2016 Choose Your Nissan BET Awards Sweepstakes
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN. A PURCHASE DOES NOT IMPROVE YOUR CHANCES OF WINNING.
OPEN ONLY 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) WHO ARE 21 YEARS OR OLDER AND HAVE A VALID U.S. DRIVER’S LICENSE. THIS SWEEPSTAKES IS GOVERNED EXCLUSIVELY BY THE LAWS OF THE UNITED STATES.
1. ELIGIBILITY: The 2016 Choose Your Nissan BET Awards Sweepstakes (the “Sweepstakes”) is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) who are 21 years of age or older as of May 3, 2016 and have a valid U.S. driver’s license. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC (“BET”), Nissan North America, Inc. (“Nissan”) (collectively, “Sponsors"), HelloWorld, Inc., and their respective parents, affiliates, subsidiaries, divisions, and advertising and promotion agencies involved in this Sweepstakes are not eligible. By entering this Sweepstakes, each entrant agrees to release and hold harmless Sponsors, HelloWorld, Inc., and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, promotional partners, and prize suppliers, and each of their respective employees, officers, directors, representatives (collectively, the “Released Parties”) from any injury, loss, death, property damage, action, claim, demand or other liability that may occur from entrant’s participation in this Sweepstakes or from the travel or activity related thereto, or from possession, acceptance, use or misuse of any prize awarded, or attendance at any event or participation in any Sweepstakes-related activity and for any claims based on merchandise delivery, publicity rights, defamation, misappropriation, false association, invasion of privacy, copyright infringement, trademark infringement or any other intellectual property-related cause of action and/or breach of contract. The Released Parties reserve the right to verify eligibility qualifications of any winner. This Sweepstakes is subject to all applicable federal, state, and local laws and regulations and is void where prohibited.
2. AGREEMENT TO OFFICIAL RULES: By entering, entrants agree to be bound by these Official Rules. You cannot participate in the Sweepstakes if you do not agree to the Official Rules. Released Parties are not responsible if the Sweepstakes cannot take place or if the Prize (defined below) cannot be awarded due to travel cancellations, delays or interruptions due to acts of God, acts of war, natural disasters, weather, acts of terrorism or any other causes outside of the Released Parties reasonable control.
3. TIMING: The Sweepstakes begins on May 3, 2016 at 3:00:00 p.m. Eastern Time ("ET"), and ends on May 31, 2016 at 6:00:00 p.m. ET (the "Sweepstakes Period"). The time posted on the Sweepstakes Page as the time the Submission was submitted to the site will be deemed the time of Submission.
4. HOW TO ENTER: To submit an entry (the “Submission”), log on to www.bet.com/nissan (“Sweepstakes Page”), fill-out and submit the entry form.
In the event of a dispute as to any Submission, the authorized account holder of the e-mail account used to participate will be deemed to be the entrant and must comply with these Official Rules. Each entrant may be required to show proof of being an authorized account holder.
5. PRIZE: One (1) winner (“Winner”) will receive a Nissan vehicle and a 4 day/3 night trip for two (2) to the “BET Awards” scheduled on June 26, 2016 at the Microsoft Theater in Los Angeles, California. The prize package includes (i) one (1) Nissan vehicle, inclusive of sales tax, to be selected by Winner from among pre-selected options selected in Nissan’s sole discretion; (ii) roundtrip coach class air transportation for two (2) from a major gateway airport closest to the Winner’s residence (determined by BET in its sole discretion) to Los Angeles, CA; (iii) roundtrip ground transportation in Los Angeles to and from the airport and hotel; (iv) standard hotel accommodations for three (3) nights at a hotel determined in BET’s sole discretion (one (1) double occupancy room, room and tax only); and (v) two (2) tickets to the “BET Awards,” with seat locations to be determined by Sponsors in their sole discretion (collectively, the “Prize”). Approximate Retail Value $55,000.00. Actual retail value depends on vehicle selected, flight price fluctuations, and date of travel. Winner will not receive the difference between actual and approximate retail value. Prize package has no cash redemption value and must be taken during the period June 24-27, 2016. Winner must travel on the specified dates, or he or she forfeits the Prize. Prize does not include any meals, incidentals, gratuities, or any other expenses not specifically listed herein. Travel guest must be twenty-one (21) years of age or older as of the date of departure and must travel on same itinerary as the Winner. Travel restrictions, conditions and limitations may apply. If in the judgment of BET, air travel is not required due to Winner’s proximity to prize location, ground transportation will be substituted for round trip air travel at BET’s sole discretion. The Released Parties will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates. The Released Parties are not responsible if the 2016 “BET Awards” is delayed, postponed or cancelled for any reason, in which event that portion of prize is forfeited in its entirety and no substitution will be provided except as in the Released Parties’ sole discretion. The Winner will be solely responsible for all federal and state tax obligations related to receipt of the Prize and will be required to provide his or her social security number for tax purposes. A Form 1099-MISC with the actual fair market value of the Prize will be issued by HelloWorld (as to the vehicle portion of Prize) and by BET (as to all non-vehicle portions of the Prize) to the Winner at the end of the year as required by law. No substitution or transfer of prizes permitted, except at the sole discretion of Sponsors. If the Prize is unavailable, Sponsors reserve the right to substitute a prize of equal or greater value. Prize will be awarded provided it is properly claimed and is non-assignable and non-transferable. Vehicle pictured in any advertising surrounding the Sweepstakes may not be the actual vehicle awarded.
Vehicle Restrictions: Winner will select one Nissan vehicle from three options at the BET Awards. HelloWorld, Inc. will be responsible for fulfillment of the chosen vehicle using a dealer local to the Winner. Winner is solely responsible for delivery, registration, title and license fees, insurance and all other costs, expenses, and applicable laws associated with vehicle registration and all associated laws herewith. Winner is solely responsible for all travel transportation costs for collecting prize, as well as any dealer prep, emissions inspection, gasoline, vehicle maintenance, and any other costs incurred in claiming, registering, or using the Prize without limitation, any costs incurred in bringing the vehicle from the delivery site to the Winner’s home. Winner must have a valid U.S. driver's license, the ability to acquire auto insurance and meet eligibility requirements of these Official Rules. Vehicle will only be released upon proof of valid U,S. driver’s license currently in force and satisfactory proof of then-current automobile insurance.
6. DETERMINATION OF WINNER: BET will randomly select one (1) potential Winner from among all eligible entries received on or about June 1, 2016. The selection process shall be conducted under the supervision of BET. BET shall choose the Winner in its sole discretion and its decision shall be final and binding. BET will notify the potential Winner by electronic message or telephone on or about June 2, 2016.
7. WINNER REQUIREMENTS: The potential Winner and his or her travel guest will be required to sign and return an Affidavit of Eligibility, Liability Waiver and Publicity Release, W-9 form, and any other documents sent by the Released Parties within five (5) days of receipt. If the potential Winner cannot be contacted, fails to execute and return the Affidavit of Eligibility, Liability Waiver, Publicity Release, or other required documents within the required time period, cannot be contacted, rejects their prize, is unable to travel during the specified timeframe, or does not comply with these Official Rules, the potential Winner forfeits the Prize. If the potential Winner is disqualified for any reason, the Prize may be awarded to an alternate potential winner, if any, in Sponsors’ sole discretion.
9. PUBLICITY: Acceptance of any prize shall constitute and signify Winner’s and travel guest’s agreement and consent that the Released Parties and their respective designees may use the Winner’s and travel guest’s name, city, state, likeness, photo, voice, biographical information, statements, Submission and/or prize information in connection with the Sweepstakes for promotional, advertising or other purposes, worldwide, in perpetuity, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
The Winner understands that the Released Parties and/or their respective agents will video and photograph and otherwise record aspects of the Winner’s redemption of the Prize (“Prize Footage”). Winner agrees that BET shall own the Prize Footage and that the Released Parties, and their respective designees, assigns and licensees shall have the right to edit, exploit, adapt, distribute, post, create derivative works of, and otherwise use the Prize Footage, in whole or in part, and in combination with other materials, in any manner, for any advertising, promotional, trade, commercial or other purposes in any and all media, now or hereafter devised, worldwide in perpetuity, without further payment or consideration, notification or permission.
10. LIMITATION OF LIABILITY: Released Parties are not responsible for: (1) any incorrect or inaccurate information, whether caused by entrant, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (2) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (3) unauthorized human intervention in any part of the Submission process or the Sweepstakes; (4) printing, typographical, technical, computer, network or human error which may occur in the administration of the Sweepstakes, the uploading, the processing of Submissions, the announcement of the prizes or in any Sweepstakes-related materials; (5) late, lost, undeliverable, damaged or stolen mail; or (6) any injury or damage, including personal injury or property 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 or use or misuse of any prize (including any Nissan vehicles awarded, travel/activity related thereto). Released Parties are not responsible for misdirected or undeliverable Submissions or for any technical problems, malfunctions of computer systems, servers, providers, hardware/software, lost or unavailable network connections or failed, incomplete, garbled or delayed computer transmission or any combination thereof. Released Parties are not responsible for any unauthorized third party use of any Submission. Sponsors reserve 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 Sponsors. 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 AND USE OF THE SERVICE, PRIZES (INCLUDING ANY NISSAN VEHICLES AWARDED) AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. WITHOUT LIMITING THE FOREGOING, THIS SWEEPSTAKES AND ALL PRIZES ARE 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 OR EXCLUSION OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
11. DISPUTES: The parties waive all rights to trial in any action or proceeding instituted in connection with these Official Rules, including, without limitation, the Sweepstakes. Except where prohibited, entrant agrees that: (1) 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 before a federal or state court located in the State of New York having competent jurisdiction; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Sweepstakes, but in no event attorneys’ fees; and (3) 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. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsors in connection with the Sweepstakes, 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 (whether of the State of New York or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of New York.
13. WINNER’S LIST: For the name of the Winner, available after June 16, 2016, mail a self-addressed stamped envelope to: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018, Attn: “2016 Choose Your Nissan BET Awards Sweepstakes”. Washington and Vermont residents may omit return postage when requesting list of prize winners.
14. SPONSORS: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018; and Nissan North America, Inc., 1 Nissan Way, Franklin, TN 37067.
© 2016 Black Entertainment Television LLC and Nissan North America, Inc. All rights reserved.
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