106 & Park HTC Rezound Giveaway Contest Rules

Published November 28, 2011




1. HOW TO ENTER:  ENTRANTS MUST HAVE EITHER THE “106 & PARK” FREE APP OR TEXT MESSAGING ON THEIR MOBILE DEVICE PRIOR TO ENTERING.  ENTRANTS CAN DOWNLOAD THE “106 & PARK” FREE APP VIA THE APP STORE OR ANDROID MARKET.  This sweepstakes begins at 6:00 p.m. EST November 28, 2011 and ends at 11:59 p.m. EST December 15, 2011 (the “Sweepstakes Period”).  To enter, watch “106 & Park” during the Sweepstakes Period, look for the Code 106 call to action to appear on the screen.  To enter, you may either 1) scan the barcode with your ”106 & Park” app which will direct you to the entry page, then fill-out and submit the entry form; or 2) text HTC to 79922 when you see the Code 106 call to action, and you will be automatically entered.  Entries must be received by 11:59 p.m. EST daily. 

Sponsors (defined in Section 9 below) 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 mobile phone carrier/service provider/Internet/website/use net accessibility or availability, traffic congestion, or unauthorized human intervention.  Sponsors reserve the right to modify, suspend, or terminate the promotion in whole or in part by giving such notice, in any form and manner deemed appropriate by Sponsors.  Should the promotion 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 day regardless of form of entry.

2.  ELIGIBILITY:  This sweepstakes is open only to legal residents of the United States (excluding Puerto Rico, the U.S. Virgin Islands, and other commonwealths, territories and possessions) 18 YEARS OR OLDER as of November 28, 2011.  Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC, HTC Corporation, 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 Sponsors and their respective parent companies, affiliates, subsidiaries, agencies, employees, officers, directors, representatives, and advertising and promotion agencies from any injury, loss, death, damage, action, claim, demand or other liability that may occur from entrant’s participation in this sweepstakes or from the acceptance or use of any prize awarded, or attendance at any event.  Sponsors reserve 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.

3. CONDITIONS OF ENTRY:  An eligible entry must be received as described above.  Incomplete entries are void.  By entering, entrants agree to comply with these Official Rules, including all eligibility requirements.  Your mobile phone number may be used by Sponsors for the purposes of entry tracking and as set forth in BET.com and BET Mobile’s Privacy Policy.  Entry will be deemed to have been submitted by the authorized account holder or user of the mobile phone number or e-mail address from which the entry is made.  Sponsors are not responsible or liable for lost, stolen, mutilated, incomplete, incorrect, delayed, late, interrupted illegible or misdirected entries.  All entries become the property of Sponsors and will not be acknowledged or returned.

4.  PRIZE:  Six (6) Winners will receive a HTC Rezound mobile device selected in Sponsors sole discretion.  Winners must visit their local Verizon store to activate the mobile device.  No other mobile service provider can be used.  One (1) Grand Prize Winner will receive two (2) tickets to BET’s “Rip the Runway” fashion special  scheduled on February 29, 2012 at the Hammerstein Ballroom in New York, NY and one (1) American Express gift card valued at One Thousand Five Hundred Dollars ($1,500.00) (collectively, the “Prize”).  Approximate retail value for all prizes is $3,500.00.  Prize does not include any travel expenses or any other expenses not specified as part of the prize package.  Any federal and state taxes on a prize are the sole responsibility of the winners.  No substitution or transfer of prizes permitted, except at the sole discretion of Sponsors.  If a prize is unavailable, Sponsors reserve the right to substitute a prize of equal or greater value. All prizes will be awarded provided they are properly claimed and are non-assignable and non-transferable. 

5.  DETERMINATION OF WINNERS:  One (1) Winner will be randomly selected every Monday and Thursday throughout the Sweepstakes Period from amongst all eligible entries received.  One (1) Grand Prize Winner will be randomly selected from amongst all the Winners on or about December 16, 2011.   The selection process shall be conducted under the supervision of Sponsors.  Sponsors shall choose the winners in their sole discretion whose decision is final and binding.  Sponsors will notify the potential winners by phone and/or e-mail.


6.  GENERAL CONDITIONS:  The potential winners will be required to sign and return an Affidavit of Liability and Publicity Release and any other required documents within five (5) days of notification.  Failure to return these documents, or if prize notification is returned as undeliverable will result in entry being disqualified, and an alternate potential winner may be selected.  The winners agree to grant to Sponsors and Sponsors’ 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, their submission, name, portrait, picture, voice, likeness and biographical information as news or information and for advertising and promotional purposes without additional consideration; and further without such additional compensation, appear for, or provide biographical information for use in, any presentation or other activity which may include filming/audio/video/electronic or other recordings and/or interviews as may be determined by Sponsors.  Failure to make such appearances or grant such rights may result in disqualification and an alternate winner may be selected; and while not obligated to do so, Sponsors may in their sole discretion, bear such reasonable costs and expenses which Sponsors, in their sole discretion, deem appropriate for the winner to appear for a presentation or other activity.  Further, by accepting the Prize, the winners agree to release and hold harmless Sponsors, and their parent, subsidiaries, licensees, affiliates, subsidiaries, advertising and promotion agencies, and their respective directors, officers, employees, representatives, and agents from any and all liability for any injuries, loss, or damage of any kind 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 SPONSORS, THEIR 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 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 ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.  CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.

Sponsors reserve the right, in their sole discretion, to disqualify any individual they find, in their 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 Sponsors’ 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 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 winners, available after December 29, 2011, mail a self-addressed stamped envelope to: “106 & Park HTC Rezound Giveaway Sweepstakes” to Black Entertainment Television LLC, Attention: Consumer Engagement, 180 N Stetson Court #4350, Chicago, IL 60601.  Washington and Vermont residents may omit return postage when requesting list of prize winners.

9. SPONSORS:  Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C.  20018; and HTC Corporation, 13920 SE Eastgate Way, Suite 400 Bellevue, Washington 98005.