctive or equitable relief at any time; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU.
13. Sweepstakes Errors. The Sweepstakes Entities and their parent, affiliated and subsidiary companies and advertising and promotion agencies, broadcast affiliates and interactive voice response vendors, assume no liability and are not responsible for, and participants hereby forever waive any rights to any claim in connection with, errors and/or ambiguity: (a) in the Sweepstakes; (b) in any related advertising or promotions of this Sweepstakes; and/or (c) in these Official Rules. In the event of any ambiguity(s) or error(s) in these Official Rules, Sponsor reserves the right to modify these Official Rules for clarification purposes or to correct any such error(s) without materially affecting the terms and conditions of the Sweepstakes.
14. Winner List: Winner List requests will only be accepted after the Sweepstakes Entry Period end date (listed above) and no later than January 5th, 2014. For the Winner List, send an email with subject line: "The Celebrity Pop Quiz Sweepstakes, Winner List Request," on the Support Page of www.celebritypq.com