Official Rules
Dancing With The Stars Sweepstakes
This promotion is sponsored by Gorilla Nation Media, LLC (“Sponsor”). Neither The American Broadcasting Companies, Inc. (“ABC”) nor Activision Publishing, Inc. is a sponsor of this Contest. Activision’s name and logo, the ABC name and logo and/or the “Dancing with the Stars” name and logo are used for purposes of promotion and/or prize description only and such use is not intended to suggest or imply participation, sponsorship, endorsement, or approval of this promotion by either ABC or Activision Publishing, Inc.
By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of Sponsor, which shall be final, binding and non-reviewable in all respects.
NO PURCHASE IS NECESSARY TO ENTER OR WIN. Sweepstake is open only to legal residents of the United States age 13 or older. The sweepstakes is void in Puerto Rico, Canada and where restricted or prohibited by law and is subject to all federal, state and local laws and regulations.
How to Enter:
The promotional period begins on December 7, 2007, at 9:00 AM Pacific Time (PT) and ends on December 23, 2007 at 11:59 PM PT (the "Promotional Period"). Entries must be received no later than 11:59 PM PT on the last day of the Promotional Period. There are two ways you may enter: over the Internet (the "Internet Method") or through the mail (the "Mail Method"). Entries are subject to the Internet Provisions section of the General Rules listed below:
A. Internet Method: To enter over the Internet, access the Sponsor site at www.dancinggamenightsweeps.com/. Your computer must accept cookies, which Sponsor or its partners may use to track the entry. You must complete the registration form on the Web site by filling in all requested information. You must follow instructions for entry on the Web site page that provides the registration form. Unless otherwise stated on our Web site, any other attempt at Internet or e-mail entry is void. You may not exceed a maximum of one (1) entry. Any duplicate entries (from the same user with a different or multiple email addresses) could result in disqualification from participating in the sweepstakes. Neither Sponsor or its partners assume any responsibility for any computer, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability or garbled transmissions, or for any service provider, Internet, Web site or use net accessibility or availability, traffic congestion or unauthorized human intervention.
B. Mail-in Method: To enter by mail, hand print in ink on a 3" x 5" card your full name, complete home address and zip code, home telephone number and area code, month and year of birth, gender and e-mail address (if any). Mail this completed card in a first-class stamped envelope to: Sponsor Contests/Sweepstakes, 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056. Mail-in entries must be postmarked during the Promotional Period and actually received by Sponsor by no later than three (3) days following the end of the Promotional Period. No metered mail will be accepted. No copies, facsimiles or mechanical reproductions will be accepted. Neither Sponsor or its partners assume any responsibility for lost, late, incomplete, stolen, misdirected, illegible or postage due entries or mail.
Prizing:
A Nintendo Wii console, a copy of Dancing with the Stars game, and a $50 gift certificate. Approximate retail value is $400.00. All prizes are non-assignable and nontransferable.
Winner(s) Selection and Notification:
The winner will be selected by random drawing at the end of the Promotional Period, from all eligible entries received. The winner will be notified by e-mail, telephone, overnight carrier or regular mail within approximately ten (10) business days after the drawing. Drawings will be conducted under the supervision of Sponsor. In the event of disqualification, an alternate winner will be selected by random drawing within thirty (30) business days after such disqualification. Any alternate winner will be notified in the same manner, and within the same time period, as described above. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason. If a winner is not of legal age of majority in his or her state of residence, at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents.
Eligibility - Who May Enter
To become eligible, you must provide current and accurate data for all information requested in connection with any contest or sweepstakes. NO PURCHASE IS NECESSARY TO ENTER. Contests and sweepstakes are open only to legal residents of the United States age 13 or older. The sweepstakes is void in Puerto Rico, Canada and where restricted or prohibited by law and is subject to all federal, state and local laws and regulations. Participants are limited to winning one random drawing prize per person. The Sweepstakes is not open to employees or to immediate family members and (spouses, domestic partners, parents, grandparents, siblings, children and grandchildren) of employees of Sponsor, ABC and/or Activision Publishing, Inc. or and/or their respective parent, subsidiary, affiliated and successor companies.
Rules Governing Winner(s)
Each entrant is solely responsibility for notifying Sponsor if the entrant changes his/her e-mail address. Neither Sponsor nor any person or entity with whom Sponsor produces this contest or sweepstakes in association with or any person or entity with whom Sponsor shares, sells, rents, leases nor otherwise makes data collected available, shall have any liability for any winner notification that is lost, intercepted or not received by the potential winner for any reason. A potential winner may NOT elect to receive substitutes in lieu of prizes awarded, however, they may waive their right to receive a prize. Prizes are non-assignable and non-transferable. Sponsor reserves the right to substitute prize(s) of equal or greater value if the specified prize(s) is unavailable for whatever reason. The winner may be required to execute an affidavit of eligibility and release, which must be completed and returned within twenty-one (21) days of notification or an alternate winner will be selected. Taxes, and additional shipping, handling and delivery fees in excess of the prize amount, if any, are the sole responsibility of the prize winner. The winner is solely responsible for the reporting and payment of any federal, state and/or local taxes on prizes. By accepting a prize, each winner agrees to the terms in the Ownership of Entries section of these rules.
Ownership of Entries
Any communication, data or information transmitted/submitted to the sweepstakes Web Site by electronic mail, data survey/query or otherwise is and will be treated as nonconfidential and nonproprietary. Entries become the exclusive property of the Sponsor and will not be returned. By submitting an entry, each entrant grants and hereby irrevocably assigns to Sponsor and their subsidiaries the exclusive right to reproduce, publish (in all media including online media), edit, use, transfer or sell the entry, data or other information collected, or any part thereof, for all commercial purposes, in perpetuity, throughout the universe, at no charge to Sponsor and without compensation to the entrant. Entrant further grants Sponsor and their assigns, licensees, affiliates and subsidiaries the right, without additional compensation (except where prohibited), to print, publish, broadcast and use at any time the winner's name, picture or other likeness, voice and biographical information as news or information for advertising and promotional purposes without additional consideration in any media now known or hereafter developed throughout the world. Failure to grant such rights may result in disqualification with an alternate winner or potential winner selected. By submitting an entry, the entrant agrees that Sponsor shall succeed to all right, title and interest in and to such submission/data; without limiting the generality of the foregoing, the entrant understands that Sponsor will have the exclusive right to use, reproduce and otherwise exploit the applicable submission, without restriction and without any compensation to the entrant (except where prohibited). Unaccepted prizes may not be awarded.
IMPORTANT! Please Read! General Release and Limitations on Liability
By entering the sweepstakes or contest, entrants agree that: (1) any and all disputes, claims, and causes of action arising out of or connected with the sweepstakes or contest or any prizes awarded, shall be resolved individually, without resort to any form of class action; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the sweepstakes or contest, but in no event will attorneys' fees be awarded or recoverable; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
Entrant expressly acknowledges and agrees that Sponsor, ABC and Activision Publishing, Inc., and their respective affiliates, licensees, assigns, parent and subsidiary corporations are not responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with: (i) incomplete, lost, late, misdirected or illegible entries or for failure to receive entries due to any cause, including without limitation human, transmission, or technical problems, failures, or malfunctions of any kind, whether originating with sender, with Sponsor, or otherwise, that may limit an entrant's ability to participate in the sweepstakes or contest; (ii) any injury or damage resulting from participation in the sweepstakes or contest, submitting an entry to the sweepstakes or contest, and/or the use of any prize (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on the entrant's rights of publicity or privacy, or the entrant's claim that he or she has somehow been defamed or portrayed in a false light); (iii) any injury or damage to any person's computer related to, or resulting from, participating in this sweepstakes or contest, downloading material from the Web site or using the Web site; and, (iv) ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SPONSOR’S WEB SITE OR THE DOWNLOADING FROM, OR PRINTING MATERIAL DOWNLOADED FROM, SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Internet Provisions
Entries are limited to those individuals who had Internet access as of the starting date of this sweepstakes or contest. Sponsor is not responsible and in any way liable for entrants who do not have computers, Internet access or who claim to suffer some other form of obstruction from entering this sweepstakes or contest. Entrants who do NOT have Internet access may visit any one of the many free service providers, gain access to the Web, and enter the sweepstakes. Entrant may alternatively enter the sweepstakes or contest through the mail by sending a postcard to: Sponsor, attention Contests/ Sweepstakes, 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056 as long as entries are received in our offices by the sweepstakes or contest end date indicated in these rules. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the contest or the hosting Web Site; to be acting in violation of these Official Rules; or to be acting in an unsportsmanlike or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the sweepstakes or contest, or to annoy, abuse, threaten or harass any other person. Entries will be deemed VOID if illegible. No mechanically reproduced, illegible, incomplete, forged, software generated or other automated multiple entries will be accepted. In the event of a dispute as to the identity of the entrant, any online entry will be deemed submitted by the holder of the e-mail account from which it was sent. Sponsor reserves the right to modify, suspend, or terminate the sweepstakes or contest if it determines, in its sole discretion, that the sweepstakes or contest is technically impaired or corrupted or that fraud or technical problems, failures or malfunctions have destroyed or severely undermined the integrity and/or feasibility of the sweepstakes or contest.
Governing Law(s) and Jurisdiction
ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS OR SPONSOR IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE'S LAWS. THE INVALIDITY OR UNENFORCEABILITY OF ANY PROVISION OF THESE RULES SHALL NOT AFFECT THE VALIDITY OR ENFORCEABILITY OF ANY OTHER PROVISION. IN THE EVENT THAT ANY PROVISION IS DETERMINED TO BE INVALID OR OTHERWISE UNENFORCEABLE OR ILLEGAL, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR ILLEGAL PROVISION WERE NOT CONTAINED HEREIN. EACH PERSON WHO PARTICIPATES IN THE SWEEPSTAKES IRREVOCABLY AGREES THAT THE STATE AND FEDERAL COURTS LOCATED IN LOS ANGELES, CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER ANY SUIT OR OTHER PROCEEDING ARISING OUT OF OR BASED UPON THIS AGREEMENT, AND EACH HEREBY WAIVES ANY CLAIM THAT IT IS NOT SUBJECT PERSONALLY TO THE JURISDICTION OF SAID COURTS OR THAT ANY SUCH SUIT OR OTHER PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM OR IMPROPER VENUE.
General Provisions
Hold Harmless: By accepting a prize, each winner agrees to release and hold harmless Sponsor and their officers, members, employees, representatives and agents from any and all liability for any injuries, loss or damage of any kind to any person arising in whole or in part, directly or indirectly, from accepting, possessing, using or misusing a prize, participating in any sweepstakes or contest related activity or participating in this sweepstakes or contest.
Disqualification: Sponsor reserves the right, in its sole discretion, to disqualify any individual that it believes: (i) is tampering with the entry process, the operation of the Web site or the operation of the sweepstakes; (ii) to be in violation of the User Agreement of the Web site; (iii) to be in violation of the Official Rules; or (iv) to be acting in any disruptive manner. Sponsor reserves the right to prosecute any fraudulent activities.
Entry Disputes: In the event of a dispute regarding entries submitted by multiple users with the same e-mail account, the authorized subscriber of the e-mail account used to enter the sweepstakes or contest at the actual time of entry will be deemed to be the participant. Such subscriber must comply with these rules. The authorized account subscriber is the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning e-mail addresses or the domain associated with the e-mail address.
Legal Rules and Odds of Winning
1. Sponsor reserves the right to change any of the rules, guidelines or prizes of this sweepstakes or contest at any time and for any reason, with or without notice.
2. Odds of winning will be determined by the number of entries received.
3. If, for any reason, the sweepstakes is not capable of running as planned due to computer virus, worms, bugs, tampering, unauthorized intervention, fraud, technical failures or any other causes which, in the sole opinion of Sponsor, could corrupt or affect the administration, security, fairness, integrity or proper conduct of this sweepstakes or contest, Sponsor reserve the right to cancel, terminate, modify or suspend the Internet portion of this sweepstakes or contest and to select the winner from regular mail-in entries and Internet entries received prior to taking such action.
4. Neither Sponsor nor participating promotional companies are in any way liable for damage, loss or injury resulting from computer malfunctions, misdirected or incomplete entries or acceptance and use of the prize. The winner assumes liability for injuries caused or claimed to be caused by participation in this sweepstakes or contest, or the use or misuse of any prizes.
5. Acceptance of a Prize constitutes winner’s permission for Sponsor to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation.
6. You may request a list of winners by sending a self-addressed, stamped envelope such that it is received by Sponsor no later than two (2) weeks following the end of the Promotional Period to attention Contests/ Sweepstakes, 5140 Goldleaf Circle, 3rd Floor, Los Angeles, CA 90056.