"Spring Fever” Sweepstakes
TALK WW PRODUCTION, INC., D/B/A “THE WENDY WILLIAMS SHOW” The Wendy Williams Show: “Spring Fever” Sweepstakes
Official Rules for Week 1 (4/29/13-5/3/13)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT IMPROVE YOUR ODDS OF WINNING. AFFIDAVIT OF ELGIBILITY/RELEASE OF LIABLITY/PRIZE ACCEPTANCE AGREEMENT AND BACKGROUND CHECK MAY BE REQUIRED TO RECEIVE ANY PRIZE IN THIS SWEEPSTAKES.
1. Sponsor: TALK WW PRODUCTION, INC., D/B/A “THE WENDY WILLIAMS SHOW” 226 West 26th Street, 4th Floor, New York, NY 10001
2. Sweepstakes Administrator: Woobox, LLC 1329 Broadway St. Suite 201, Longview, WA 98632
3. The Sweepstakes: The Wendy Williams Show: “Spring Fever” Sweepstakes (the “Sweepstakes”) begins at 7:01:00 a.m. PST on April 29, 2013 and ends at 11:59:00 p.m. PST on May 3, 2013 (the “Sweepstakes Period”). Contestants can only enter the Sweepstakes during a Daily Sweepstakes Period (defined below). All times in the Sweepstakes refer to Pacific Standard Time (“PST”). Sweepstakes Administrator’s computer is the official time keeper for the promotion. Sweepstakes is subject to all applicable federal, state and local laws.
4. Eligibility: The Sweepstakes is open only to permanent, legal US residents physically located and residing in one (1) of the forty-eight (48) contiguous United States or the District of Columbia who are eighteen (18) years of age or older as of April 29, 2013 and have a valid government issued i.d., such as a valid passport. Sweepstakes is void in Alaska, Hawaii, Guam, the U.S. Virgin Islands, Puerto Rico, U.S. Military installations in foreign countries, and all other U.S. territories and possessions, and where restricted or prohibited by law. Officers, directors, and employees of Sponsor, Sweepstakes Administrator, Facebook, and Fox Television Stations, Inc. and their respective advertising and promotion agencies, and any other entities participating in the design, promotion, marketing, administration or fulfillment of the Sweepstakes or the transmission of The Wendy Williams Show during the Sweepstakes Period, as well as each of their parent corporations, subsidiaries and affiliated companies, and their immediate families (defined as spouse, mother, father, sisters, brothers, sons, daughters, uncles, aunts, nephews, nieces, grandparents and in-laws, regardless of where they live) and members of their households (people who share the same residence at least three (3) months out of the year whether or not related), are ineligible to participate in or win this Sweepstakes. Sponsor reserves the right to conduct background checks on the potential winner and the potential winner’s companion, as a condition to receipt of the Prize. Winner and winner’s selected companion must first submit to such background check and cooperate with Sponsor in any way that Sponsor requests in order to be eligible to receive the Prize (as defined below). Sponsor reserves the right, in its sole discretion, to disqualify any winner and/or winner’s companion based on such background check if Sponsor determines, in its sole discretion, that awarding the Prize to such winner might reflect negatively on Sponsor.
5. How to Enter: Each weekday (e.g., Monday, Tuesday, Wednesday, Thursday or Friday) during the Sweepstakes Period (“Daily Sweepstakes Period”) you will be able to enter the Sweepstakes one (1) time. You will have a total of five (5) separate opportunities to enter during the Sweepstakes Period or, in other words, one (1) entry per day during the Daily Sweepstakes Period. Each of the five (5) separate Daily Sweepstakes Periods coincides with a syndicated weekday broadcast of The Wendy Williams Show. One (1) weekly potential prize winner (“Weekly Winner”) will be randomly selected from all eligible Daily Entries (as defined below) received during the Sweepstakes Period. The Daily Entry (as defined below) for each weekday broadcast must occur between the hours of 7:01:01 a.m. PST and 11:59:00 p.m. PST on each broadcast weekday of The Wendy Williams Show. To enter, watch The Wendy Williams Show in syndication on weekdays during the Sweepstakes Period and listen and/or look for the “Word of the Day” announced and/or displayed on screen during the episode. For a complete list of times and channels airing The Wendy Williams Show in syndication click here (http://www.wendyshow.com). Enter the Sweepstakes by accessing the “Spring Fever Sweepstakes” tab on The Wendy Williams Show Facebook Page at www.Facebook.com/wendyshow (“Website”) and complete the electronic entry. In order to be able to access the entry form on The Wendy Williams Show Facebook Page, potential Entrants must first “Like” The Wendy Williams Show Facebook Page. Follow all entry directions to correctly enter the “Word of the Day,” and provide all other required information (including, without limitation, your name, phone number, mailing address, birth date, and email address (a “Daily Entry”). You must submit the correct “Word of the Day” and correctly spell it as it appears on The Wendy Williams Show to be eligible to have a valid Daily Entry. ONLY ONE (1) ENTRY PER PERSON, PER EMAIL ADDRESS, PER WEEKDAY BROADCAST FOR A TOTAL OF NO MORE THAN FIVE (5) ENTRIES DURING THE WEEK 1 SWEEPSTAKES PERIOD.
6. Winner Selection and Notification of Potential Winner: On or about May 6, 2013 following the conclusion of the Sweepstakes Period, one (1) potential Winner will be randomly selected from among all eligible Daily Entries received during the Sweepstakes Period. Potential Winner will be notified by phone, or email within one (1) business day of selection. The potential Winner must continue to comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all requirements. If the potential Winner cannot be contacted within one (1) business day, or if the Prize or Prize notification is returned as undeliverable, potential Winner forfeits the Prize. The potential Winner must complete and return an affidavit of eligibility and publicity release (except where prohibited), agree to accept the Grand Prize within two (2) business days from the time personal contact is made, and submit to a background check before being deemed eligible to receive the Prize; otherwise such potential Winner will be disqualified. Sponsor reserves the right to disqualify any individual who provides false information on the Entry or Affidavit of Eligibility or whose background check reveals information that is inconsistent with positive images and/or goodwill to which Sponsor wishes to associate (which may be determined by Sponsor, at its sole and absolute discretion). Non-compliance with the requirements set forth in this paragraph shall result in disqualification and award of the prize to an alternate winner. In the event that the potential Winner is disqualified for any reason, Sponsor may award the Prize to an alternate Winner by random drawing from among all remaining eligible Entries received during the Sweepstakes Period. Sponsor reserves the right to modify the notification procedures in connection with the selection of an alternate potential Winner. An entrant is not a Winner, even if the Sponsor should so indicate, unless and until that entrant’s eligibility and the potential winning Entry has been verified and the entrant has been notified that verification is complete. Limit of one Prize per person per household during the Sweepstakes Period.
7. THE POTENTIAL SWEEPSTAKES WINNER IS SUBJECT TO VERIFICATION BY THE SPONSOR WHOSE DECISION IS FINAL AND BINDING IN ALL MATTERS RELATED TO THE SWEEPSTAKES.
8. Prize:There will be one (1) Prize awarded. The Prize will consist of: Roundtrip coach air transportation for winner and one (1) guest between major airport closest to winner’s residence and Montego Bay, Jamaica; five (5) nights/six (6) days all inclusive hotel accommodations at IBEROSTAR Rose Hall Beach, Montego Bay, Jamaica consisting of one (1) room (subject to hotel availability on preferred dates of travel). Included in each all-inclusive package are all on-property meals, snacks, alcoholic and non-alcoholic beverages, and amenities, such as Kids Club, tennis, fitness center and non-motorized water sports. Airfare, transfers, excursions off property, golf and spa services are not included in the Prize. Trip fulfillment must be completed by May 31, 2014, or prize will be forfeited. Winner and guest must be on the same itinerary. Guest must be 18 years of age or older at time of travel or be traveling with his or her parent or legal guardian as the prize winner and must complete any documentation provided by Sponsor prior to prize fulfillment. Odds of winning a Prize depend on the number of eligible Entries received during the Sweepstakes Period. All taxes not addressed in Prize and other unspecified expenses, costs or fees associated with acceptance and/or use of the Prize are the responsibility of the Winner. No transfer, or other substitution of the Prize will be allowed except that Sponsor reserves the right, in Sponsor’s sole and absolute discretion, to substitute a Prize of comparable or greater value. Winner and travel companion are responsible for having all necessary travel documents including a valid government issued i.d. (as described above). Sponsor will not replace any lost or stolen Prize once in Winner's possession. Approximate retail value (“ARV”) of the Prize is two thousand and seven hundred dollars ($2,700.00). Actual value of Prize will vary depending on point of departure and the seasonal fluctuation of hotel rates and airfares. Any difference between the actual value and ARV of the Prize will not be awarded. Winner will receive an IRS Form 1099 from Sponsor for the total ARV of the Prize for the calendar year in which the Prize was won.
9. Entry Conditions and Release: By entering, each entrant agrees to: (a) comply with and be bound by these Official Rules and the decisions of the Sponsor, which are binding and final in all matters relating to this Sweepstakes; (b) indemnify, release and hold harmless the Sponsor, Wendy Williams - the individual, Sponsor Administrator, Facebook, Fox Television Stations, Inc., and each of their respective parents, subsidiary, and affiliated companies, including but limited to the Prize suppliers and any other organizations responsible for sponsoring, fulfilling, administering, advertising or promoting the Sweepstakes, and all of their respective past and present officers, directors, employees, agents and representatives (collectively, the “Released Parties”) from and against any and all claims, expenses, and liability, including but not limited to negligence and damages of any kind to persons and property, including, but not limited to, invasion of privacy (under appropriation, intrusion, public disclosure of private facts, false light in the public eye or other legal theory), defamation, slander, libel, violation of right of publicity, infringement of trademark, copyright or other intellectual property rights, property damage, or death or personal injury arising out of or relating to an entrant's Entry, creation of an Entry or submission of an Entry, participation in the Sweepstakes and Promotion, acceptance or use or misuse of the Prize and/or the broadcast, exploitation or use of Entry; and (c) waive any right to claim any ambiguity or error in these Official Rules or the Sweepstakes itself.
10. Publicity: Except where prohibited, participation in the Promotion constitutes Winner’s consent to Sponsor's and its agents' use of the Winner's name, likeness, photograph, voice, opinions and/or hometown and state for promotional purposes in any and all media, now or hereafter known, worldwide, in perpetuity without further payment or consideration.
11. General Conditions: Sweepstakes Administrator and Sponsor reserves the right to cancel, suspend and/or modify the Promotion, or any part of it, if any fraud, technical failures or any other factor beyond Sweepstakes Administrator’s or Sponsor’s reasonable control impairs the integrity or proper functioning of the Sweepstakes or the transmission of The Wendy Williams Show during the Sweepstakes Period, as determined by Sweepstakes Administrator and/or Sponsor in their sole discretion. Sweepstakes Administrator and/or 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 undermine the legitimate operation of the Sweepstakes may be 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. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Sponsor retains sole discretion for determining if Entry contains the correct answer. Incorrect, incomplete, illegible, false/deceptive, and ineligible Entries are void and will be disqualified, as are any Entries made (a) by any method other than that set forth in these Official Rules or (b) via any automated sweepstakes entry service or program(s). All Entries and related correspondence become the property of Sponsor and will not be acknowledged or returned.
Released Parties are not responsible for incomplete, lost, late, stolen, damaged, inaccurate, illegible, misdirected, garbled, delayed or undelivered Entries; for any computer, network, technical, mechanical, printing, typographical, human or other errors or problems of any kind relating to or in connection with the Sweepstakes, including, without limitation, errors or problems of any kind that may occur in connection with the administration of the Sweepstakes, the transmission of the Word of the Day, the processing of Entries, the announcement, delivery or use of the Prize or in any Sweepstakes-related materials; or for any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with, the Sweepstakes.
PLEASE NOTE THAT A HIGH VOLUME OF ENTRIES, ONLINE OR TECHNICAL DIFFICULTIES WITH THE SYSTEM, MAY RESULT IN TEMPORARY INABILITY TO ENTER THE SWEEPSTAKES OR A DELAY IN THE PROCESSING OF ENTRIES SUCH THAT YOUR ENTRY IS NOT RECEIVED IN TIME TO PARTICIPATE. RELEASED PARTIES ARE NOT RESPONSIBLE OR LIABLE SHOULD ANY ENTRY NOT BE RECEIVED DUE TO SUCH DELAYS.
If for any reason this Sweepstakes is not capable of being run or implemented as planned (as determined by Sponsor in its sole discretion), including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause of any kind, which, in Sponsor’s sole judgment, is likely to or actually corrupts or affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify or suspend all or any part of the Sweepstakes, or to disqualify any implicated entrant(s) (and their Entries), and the Prizes may not be awarded. In the event of cancellation, termination, modification or suspension, Sponsor reserves the right, at its sole discretion, to pick a Winner in a random drawing from among all eligible, non-suspect Entries received up to the time of the event or action warranting such cancellation, termination, modification or suspension, as applicable. In the event this Sweepstakes is cancelled prior to the stated end date, a notice will be posted at the Website.
Sponsor may prohibit any entrant or potential entrant from participating in the Sweepstakes, if at the sole discretion of Sponsor, such person shows a disregard for these Official Rules or acts (1) with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsor, the Released Parties or their agents or representatives or (2) in any other disruptive manner. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter, if applicable, will be deemed to be the entrant. “Authorized account holder” of an email address is defined as the natural person who is assigned to an email address by an Internet Access provider, on-line 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.
12. Disputes: THE SWEEPSTAKES IS GOVERNED BY, AND WILL BE CONSTRUED IN ACCORDANCE WITH, THE LAWS OF THE STATE OF NEW YORK, AND THE FORUM AND VENUE FOR ANY DISPUTE SHALL BE IN NEW YORK, NEW YORK. IF THE CONTROVERSY OR CLAIM IS NOT OTHERWISE RESOLVED THROUGH DIRECT DISCUSSIONS OR MEDIATION, IT SHALL THEN BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., IN ACCORDANCE WITH ITS STREAMLINED ARBITRATION RULES AND PROCEDURES OR SUBSEQUENT VERSIONS THEREOF (“JAMS RULES”). THE JAMS RULES FOR SELECTION OF AN ARBITRATOR SHALL BE FOLLOWED, EXCEPT THAT THE ARBITRATOR SHALL BE EXPERIENCED AND LICENSED TO PRACTICE LAW IN CALIFORNIA. ALL PROCEEDINGS BROUGHT PURSUANT TO THIS PARAGRAPH WILL BE CONDUCTED IN THE COUNTY OF LOS ANGELES. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
14. Rules/ Winner’s List: To view the Official Rules or for the names of the Prize Winners, log onto www.Facebook.com/wendyshow. You may view the Official Rules online from April 29, 2013 through May 3, 2013. The names of the Prize Winners will become available after completion of the Sweepstakes. ANY MAIL-IN REQUESTS SUBMITTED WILL BE AUTOMATICALLY DESTROYED WITHOUT OPENING.