“Brand New Escape Sweepstakes”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN
OPEN TO LEGAL RESIDENTS OF THE 50 UNITED STATES AND THE DISTRICT OF COLUMBIA (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHER COMMONWEALTHS, TERRITORIES AND POSSESSIONS), 18 YEARS OR OLDER.
1. ELIGIBILITY: This sweepstakes is open to legal residents of the 50 United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 18 YEARS OR OLDER as of June 8, 2012. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC (“Sponsor”), Ford Motor Company (“Ford”), and their respective affiliates, subsidiaries, divisions, advertising and promotion agencies (collectively, the “Released Parties”) are not eligible to enter or win. This sweepstakes is subject to all federal, state and local laws and is void where prohibited. By entering this sweepstakes, each entrant agrees to release, indemnify, defend and hold harmless each of the Released Parties from any claims, demands, judgments, legal proceedings, causes of action, lawsuits, costs, expenses (including attorney’s fees and legal costs), fines, penalties, injury, loss, death, damage, action, or other liability that may occur from the sweepstakes (or any element thereof), entrant’s participation in this sweepstakes or from the acceptance, receipt, possession, travel related to, delivery, defect, inability to use, misuse, non-use or use of any prize (or component thereof) awarded, or travel related to, participation or attendance at any sweepstakes-related event. Sponsor reserves the right to verify eligibility qualifications of any winner. U.S. law governs this sweepstakes. By entering, entrants agree to be bound by these Official Rules.
Released Parties assume no responsibility for any computer, technical, telephone, cable, network, satellite, electronic or Internet hardware or software malfunctions, failures, connections, availability, or garbled or jumbled transmissions, or service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend, or terminate the sweepstakes in whole or in part by giving such notice, in any form and manner deemed appropriate by Sponsor. Should the sweepstakes be modified, suspended, or terminated as aforesaid, the Prize (defined in Section 4 below) will nevertheless be awarded from eligible entries previously received and in accordance with these Official Rules. Limit: One (1) entry per person per email address.
4. PRIZE: One (1) Winner will receive a 2013 Ford Escape and One Thousand Dollars ($1,000.00) (collectively, the “Prize”). The Prize will be selected by the Released Parties in their sole discretion and includes sales taxes for the vehicle. Approximate Retail Value $25,000.00 USD, inclusive of sales tax. Actual retail value will depend on Winner’s state of residence. The difference between the Approximate Retail Value and actual retail value will not be awarded. Prize does not include any other expenses not specifically listed herein. Restrictions may apply. Prize package has no cash redemption value. Any federal and state taxes, insurance, licensing, registration, and title fees on the Prize are the sole responsibility of the Winner. The Prize is awarded as-is without warranty except with respect to any applicable manufacturer warranties. No substitution or transfer of Prize is permitted, except at the sole discretion of the Released Parties. If a prize is unavailable, the Released Parties reserve the right to substitute a prize of equal or greater value. The Prize will be awarded provided it is properly claimed.
5. DETERMINATION OF WINNER: One (1) potential Winner will be randomly selected immediately following the Sweepstakes Period on June 30, 2012 from among all eligible entries received by 12:00 p.m. EDT June 30, 2012 and announced “live” during the “106 & Park” Red Carpet Pre-Show on July 1, 2012. The selection process shall be conducted under the supervision of Sponsor. Sponsor shall choose the potential Winner in its sole discretion. Sponsor will notify the potential Winner by phone and/or e-mail after the on-air announcement.
6. GENERAL CONDITIONS: The potential Winner will be required to sign and return an Affidavit of Eligibility, Liability and Publicity Release, and any other documents sent by Sponsor within seven (7) days of notification. Failure to return the documents as specified, or if prize notification is returned as undeliverable will result in the entry being disqualified, and an alternate potential winner will be selected. Where permitted by law, the Winner agrees to grant to the Released Parties and their licensees, affiliates and assigns, the right to print, publish, broadcast and use, worldwide, in any media now known or hereafter developed, including but not limited to the world wide web, at any time or times, the Winner’s name, picture, voice, likeness and biographical information as news or information and for advertising and sweepstakes purposes solely in connection with this sweepstakes and for no other reason without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity related to the sweepstakes, which use may include filming/audio/video/electronic or other recordings and/or interviews related to the sweepstakes as may be determined by the Released Parties. Failure to make such appearances or grant such rights may result in disqualification and an alternate potential winner may be selected. While not obligated to do so, Sponsor may in its sole discretion, bear such reasonable costs and expenses which Sponsor, in its sole discretion, deems appropriate for the Winner to appear for a presentation or other activity. Further, by accepting the Prize, the Winner agrees to release, defend, indemnify and hold harmless each of the Released Parties, from any and all claims, demands, judgments, liability, legal proceedings, causes of action, lawsuits, costs, expenses (including attorney’s fees and legal costs), fines, penalties, injury, loss, death, damage, action, or other liability, arising in whole or in part, directly or indirectly, from acceptance, receipt, possession, travel related to, delivery defect, inability to use, misuse, non-use or use of any prize (or component thereof) awarded, the sweepstakes (or any element thereof), or travel related to, participation or attendance at any sweepstakes-related event. Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL THE RELEASED PARTIES BE RESPONSIBLE OR LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO USE OF INTERNET SITE www.BET.COM OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO 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. ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right, in its sole discretion, to disqualify any individual it finds, in its sole discretion, to be tampering with the entry process or the operation of the sweepstakes or website; to be in violation of the Terms of Service of the Sponsor’s web site, to be acting in violation of the Official Rules; or to be acting in a non-sportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person. Any use of robotic, automatic, macro, programmed, or like entry methods will void all such entries by such methods. In the event of a dispute as to entries submitted by multiple users having the same e-mail account, the authorized subscriber of the e-mail account used to enter the sweepstakes at the actual time of the entry will be deemed to be the participant and must comply with these rules. Authorized account subscriber is deemed to be the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization, which is responsible for assigning email addresses or the domain associated with the submitted e-mail address.
7. DISPUTES: As a condition of participating in this sweepstakes, entrant agrees that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or connected with this sweepstakes, shall be resolved individually, without resort to any form of class action, exclusively, before a court located in the State of New York having competent jurisdiction, which Court shall apply the laws of the State of New York without regard for doctrines of Conflict of Law. Further, in any such dispute, under no circumstances will entrant be permitted to obtain awards for, and hereby waives all rights to claim punitive, incidental, or consequential damages, or any other damages, including attorney’s fees, other than entrant’s actual out-of-pocket expenses (i.e., costs associated with entering this sweepstakes), and entrant further waives all rights to have damages multiplied or increased.
8. WINNER’S LIST: For the name of the winner, available after July 16, 2012, mail a self-addressed stamped envelope to: “Brand New Escape Sweepstakes” to Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018. Washington and Vermont residents may omit return postage when requesting list of prize winners.
9. SPONSOR: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018
10. CO-PRIZE PROVIDER: Ford Motor Company, One American Road, Dearborn, MI 48126