“Hit The Racks Pack Sweepstakes”
NO PURCHASE OR PAYMENT NECESSARY TO ENTER OR WIN.
OPEN TO LEGALRESIDENTS OF THE UNITED STATES (EXCLUDING PUERTO RICO, THE U.S. VIRGIN ISLANDS, AND OTHERCOMMONWEALTHS, TERRITORIES AND POSSESSIONS), 13 YEARS OR OLDER.
1. HOW TO ENTER: MINORSMUST GET THEIR PARENT/LEGAL GUARDIAN’S PERMISSION BEFORE ENTERING. ENTRANTS MUST HAVE THE “106 & PARK” FREEAPP ON THEIR MOBILE DEVICE PRIOR TO ENTERING. ENTRANTS CAN DOWNLOAD THE “106 & PARK” FREE APP VIA ITUNES. Thissweepstakes begins at 6PM EDT April 5, 2011 and ends at 11:59PM EDT April 26,2011 (the “Sweepstakes Period”). Toenter, watch “106 & Park” during the Sweepstakes Period, look for the Code106barcode to appear on the screen, and scan the barcode with your ”106 & Park” app which willdirect you to the entry page, then fill-out and submit the entry form. Entries must be received by 11:59PM EDT everyTuesday during the Sweepstakes Period. Sponsor(defined in Section 9 below) assumes no responsibility for any computer,technical, telephone, cable, network, satellite, electronic or Internethardware or software malfunctions, failures, connections, availability, orgarbled or jumbled transmissions, or mobile phone carrier/serviceprovider/Internet/website/use net accessibility or availability, trafficcongestion, or unauthorized human intervention. Sponsor reserves the right to modify, suspend,or terminate the promotion in whole or in part by giving such notice, in anyform and manner deemed appropriate by Sponsor. Should the promotion be modified, suspended, or terminated as aforesaid,the Prize (defined in Section 4 below) will nevertheless be awarded fromeligible entries previously received and in accordance with these OfficialRules. Limit: One (1) entry per personper day.
2. ELIGIBILITY: This sweepstakes isopen only to legal residents of the United States (excluding Puerto Rico, theU.S. Virgin Islands, and other commonwealths, territories and possessions) 18YEARS OR OLDER as of April 5, 2011. Employees,and their immediate families (spouses, parents, children, siblings, and theirrespective spouses), including household members of Black EntertainmentTelevision LLC and their respective affiliates, subsidiaries, divisions,advertising and promotion agencies are not eligible to enter. This sweepstakes is subject to all federal,state and local laws. By entering this sweepstakes,each entrant agrees to release and hold harmless Sponsor and its respectiveparent companies, affiliates, subsidiaries, agencies, employees, officers,directors, representatives, and advertising and promotion agencies from anyinjury, loss, death, damage, action, claim, demand or other liability that mayoccur from entrant’s participation in this sweepstakes or from the acceptanceor use of any prize awarded, or attendance at any event. Sponsor reserves the right to verifyeligibility qualifications of any winner. U.S. law governs this sweepstakes. Byentering, entrants agree to be bound by these Official Rules.
4. PRIZE: One (1) Winner per week duringthe Sweepstakes Period (the “Weekly Winner”) will receive a Hit the Racks packconsisting of various prizes (the “Prize”). Actual retail value $100.00 each. Prize does not include any other expenses not specifically listedherein. Any federal and state taxes on aPrize are the sole responsibility of the Weekly Winner. Prize package has no cash redemptionvalue. No substitution or transfer ofprizes permitted, except at the sole discretion of Sponsor. If a prize is unavailable, Sponsor reservesthe right to substitute a prize of equal or greater value. All prizes will beawarded provided they are properly claimed and are non-assignable and non-transferable.
5. DETERMINATION OF WINNER: One (1) Weekly Winner will be randomly selectedprior to the live taping of “106 & Park” every Wednesday and announced duringthe live taping of “106 & Park” every Wednesday from amongst all eligibleentries received by 11:59PM EDT every Tuesday during the Sweepstakes Period. The selection process shall be conducted underthe supervision of Sponsor. Sponsorshall choose the Weekly Winners in its sole discretion whose decision is finaland binding. Sponsor will notify thepotential Weekly Winners by phone and/or e-mail.
6. GENERALCONDITIONS: The potential Weekly Winnerswill be required to sign and return an Affidavit of Liability and PublicityRelease and any other required documents within five (5) days ofnotification. Failure to return these documents,or if prize notification is returned as undeliverable will result in entrybeing disqualified, and an alternate potential weekly winner may beselected. The Weekly Winners agree togrant to Sponsor and Sponsor’s licensees, affiliates and assigns, the right toprint, publish, broadcast and use, worldwide, in any media now known orhereafter developed, including but not limited to the world wide web, at anytime or times, their submission, name, portrait, picture, voice, likeness and biographicalinformation as news or information and for advertising and promotional purposeswithout additional consideration; and further without such additionalcompensation, appear for, or provide biographical information for use in, anypresentation or other activity which may include filming/audio/video/electronicor other recordings and/or interviews as may be determined by Sponsor. Failure to make such appearances or grantsuch rights may result in disqualification and an alternate winner may be selected;and while not obligated to do so, Sponsor may in its sole discretion, bear suchreasonable costs and expenses which Sponsor, in its sole discretion, deemappropriate for the Weekly Winners to appear for a presentation or otheractivity. Further, by accepting the prize,the Weekly Winners agree to release and hold harmless Sponsor, its parent,subsidiaries, licensees, affiliates, subsidiaries, advertising and promotionagencies, and their respective directors, officers, employees, representatives,and agents from any and all liability for any injuries, loss, or damage of anykind to person, including death, and property arising whole or in part,directly or indirectly, from acceptance, possession, use or misuse of a prize,participation in any sweepstakes related activity, or participation in this sweepstakes.Odds of winning depend on the number of eligible entries received. IN NO EVENT WILL SPONSOR, ITS PARENT,SUBSIDIARY, LICENSEES, AND OR AFFILIATES AND RELATED COMPANIES, THEIR SPONSOR,ADVERTISING OR PROMOTION AGENCIES OR THEIR RESPECTIVE OFFICERS, DIRECTORS,EMPLOYEES, REPRESENTATIVES, AND AGENTS, BE RESPONSIBLE OR LIABLE FOR ANY COMPUTER,TECHNICAL, TELEPHONE, CABLE, NETWORK, SATELLITE, ELECTRONIC OR INTERNETHARDWARE OR SOFTWARE MALFUNCTIONS, FAILURES, CONNECTIONS, AVAILABILITY, ORGARBLED OR JUMBLED TRANSMISSIONS, OR MOBILE PHONE CARRIER/SERVICEPROVIDER/INTERNET/WEBSITE/USE NET ACCESSIBILITY OR AVAILABILITY, TRAFFICCONGESTION, OR UNAUTHORIZED HUMAN INTERVENTION, DAMAGES OR LOSSES OF ANY KIND,INCLUDING DIRECT, INDIRECT INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGESARISING OUT OF YOUR ACCESS TO USE OF INTERNET SITE www.BET.COM OR THEDOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ONTHIS SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, ORIMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OFMERCHANTABILITY, FITNESS, FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, SOMEJURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FORINCIDENTAL OR CONSEQUENTIAL ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TOYOU. CHECK YOUR LOCAL LAWS FOR ANYRESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right, at its sole discretion,to disqualify any individual they find, in its sole discretion, to be tamperingwith the entry process or the operation of the sweepstakes or website; to be inviolation of the Terms of Service of the Sponsor’s web site, to be acting inviolation of the Official Rules; or to be acting in a non-sportsmanlike ordisruptive manner, or with intent to annoy, abuse, threaten or harass any otherperson. Any use of robotic, automatic,macro, programmed, or like entry methods will void all such entries by suchmethods. In the event of a dispute as toentries submitted by multiple users having the same e-mail account, theauthorized subscriber of the e-mail account used to enter the sweepstakes atthe actual time of the entry will be deemed to be the participant and mustcomply with these rules. Authorizedaccount subscriber is deemed to be the natural person who is assigned an e-mailaddress by an Internet access provider, online service provider or otherorganization, which is responsible for assigning email addresses email,addresses or the domain associated with the submitted e-mail address.
7. DISPUTES: As a condition ofparticipating in this sweepstakes, entrant agrees that any and all disputeswhich cannot be resolved between the parties, and causes of action arising outof or connected with this sweepstakes, shall be resolved individually, withoutresort to any form of class action, exclusively, before a court located in theState of New York having competent jurisdiction, which Court shall apply thelaws of the State of New York without regard for doctrines of Conflict ofLaw. Further, in any such dispute, underno circumstances will entrant be permitted to obtain awards for, and herebywaives all rights to claim punitive, incidental, or consequential damages, orany other damages, including attorney’s fees, other than entrant’s actualout-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 winners,available after April 27, 2011, mail a self-addressed stamped envelope to: “Hitthe Racks Pack Sweepstakes” to Black Entertainment Television LLC, One BETPlaza, 1235 “W” Street, NE, Washington, D.C. 20018. Washington and Vermont residents may omitreturn postage when requesting list of prize winners.
9. SPONSOR: BlackEntertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018.