“Games Channel 96” Sweepstakes
NO PURCHASE OR PAYMENT OF MONEY IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE OR PAYMENT OF MONEY WILL NOT IMPROVE THE CHANCES OF WINNING.
The “Games Channel 96” Sweepstakes (the “Sweepstakes”) is intended for legal United States residents only and shall only be construed and evaluated according to U.S. law. Do not enter this Sweepstakes if you are not located in the U.S. at the time of entry.
The Sweepstakes is sponsored by GameTreeTV a division of TransGaming Inc. and administered by TransGaming Digital Home, a subsidiary of TransGaming Inc., with its address as P. O. Box 3233 Lilburn, GA 30048 and by Visiware S.A., a company incorporated in France, and registered with the Nanterre RCS under number 395132947, and having its registered offices at 2.rue Trovon 92316 Sèvres Cedex, France (collectively; the “Sponsors”) and administered by American Sweepstakes & Promotion Co., Inc., 300 State St. Suite 402 Rochester, NY 14614(the “Administrator”).
The Sweepstakes is open to all legal residents of the United States and D.C. (excluding Hawaii, Alaska and Puerto Rico), who are 18 years of age or older at the time of entry (the “Entrants”). In addition, Entrants must be Dish Network Subscribers as of December 31, 2014. This Sweepstakes is not open to the general public.
Employees, officers and representatives of Sponsors, Administrator, and any of their respective parent companies, affiliates, franchisees, licensees, distributors, suppliers, subsidiaries, retailers, advertising/promotion agencies and members of the immediate family (mother, father, brothers, sisters, sons, daughters and spouse, regardless of where they reside) and household members of each such employee, whether or not related, are not eligible to participate. Void outside of United States, D.C., and where prohibited or restricted by law.
AGREEMENT TO OFFICIAL RULES:
By participating, Entrants agree to abide by and be bound by these Official Rules and the decisions of the Sponsors, which are final and binding in all matters relating to the Sweepstakes. Winning a Prize (as described below) is contingent upon fulfilling all requirements set forth herein. HOW TO ENTER: The Sweepstakes begins at 12:00:01 a.m. Eastern Standard Time (“EST”) on September 02, 2014 and ends at 11:59:59 p.m. EST on October 05, 2015 (“Sweepstakes Period”). During the Sweepstakes Period, there are three (3) ways to enter the Sweepstakes:
1) Entrants may enter the Sweepstakes by going to the GameTreeTV channel (the “Station”) and clicking to register in the Sweepstakes. All entries must be received by 11:59:59pm ET on October 5, 2015. There is a limit of one Sweepstakes entry per household / mailing address;
2) Entrants may enter the Sweepstakes by retrieving the code provided at the end of a game session, and then logging onto www.gameschannel96.com to register the code in the SWEEPSTAKES section. All entries must be received by October 5, 2015.
3) Entrants can enter the Sweepstakes by hand printing on a 3”x 5” card, your full name, complete mailing address, phone number, and email address. Mail the card to: “GameTreeTV” –2015 Sweepstakes
, 90 Rockwood Place, Rochester, NY 14610. All entries must be postmarked by October 5, 2015, and received by October 9, 2015.
Limit one (1) entry per household/mailing address during the Sweepstakes Period regardless of the method of entry. By participating in this Sweepstakes, Entrants agree to be bound by these Official Rules and the decisions of the Sweepstakes Administrator. The Sponsors are not responsible for: lost, late, incomplete, illegible, incorrect, delayed, garbled, undelivered, misdirected, stolen, postage-due registrations, entries or mail. The Sponsors reserve the right to disqualify any person that submits more than maximum allowed entries. Incomplete entries will be disqualified. The use of mechanical reproductions is prohibited and all such entries are void. All entries become the exclusive property of Sponsors and will not be acknowledged or returned. By participating, you consent for Sponsors to obtain, use, and transfer your name, email address, telephone number and other information for the sole purpose of administering this Sweepstakes.
If for any reason the operation or administration of this Sweepstakes is impaired or incapable of running as planned for any reason, including but not limited to (i) infection by computer virus, bugs; (ii) tampering, unauthorized intervention; (iii) fraud; (iv) technical failures or (v) any other causes beyond the control of the Sponsors which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, the Sponsors reserve the right at its sole discretion, to disqualify any individual who tampers with the entry process, and to cancel, terminate, modify or suspend the Sweepstakes in whole or in part, at any time, without notice and award a Prize (defined below) using all non-suspect eligible entries received as of, or after (if applicable) this cancellation, termination, modification or suspension date, or in any manner that is fair and equitable and best conforms to the spirit of these Official Rules. Sponsors reserves the right, at its sole discretion, to disqualify any individual deemed to be tampering or attempting to tamper with the entry process or the operation of the Sweepstakes or Sponsors’ Website; or acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE ANY WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, THE SPONSORS RESERVE THE RIGHT TO SEEK DAMAGES OR OTHER REMEDIES FROM ANY SUCH PERSON (S) RESPONSIBLE FOR THE ATTEMPT TO THE FULLEST EXTENT PERMITTED BY LAW.
Failure by the Sponsors to enforce any provision of these Official Rules shall not constitute a waiver of that provision. In the event of a dispute as to the identity of a winner based on an email address, the winning entry will be declared by the authorized account holder of the email address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
RELEASE AND LIMITATIONS OF LIABILITY:
By participating in the Sweepstakes, Entrants agree to release and hold harmless the Sponsors, Carnival Cruise Lines, the Administrator, their respective parents, employees, officers, directors, subsidiaries, affiliates, distributors, sales representatives, advertising and promotional agencies (collectively, the “Released Parties”) from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of any Prize, including, but not limited to: (i) any technical errors that may prevent an Entrant from submitting an entry; (ii) unauthorized human intervention in the Sweepstakes; (iii) printing errors; (iv) errors in the administration of the Sweepstakes or the processing of entries; or (v) injury, death, or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Entrant’s participation in the Sweepstakes or receipt of any Prize. Released Parties assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, entries. Released Parties are not responsible for any problems or technical malfunction of any telephone network or telephone lines, computer on-line systems, servers, or providers, computer equipment, software, failure of any e-mail or entry to be received by Sponsors on account of technical problems, human error or traffic congestion on the Internet or at any website, or any combination thereof, including any injury or damage to Entrant's or any other person's computer relating to or resulting from participation in this Sweepstakes or downloading any materials in this Sweepstakes. Entrant further agrees that in any cause of action, the Released Parties’ liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorney fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages.
DRAWING AND NOTIFICATION:
The potential Prize Winners will be selected in a random drawing from among all eligible entries received throughout the Sweepstakes Period. The Prize drawing will be conducted by the Administrator, whose decisions are final and binding. The Prize drawing will be conducted on or about October 5, 2015. The potential Grand Prize Winner will be contacted by the Administrator via phone, email and/or by USPS mail. Each potential First Prize Winner will be contacted by the Sponsors via phone, email and/or by USPS mail. Odds of winning a Prize will depend on the total number of eligible entries received throughout the Sweepstakes Period.
PRIZES & PRIZE CONDITIONS:
There will be one (1) Grand Prize
and five (5) First Prizes
The Grand Prize Winner
, upon the Administrator’s confirmation of eligibility, will receive one (1) 4-5 day Carnival Cruise for two (2) people. Depending on the Winner’s state of residence, the Sponsors will select the Carnival Cruise Departure Port (Departure Ports defined at http://www.carnival.com/cruise-from.aspx).
- If the selected Departure Port selected by the Sponsors is within 150 miles of the Winner’s residence, the Sponsors reserve the right to substitute ground transportation for air transportation.
- If the selected Departure Port selected by the Sponsors is not within 150 miles of the Winner’s residence, the Sponsors will procure two (2) roundtrip standard economy airfare tickets (for the Winner and companion) from a major commercial airport in the United States, nearest the Winner’s primary residence as determined by Sponsors.
The cruise destination will depend on the available destinations from the Departure Port selected by the Sponsors. The cruise duration will be four (4) or five (5) days depending on the destinations available at the time of booking. The Approximate Retail Value (“ARV”) of the total Grand Prize package is $3,500 which will vary depending upon the need of airfare, points of departure and destination and seasonal fluctuation of airfares.
All other expenses not specifically mentioned herein, including but not limited to, airport taxes and fees, baggage fees, ground transportation not specifically delineated, food, beverages, additional hotel amenities or fees and gratuities, are the responsibility of the Grand Prize Winner and traveling companion. The Sponsors are not responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the air transportation carriers, or other transportation companies or any other persons providing any of these services and accommodations necessitated by same. The Sponsors shall not be liable for any loss or damage to baggage and/or personal property. If the actual value of Grand Prize package is lower than the stated ARV when the Prize is procured and fulfilled, then the difference will not be awarded. Travel and other accommodations are subject to availability. Certain blackout dates and material restrictions may apply. The Winner’s travel companion must be 18 years of age or older at the time of travel. The Grand Prize Winner and traveling companion must travel on same itinerary. The trip must be fully executed no later than Ocotber 5, 2015, or the Grand Prize will be forfeited.
Each First Prize Winner
will receive an iPad Mini Wi-Fi Model (ARV - $249). NOTE: Apple and iPad are registered trademarks of Apple Inc. Such trademarks are used solely for the purpose of identification of the prize and no participation, endorsement, authorization or sponsorship by Apple is intended or implied.
Total Prize Pool - $4,745. No substitution, assignment or transfer of the Prize is permitted, except by Sponsors, who reserve the right to substitute the Prize or any Prize component with another of comparable or greater value.
By accepting a Prize, the Prize Winners each agree to release and hold harmless the Released Parties, each of their related companies, and each of their respective officers, directors, employees, shareholders, and agents from and against any claim or cause of action arising out of participation in the Sweepstakes or receipt or use of the Prize in question. The potential Grand Prize Winner will be notified by home-delivered mail, phone, or email, and must sign and return to the Administrator, within seven (7) days of the date of notice or attempted notice is sent, an Affidavit of Eligibility, Liability & Publicity Release in order to claim his/her Prize. The Grand Prize Winner’s travel companion must also execute and return a Travel Companion Waiver. Note: The Affidavit sent to the potential Grand Prize Winner will require that the Winner provide their Social Security Number to the Administrator, which will be used solely for tax reporting purposes.
The Winners will each be responsible for all local, state, and federal taxes associated with the receipt of their Prize. The Grand Prize Winner must note that the value of the accepted Prize is taxable as income and an IRS Form 1099 will be filed in the name of the Winner for the value of the Prize. The Prize Winners are solely responsible for all matters relating to their Prize after it is awarded. If a Prize or Prize notification is returned as unclaimed or undeliverable to the potential Prize Winner, if the potential Prize Winner cannot be reached within three (3) business days from the first notification attempt, or if the potential Grand Prize Winner fails to return requisite document(s) within the specified time period, or if potential Prize Winner is not in compliance with these Official Rules, then such person shall be disqualified and, at Sponsors’ sole discretion, an alternate Prize Winner may be selected for the Prize at issue.
By accepting any of the aforementioned Prizes, where permitted by law, the Prize Winners grant to the Released Parties and those acting pursuant to the authority of the Sponsors and the Released Parties (which grant will be confirmed in writing upon Sponsors’ request), the right to print, publish, broadcast and use worldwide IN ALL MEDIA without limitation at any time a Winner’s full name, portrait, picture, voice, likeness and/or biographical information for advertising, trade and promotional purposes without further payment or additional consideration, and without review, approval or notification. IN NO EVENT WILL RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND (INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES) ARISING OUT OF PARTICIPATION IN THIS SWEEPSTAKES OR THE ACCEPTANCE, POSSESSION, USE, OR MISUSE OF, OR ANY HARM RESULTING FROM THE ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE PRIZES. By participating, Entrants release and agree to hold harmless the Released Parties from any and all liability for any injuries, death or losses or damages to persons or property AS WELL AS CLAIMS/ACTIONS BASED ON PUBLICITY RIGHTS, DEFAMATION, AND/OR INVASION OF PRIVACY that may arise from participating in this Sweepstakes or its related activities or the acceptance, possession, use or misuse of, or any harm resulting from the acceptance, possession, use or misuse of the Prize(s). The Prize Winners also acknowledge that Released Parties 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 their Prize(s).
USE OF DATA:
By entering the Sweepstakes, Entrants agree that 1.) Any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes, 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 but in no event attorneys' fees; and 3.) Under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, shall be governed by, and construed in accordance with the laws of the state of New York without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of the laws of any jurisdiction other than the state of New York. The invalidity or unenforceability of any provision of these Official 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 Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. The value of the prizes set forth above represents Sponsors’ good faith determinations of the ARV thereof and such determinations are final and binding and cannot be appealed.
WINNERS LIST REQUEST:
To request confirmation of the name, city, and state of residence of each Prize Winner, please send a self-addressed, stamped business size envelope, by October 9, 2015, to: ASC/GameTreeTV 2015 Sweepstakes Winners List Request, 300 State St., Suite 402, Rochester, NY 14614.