Zip and Dash to Los Angeles Sweepstakes
NO ENTRY FEE. NO PURCHASE NECESSARY TO ENTER OR WIN THE SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID WHERE PROHIBITED BY LAW. This Sweepstakes is sponsored by BUZZMEDIA (“Sponsor”).
ODDS OF WINNING WILL DEPEND ON THE TOTAL NUMBER OF ENTRIES RECEIVED. AFFIDAVIT OF ELIGIBILITY / RELEASE OF LIABILITY / PRIZE ACCEPTANCE AGREEMENT MAY BE REQUIRED. INDIVIDUALS WHO ARE SELECTED AS GRAND PRIZE WINNERS WILL ALSO BE REQUIRED TO SUBMIT TALENT RELEASES AND GRANT OTHER RIGHTS TO THEIR SERVICES AS REQUIRED BY THE SPONSOR. ONLINE ENTRY ONLY AND INTERNET CONNECTION REQUIRED. EACH GRAND PRIZE WINNER MUST BE AVAILABLE TO PARTICIPATE AND TRAVEL IN CONNECTION WITH THE GRAND TRIP PRIZE ON OR ABOUT APRIL 4, 2012 – APRIL 6, 2012 OR GRAND PRIZE WILL BE FORFEITED.
BY ENTERING THE SWEEPSTAKES, YOU AGREE TO THESE “OFFICIAL RULES”, WHICH ARE A CONTRACT, SO READ THEM CAREFULLY BEFORE ENTERING. WITHOUT LIMITATION, THIS CONTRACT INCLUDES INDEMNITIES TO THE SWEEPSTAKES ENTITIES FROM YOU AND A LIMITATION OF YOUR RIGHTS AND REMEDIES.
1. SWEEPSTAKES DESCRIPTION:
The Zip and Dash to Los Angeles Sweepstakes (the “Sweepstakes”) is a random drawing sweepstakes in which participants enter by submitting their full name, e-mail address and date of birth (and potentially additional information) on the Sweepstakes entry page found at Celebuzz.com http:celebuzz.com (the “Site”). The Sweepstakes entry period begins on or about: 6:00:00 PM Pacific Time (“PT”) on 3/14/2012 and ends at 11:59:59 PM PT on 3/25/2012 (“Entry Period”).
2. SWEEPSTAKES ELIGIBILITY:
The Sweepstakes is open only to individuals who are legal residents and physically located in one (1) of the fifty (50) United States or the District of Columbia, who are at least eighteen (18) years of age at time of entry. Individuals who wish to enter who are under the age of majority in their jurisdiction of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) must have their parent/legal guardian’s permission in order to submit an entry in this Sweepstakes. Employees, officers and directors and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) (or those living in the same household of such employees, officers and directors (whether legally related or not)) of the Sponsor, Kia Motors America, Inc. (“KMA”) and each of their respective parents, affiliated companies, dealerships, subsidiaries, sponsors, advertising and promotion partners and agencies, any other prize sponsor, and any entity involved in the development, production, implementation, administration or fulfillment of the Sweepstakes are not eligible to enter the Sweepstakes or win a prize (all of the foregoing, together with the Sponsor and KMA, collectively, referred to as the “Promotion Entities”). Void where prohibited by law. If a dispute as to the identity of an entrant cannot be resolved to the Sponsor’s satisfaction, then such entrant shall be deemed ineligible for the Sweepstakes. In addition, Sponsor reserves the right to interview any potential entrant in its sole discretion to determine if such entrant is capable of completing the prize elements and satisfying all other requirements of Sponsor and any talent participating in such prize elements.
3. HOW TO ENTER:
Limit of one (1) entry per person will be accepted. Subsequent attempts made by the same individual to submit multiple entries by using multiple or false contact information or otherwise may be disqualified. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means are void and may be disqualified. Entries that are in excess of the stated limits, incomplete, illegible, corrupted, damaged, destroyed, forged, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. All materials submitted become the physical property of Sponsor and will not be returned. In the event of a dispute over the identity of an online entrant, entry will be deemed submitted by the registered account holder of the e-mail address associated with the entry for the domain associated with the submitted address provided that person is eligible. Winners may be required to show proof of being the registered account holder. Registered account holder is defined as the person assigned to an e-mail address by an Internet access provider, on-line service provider or other organization responsible for assigning e-mail addresses. The Promotion Entities are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. In the event a dispute regarding the identity of the individual who actually submitted an entry cannot be resolved to Sponsor’s satisfaction, the affected entry will be deemed ineligible. For purposes of this Sweepstakes, an on-line entry is “received” when the Site’s servers record the entry information. Proof of sending (such as an automated computer receipt confirming entry or “thanks for entering” message) does not constitute proof of actual receipt of an entry for purposes of this Sweepstakes. The Site’s database clock will be the official timekeeper for this Sweepstakes. Illegible and/or incomplete entries and entries submitted by entrants who do not meet the eligibility requirements (including all requirements with respect to age and residence) are void. Those who do not follow all of the instructions, provide the required information in their entry form, or abide by these Official Rules or other instructions of Sponsor may be disqualified.
There will be two (2) grand prize winners. Each grand prize consists of: (i) round trip coach air transportation from a major commercial airport near winners’ residence within the United States to and from Los Angeles, California for two (2) (each winner and one (1) guest), (ii) two (2) nights lodging in Los Angeles (standard accommodations/double occupancy), (iii) ground transportation to and from Los Angeles airport to the hotel, (vi) ground transportation to and from hotel to the GeoCache scavenger hunt event, and (v) scheduled meet and greet with GeoCache event talent, to be selected by Sponsor, in its sole and absolute discretion. The total approximate retail value (“ARV”) of all the prizes awarded in this Sweepstakes is: $4,000.00. All travel arrangements must be made through the Sponsor or Sponsor’s designee. Prizes are non-transferable, with no cash redemptions, equivalents or substitutions except at Sponsor’s sole and absolute discretion. Prize is not redeemable or exchangeable for cash and is subject to all terms and conditions of use as established by issuer. Grand prize winners must be available to collect prize around 4/4/2012 – 4/6/2012 in the greater Los Angeles area, or prize will be forfeited in its entirety or awarded to another entrant. Each winner and their guest of a grand prize must travel as and when designated by Sponsor or the trip prize may be forfeited and an alternate randomly selected winner chosen. All aspects of the travel portions of the trip prize must be conducted on such dates as determined by Sponsor in its sole and absolute discretion. All prize details not specified in these Official Rules will be determined in Sponsor’s sole and absolute discretion. Prize details and availability are subject to change and prize provider’s rules and restrictions, and in the event that Sponsor is unable to provide the winner with their prize, the Sponsor may elect, to provide winners with the approximate value of such item in cash or award an alternate prize of comparable or greater value. All prizes are 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). Unclaimed prize(s) will be forfeited. Prize winners will be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prizes they receive, regardless of whether it, in whole or in part, are used. The ARV of the prizes is based on available information provided to Sponsor and the value of any prize awarded to a winner may be reported for tax purposes as required by law. The winners may be required to provide Sponsor with a valid social security number or tax identification number before the prize will be awarded for tax reporting purposes. An IRS Form 1099 may be issued in the name of winner(s), or if a minor in the jurisdiction in which s/he resides, in the name of his/her parent or legal guardian, for the actual value of the prizes received.
ADDITIONAL TERMS REGARDING TRIP PRIZE:
The ARV of the prize will vary depending upon points of departure and destination and seasonal fluctuation of hotel rates and airfares. If the actual value of the prize is less than the stated ARV, the difference will not be awarded. All travel expenses will be determined by Sponsor in its sole discretion after the final winners are selected. All expenses not specifically mentioned are not included and are solely entrant’s responsibility, including, without limitation: alcoholic beverages, fax, food, gratuities and tips, insurance, laundry service, merchandise, parking, room service, service charges, souvenirs, and telephone calls. Travel and lodging are subject to availability, certain restrictions, blackout dates, and Sponsor’s approval. Airline carrier and hotel regulations and conditions apply. If, in the judgment of Sponsor, air travel is not required due to the proximity of a winner’s residence to the event, ground transportation will be substituted for round-trip air travel at Sponsor’s sole discretion. Travel arrangements will be made by Sponsor through Sponsor’s agent, and Sponsor shall determine the airline and flight itinerary, including the airport of origin and the arrival airport, in its sole discretion. Each winner and guest must travel on the same itinerary and possess all required travel documents. It is the responsibility of the prize winner and their companion to provide proper documentation (including government issued picture identification). Sponsor is not responsible for airline cancellations or delays. The dates of departure and return are subject to change at Sponsor’s sole and absolute discretion. The prize may not be redeemed for cash, transferred, or substituted for another prize, except that a prize of equal or greater value may be substituted by Sponsor in its sole discretion. Sponsor will not replace any lost, mutilated, or stolen tickets, travel vouchers, certificates, or other prizes. Prize elements may not be separated. Airline tickets and hotel stay issued in conjunction with the prize are not eligible for frequent flyer miles or hotel miles, and no code share flights may be used. All airline tickets are subject to flight variation, work stoppages, and schedule or route changes. Sponsor reserves the right to structure travel route and select hotels in their sole and absolute discretion. The prize cannot be used in conjunction with any other promotion or offer. Each winner and/or guest must provide the hotel with a valid credit card for incidentals (including mini-bar and pay-per-view television) and/or damages to the hotel room. The Promotion Entities are not be responsible for any cancellations, delays, diversions or substitution or any act or omissions whatsoever by the air carriers, hotels, venue operators, transportation companies, prize providers or any other persons providing any prize-related services or accommodations. The Promotion Entities are not liable for any missed prize events, opportunities or expenses incurred as a consequence of flight cancellation/delay or ground transportation delay. No refund or compensation will be made in the event of the cancellation or delay of any transportation or other prize element except at the sole and absolute discretion of Sponsor. Additional prize award details and travel information to be provided to the prize winner at the time of prize notification. Prize winners and companion are also responsible for obtaining travel insurance (and all other forms of insurance) at their option and hereby acknowledge that Sponsor has not and will not obtain or provide travel insurance or any other form of insurance. Companion of prize winner must be at least the age of majority in their state of residence as of the date of departure. Travel companion must execute liability/publicity releases prior to issuance of travel documents. Once a travel companion is selected, he/she may not be substituted, except in Sponsor's sole and absolute discretion. Lost, stolen or damaged airline tickets, travel vouchers or certificates will not be replaced or exchanged.
By entering this Sweepstakes and accepting the prize, each prize winner or his/her guest agrees to maintain his/her behavior in accordance with all applicable laws and generally accepted social practices in connection with participation in any Sweepstakes- or prize-related activity, including, without limitation, the GeoCache event. Each prize winner understands and agrees that the Promotion Entities and other prize providers have the right, in their sole discretion, to disqualify and remove a grand prize winner or his/her guest from any activity at any time if such winner or his/her guest’s behavior at any point is uncooperative, disruptive, or may or does cause damage to person, property, or the reputation of a Promotion Entity or otherwise violates the policies of the prize providers, and in such a case, each grand prize winner will still be solely responsible for all taxes and other expenses related to the prize. EACH PRIZE WINNER ACKNOWLEDGES THAT HE/SHE IS SOLELY RESPONSIBLE FOR ANY ACTIONS, CLAIMS OR LIABILITIES OF HIS/HER GUEST RELATED TO ANY SWEEPSTAKES-RELATED ACTIVITY, INCLUDING, WITHOUT LIMITATION, ANY ACTIONS, CLAIMS OR LIABILITIES RELATED TO EACH PRIZE WINNER’S OR GUEST’S USE OF THE PRIZE.
The appearance of celebrity talent in connection with prize is subject to his/her availability and is subject to cancellation. If such individual(s) are unable to attend the event associated with the prize, Sponsor will make commercially reasonable efforts to replace such person with another celebrity guest. No compensation will be paid in lieu of a cancelled appearance as this portion of the prize has no cash value.
The odds of winning depend on the total amount of eligible entries received.
6. NOTIFICATION OF WINNERS:
The two (2) potential winners will be selected through a random drawing on or about March 26th, 2012 from all eligible entries received in accordance with these Official Rules and notified by e-mail pursuant to the e-mail address provided by such entrant when they entered the Sweepstakes. Sponsor will have complete discretion over interpretation of the Official Rules, of administration of the Sweepstakes, and of selection of the winners. Decisions of the Sponsor as to the selection of the winners will be final. Each winner will be notified within 72 hours of the end of the sweepstakes. If a winner cannot be reached or Sponsor determines in its sole discretion that a potential winner is not eligible to participate in the prize elements, Sponsor will begin selecting other winner(s). This process will be repeated until all winners are confirmed. The Promotion Entities are not responsible for false, incorrect, changed, incomplete or illegible contact information.
Each potential winner and the potential winner’s travel companion may be required to submit an affidavit of eligibility / release of liability / prize acceptance agreement (collectively, the “Affidavit”) and return the Affidavit within the time period specified at notification before being eligible to receive his or her prize. If any potential prize winner fails or refuses to sign and return such Affidavit within the time period required by Sponsor or if the prize or prize notification is returned as rejected, faulty, unclaimed or returned as undeliverable to such potential prize winner, such potential prize winner may be disqualified and an alternate may be selected. Non-compliance shall result in disqualification and award of the prize to an alternate winner. Parents or legal guardians of any prize winner under the age of majority in their state of residence (which is eighteen (18) in most states but is nineteen (19) in Alabama and Nebraska and twenty-one (21) in Mississippi) may be required to also sign the Affidavit in order for the prize winner to be qualified to receive their prize. If any potential prize winner is found to be ineligible, or if he or she has not complied with these Official Rules, or if the potential prize winner cannot attend or participate in any portion of the prize, or declines a prize for any reason prior to award, such potential winner may be disqualified and an alternate potential winner may be selected. If, for any reason, more bona fide winners come forward seeking to claim prizes in excess of the number of each type of prize set forth in these Official Rules, the winners, or remaining winners, as the case may be, of the advertised number of prizes available may be selected in a random drawing from among all persons making purportedly valid claims for such prizes. Inclusion in such drawing shall be each entrant’s sole and exclusive remedy under such circumstances. The Promotion Entities are not responsible for and shall not be liable for late, lost, damaged, intercepted, misdirected, or unsuccessful efforts to notify the potential winners, or if potential winner is a minor, for late, lost, misdirected, or unsuccessful efforts of potential winner to provide signed parental or guardian consent.
7. SPONSOR’S RIGHT TO DISQUALIFY:
At any time during the Sweepstakes, the Sponsor reserves the right, in its sole discretion, to disqualify and remove any entrant for any reason. The decisions of the Sponsor on this and all matters relating to the Sweepstakes are final and binding.
8. CONDITIONS OF SWEEPSTAKES ENTRY:
As a condition of entry into the Sweepstakes, each entrant (or entrant’s parent/legal guardian, if entrant is a minor in his/her state of legal residence):
(i) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, exhibit, use and/or otherwise edit or modify (as necessary) the entrant’s name, state of residence, image, voice, likeness, statements, biographical material, as well as any other materials relating to the entrant and arising out of his/her participation in this Sweepstakes (with or without using the entrant’s name) (collectively, the “Additional Materials”), without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law;
(ii) without limiting the rights granted to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees if the entrant is a winner, irrevocably grants to the Promotion Entities and their affiliates, legal representatives, assigns, agents and licensees, the worldwide, royalty-free, non-exclusive, sublicensable, perpetual and transferable right and license to reproduce, store, modify (for any purpose, including, but not limited to, internal standards/practices review and editorial control), copy, transmit, publish, post, broadcast, display, publicly perform, adapt, exhibit, create derivative works of, and/or otherwise exploit the Additional Materials (collectively, the “Sweepstakes Entry Materials” for (A) any purpose on or through the Sponsor’s Site and/or sites owned or operated by Sponsor or other Promotion Entities, (B) any advertising, promotional or commercial purposes in any and all media, throughout the world, whether now known or hereafter created, in each instance, without additional review, compensation, or approval from the entrant or any other party, except as prohibited by law (the winners and guests of the Sweepstakes will be required to sign an Affidavit);
(iii) forever waives any rights of privacy, intellectual property rights, and any other legal or moral rights that may preclude the Promotion Entities’ use of the Sweepstakes Entry Materials, or require the entrant’s permission for the Promotion Entities to use them for promotional purposes, and agrees to never sue or assert any claim against the Promotion Entities’ use and exploitation of the same as permitted herein; and
(iv) agrees to indemnify and hold the Promotion Entities and their respective affiliates, officers, directors, agents, co-branders or other partners, and any of their employees (collectively, the “Promotion Indemnitees”), harmless from any and all claims, damages, expenses, costs (including reasonable attorneys’ fees) and liabilities (including settlements), brought or asserted by any third party against any of the Promotion Indemnitees arising out of or in connection with: (A) any Sweepstakes Entry Materials, (B) any breach by the entrant of any warranty, agreement or representation contained in these Official Rules or terms of service or in any documentation submitted or agreed to by the entrant, (C) the entrant’s conduct during and in connection with this Sweepstakes, or (D) the acceptance, use or misuse of any award or prize (including, without limitation, losses, damages or injuries to entrant’s (up to an including death) or any other person’s equipment or other property).
9. GENERAL RULES:
10. LIMITATIONS OF LIABILITY:
The Promotion Entities assume no responsibility for any technical malfunctions that may occur during participation in the Sweepstakes or any Sweepstakes-related activity. The Promotion Entities assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, failures or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, email, players or browsers, whether on account of technical problems, traffic congestion on the Internet or at any website, or on account of any combination of the foregoing (including, without limitation, any such problems which may result in the inability to access the Site(s)). The Promotion Entities are not responsible for any injury or damage to entrants or any other person, or to any computer related to or resulting from participating in the Sweepstakes. If, for any reason, the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of the Promotion Entities which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, the Sponsor reserves the right, at its sole discretion, to cancel, terminate, modify or suspend the Sweepstakes in whole or in part (including, without limitation, any Sweepstakes date or deadline) and select winners from among those eligible entrants from that portion of the Sweepstakes that has not been compromised, if any. Sponsor is not responsible for the actions of entrants in connection with the Sweepstakes, including entrants’ attempts to circumvent the Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Sweepstakes. Entrants further understand and agree that all rights under Section 1542 of the Civil Code of California (“Section 1542”) and any similar law of any state or territory of the United States that may be applicable with respect to the foregoing release are hereby expressly and forever waived. Entrants acknowledge that Section 1542 provides that: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” The releases hereunder are intended to apply to all claims not known or suspected to exist with the intent of waiving the effect of laws requiring the intent to release future unknown claims
IN NO EVENT WILL THE PROMOTION ENTITIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS), ARISING OUT OF OR IN CONNECTION WITH THE SWEEPSTAKES.
11. DISPUTES/GOVERNING LAW:
Except where prohibited, as a condition of participating in the Sweepstakes, each entrant agrees that any and all disputes which cannot be resolved between the parties, claims and causes of action arising out of or connected with this Sweepstakes, or any prize awarded, or the determination of winners shall be resolved individually, without resort to any form of class action. Further, in any such dispute, under no circumstances will any entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental or consequential damages, or any other damages, including attorneys’ fees, other than entrant’s actual out-pocket expenses (e.g., costs associated with entering this Sweepstakes), and each entrant further waives all rights to have damages multiplied or increased. All issues and questions rights and obligations of entrant in connection with the Sweepstakes shall be governed by, and construed in accordance with, the laws of the State of California, U.S.A., without giving effect to the conflict of laws rules thereof and any matters or proceedings as set forth in these Official Rules, shall take place in the State of California, County of Los Angeles. The parties waive rights to trial by jury in any action or proceeding instituted in connection with these Official Rules and/or this Sweepstakes.
13. WINNERS LIST/OFFICIAL RULES REQUESTS:
For a copy of these Official Rules or the winners names, send a separate, stamped, self-addressed envelope to: Zip and Dash to Los Angeles Sweepstakes BUZZMEDIA, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90028. Requests received after June 30, 2012 shall not be honored. Vermont residents may omit return postage with Official Rules requests.
BUZZMEDIA, 6464 W. Sunset Blvd, Suite 650, Hollywood, CA 90028.
© 2012 BUZZMEDIA. All rights reserved.