FULL LEGAL RULES: Downton Abbey Super Fan Party Giveaway

KQED
DOWNTOWN ABBEY SUPER FAN SWEEPSTAKES
(The "SWEEPSTAKES")

OFFICIAL RULES

NO PURCHASE NECESSARY TO ENTER OR TO WIN. VOID WHERE PROHIBITED.
A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. PARTICIPATION IN THE SWEEPSTAKES CONSTITUTES YOUR AGREEMENT TO BE BOUND BY THESE OFFICIAL RULES. Individuals who participate in the Sweepstakes or submit an entry are sometimes referred to herein as an “Entrant.”

1. SPONSOR: KQED, Inc. 2601 Mariposa Street, San Francisco, CA 94110 (“Sponsor”).
2. ELIGIBILITY: Sweepstakes is open only to individuals who are, (a) at least twenty-one (21) years of age, and (b) who are, as of the beginning of the Promotion Period (as defined below), legal residents of the state of California, U.S.A. (the “Eligibility Area”). Employees, officers, directors and agents and their immediate families (regardless of where they live), or members of the same households (whether related or not) of KQED and its affiliates and promotion agencies (collectively, the “Sweepstakes Providers”), and any other persons involved with this promotion, are not eligible to participate in the Sweepstakes or to win any prize. VOID OUTSIDE OF THE ELIGIBILITY AREA AND WHERE PROHIBITED OR RESTRICTED BY LAW. All federal, state and local laws and regulations apply.
3. HOW TO ENTER: The sweepstakes consist of a series of individual weekly sweepstakes (each, a “Sweepstakes”). You may enter the Sweepstakes each week beginning January 10, 2015 (for the January 10th weekly Sweepstakes) and ending February 7, 2015 (for the February 7th weekly Sweepstakes) (the period from January 10 to February 7, 2015 is referred to in these rules as the “Promotion Period”) by having “Liked” KQED on Facebook or by following KQED on Twitter and by following the Sweepstakes entry instructions during the Promotion Period. For five consecutive Saturdays starting January 10, 2015 KQED will post on the KQED Facebook and Twitter social media feeds a location where, for a four-hour time-window, Entrants can enter a drawing to win one (1) of twenty (20) weekly available tickets to the Downtown Abbey Super Fan Event (the “Event”).

ONLY ONE ENTRY PER PERSON PER WEEK AND EACH WINNING TICKET ALLOWS TWO ENTRANTS TO THE SUPER FAN PARTY.

 

Sponsor reserves the right to verify eligibility of all Entrants. This Sweepstakes is in no way sponsored, endorsed or administered by, or associated with, Facebook or Twitter.

4. WINNER SELECTION, NOTIFICATION AND ODDS OF WINNING:

For each week’s Sweepstakes, twenty (20) Entrants who properly complete all necessary steps for such day’s sweepstakes will be chosen at random in a drawing by Sponsor or its designee (each a “Prize Winner”). If less than twenty (20) Entrants enter that week’s Sweepstakes, then the prior weeks’ Sweepstakes entrants will be entered into the drawing to win the remaining tickets available that week. The Prize Winners will be contacted by phone and email (“Prize Notification”). To be confirmed a Prize Winner, you will be required to reply to the Prize Notification within two (2) days with an acceptance of these legal rules and a publicity release which will be sent to you in the Prize Notification email. If prize is not claimed within two (2) days then winning ticket will have been deem forfeited and another winner will be selected by random drawing.

Odds of winning depend on the number of eligible Entrants who participate, and are equal regardless of method of entry.

5. PRIZE: The prize (“Prize”) will be one of one-hundred (100) tickets to attend the Downtown Abbey Super Fan Event. The party will take place at a downtown San Francisco bar and will include themed drinks, hors d’oeuvres, live music and special Downtown-Abbey themed giveaways.
6. PRIZE RESTRICTIONS: No portion of the Prize may be transferred, redeemed for cash or substituted, except by Sponsor (in its sole discretion), which reserves the right to substitute any portion of the Prize with a prize of equal or greater value for any reason, including, without limitation, Prize unavailability. All expenses not specifically identified as included in the Prize are the sole responsibility of the Prize Winner. The Prize, and all elements thereof, are subject to availability. The Prize is awarded “AS IS” and WITHOUT WARRANTY OF ANY KIND, express or implied (including, without limitation any implied warranty of merchantability or fitness for a particular purpose). Acceptance, participation in and/or use of the Prize is at Prize Winner’s (and Prize Winner’s guest) sole risk and Sponsor is not responsible for any damages whatsoever including special, indirect, or consequential damages, arising out of or in connection with the use and/or misuse of the Prize.

Prize Winner will be solely responsible for all federal, state and local taxes and fees and other expenses associated with his/her Prize receipt and/or use that are not expressly included in the Prize description. The Prize Winner may be issued a 1099 tax form for the ARV of the Prize. Failure to take or complete any portion of the Prize does not relieve the Prize Winner of his/her tax obligations associated with winning the Prize.

7. PUBLICITY/PRIVACY POLICY: Except where prohibited by law, each Prize Winner’s entry and acceptance of a Prize constitutes the Prize Winner’s (and Prize Winner’s guest) irrevocable, sub-licensable, absolute right and permission for the Sponsor to use, publish, post or display said Prize Winner’s (and guest’s) name, photograph, likeness, statements, biographical information, voice, city and state address, Prize information, any quotes attributable to him or her and any other indicia of persona (regardless of whether altered, changed, modified, edited, used alone, or used with other material in the Sponsor’ sole discretion) for any purpose, including but not limited to advertising, trade, promotional and publicity purposes on a worldwide basis, and in all forms of media now known or hereafter devised, in perpetuity, without further authorization, opportunity to review, approval, notification, or compensation of any kind and each Entrant and guest of Entrant releases Sponsor from any and all liability related thereto. Nothing contained in these Official Rules obligates the Sponsor to make use of any of the rights granted herein and Prize Winner waives any right to inspect or approve any such use. In order to participate in the Sweepstakes, Entrants may be required to supply certain information about themselves in a Sweepstakes registration form. This information will be used by Sponsor for the purposes of administering the Sweepstakes. The personal information will be collected, processed and used in accordance with Sponsor’s Privacy Policy. Sponsor’s privacy policy can be found at http://www.kqed.org/about/help/privacy.jsp
8. GENERAL CONDITIONS: This Sweepstakes is subject to all applicable federal, state and local laws. By participating, Entrants agree to be bound by these Official Rules and the decisions of Sponsor. Entrants waive any right to claim ambiguity in the Sweepstakes or these Official Rules. All Entrants agree to follow the Official Rules and release, discharge, hold harmless and indemnify the Sponsor and each of them (collectively, the “Released Parties”) against any and all liability, damages or causes of action (however named or described), with respect to or arising out of 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 promotional-related activity or participation in this Sweepstakes. In consideration for being awarded a Prize, or any portion thereof, each Prize Winner hereby agrees and consents, without further authorization, compensation or remuneration of any kind, to the use of Prize Winner’s (and guest’s) name and/or likeness in any and all advertising, promotions and other publicity conducted by Sponsor, except where prohibited by law. Sponsor reserves the right to modify the scheduling of the Sweepstakes without prior notification, and the right to make changes or additions to these Official Rules for any reason at any time. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. PRIZE WINNERS (AND INVITED GUESTS) AND ENTRANTS RELEASE, DISCHARGE, AND AGREE TO INDEMNIFY AND HOLD HARMLESS, THE SPONSOR, SWEEPSTAKES ENTITIES, TWITTER, FACEBOOK, INSTAGRAM AND THEIR RESPECTIVE MANAGERS, MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS AND REPRESENTATIVES FROM AND AGAINST ANY LIABILITY FOR ANY DAMAGES, INJURY 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, ANY PORTION THEREOF OR PARTICIPATION IN ANY SWEEPSTAKES RELATED ACTIVITY OR PARTICIPATION IN THIS SWEEPSTAKES.

By entering this Sweepstakes, the Entrant agrees to the following Statement:

I expressly understand that Section 1542 of the Civil Code of California provides substantially as follows: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH DEBTOR." The provisions of this Section 1542 of the Civil Code of California and any similar law of any state, territory, or other jurisdiction are hereby expressly waived.

1. LIMITATIONS OF LIABILITY: The Sponsor are not responsible for late, lost, damaged, misdirected, incomplete, illegible, undeliverable, destroyed, and/or lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions and/or entries not received resulting from any hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete or garbled computer or telephone transmissions, or for any problems or technical malfunction(s) of any telephone network or lines, computer online systems, servers or providers, computer equipment, or entries not received by Sponsor on account of technical problems or traffic congestion on computer networks, or any combination thereof, including any injury or damage to participant's or any other person's computer related to or resulting from participating in the Sweepstakes or downloading any material for the Sweepstakes, or other telecommunications malfunctions which may limit an entrant's ability to participate. Sponsor may prohibit an Entrant from participating in the Sweepstakes or winning the Prize if, in its sole discretion, it determines that said Entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other Entrants or Sponsor representatives. Any attempt by any person to deliberately damage any website or undermine the legitimate operation of the Sweepstakes is a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves its right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes.

To the maximum extent permitted by law, in no event will KQED be responsible or otherwise liable for any damages or losses of any kind, including direct, indirect, incidental, consequential or punitive damages related to the Sweepstakes, including any access to or use of the website or any downloading from or printing material from the website. Everything on the website is provided “as is” without warranty of any kind, either expressed or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Some jurisdictions may not allow limitations or exclusions of liability for incidental or consequential damages or exclusion of implied warranties so some of the above limitations or exclusions may not apply. Winners agree that all prizes are provided “as is” without any warranty, representation, or guarantee, express or implied, in fact or in law, whether now known or hereinafter enacted, relative to the use or enjoyment of the prize, including, without limitation, its quality, merchantability, or fitness for a particular purpose. Further, no responsibilities are accepted for any additional expenses, omissions, delays, or re-routing resulting from any acts of any government or authority.

1. DISPUTES: Except where prohibited, as a condition of participating in this Sweepstakes, each Entrant agrees that: (i) any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate state or federal court located in San Francisco, California; (ii) any and all claims, judgments and awards on behalf of Entrant shall be limited to actual out-of-pocket costs incurred, if any, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees, and in no event to exceed two hundred fifty dollars ($250); and (iii) under no circumstances will Entrant be permitted to obtain awards for, and Entrant hereby waives all rights to claim, indirect, 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; and (iv) this Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the internal laws of the State of California without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other state’s laws.
2. MISCELLANEOUS:

(a) Dates and Deadlines: Because of the unique nature and scope of the Sweepstakes, the Sweepstakes Provider reserves the right, in addition to those other rights reserved herein, to modify any date(s) or deadline(s) set forth in these Official Rules or otherwise governing the Sweepstakes.

(b) Privacy: Information submitted in connection with the Sweepstakes will be treated in accordance with these Official Rules and KQED's Privacy Policy (as may be amended from time to time), currently located at http://www.kqed.org/about/help/privacy.jsp; provided, that in the event of any conflict between these Official Rules and such Privacy Policy, the terms and conditions of these Official Rules shall prevail.

(c) Prize Winner: For the name of the Prize Winners, send a self -addressed stamped envelope after February 26, 2015 to: Winners List, "Downtown Abbey Super Fan Sweepstakes, KQED, 2601 Mariposa St., San Francisco, California 94110, Attention: Membership. Requests for Winners List must be received by March 31, 2015.

(d) Rule Requests: To receive a copy of these complete rules, send a self-addressed, stamped envelope to: Official Rules, "Downtown Abbey Super Fan Event", Attention: Membership, KQED, 2601 Mariposa St., San Francisco, California 94110. Requests for Official Rules must be received by February 26, 2015.