Fourth of November Presents: Here In Times Square Sweepstakes Official Rules
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) WHO ARE 21 YEARS OR OLDER.
1. ELIGIBILITY: The “Fourth of November Presents: Here In Times Square 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 November 3, 2016. Employees, and their immediate families (spouses, parents, children, siblings, and their respective spouses), including household members of Black Entertainment Television LLC (“BET”), Fourth of November LLC (collectively, “Sponsors"), Twitter®, 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, and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, promotional partners, and prize suppliers, and each of their respective parent companies, affiliates, subsidiaries, agencies, employees, officers, directors, representatives, advertising and promotion agencies and prize suppliers (collectively, the “Released Parties”) 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 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 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. 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 November 3, 2016 at 9:00 p.m. Eastern Time ("ET"), and ends on November 3, 3016 at 10:30 p.m. ET (the "Sweepstakes Period"). The time posted on Twitter® as the time the entry was submitted to the site will be deemed the time of entry/submission.
4. HOW TO ENTER: To submit an entry (the “Submission”), follow @BET and @FourthNovember, watch the “Alicia Here In Times Square” special, look out for Jay Z’s performance, then during his performance, tweet using the hashtags #HereInTimesSquareSweepstakes and #FourthofNovember.
Entry must adhere to all the following guidelines in order to be eligible:
Must follow both @BET and @FourthNovember; and
Must include both hashtags #HereInTimesSquareSweepstakes and #FourthofNovember.
ENTRANTS MUST HAVE AN ACTIVE PUBLIC TWITTER® ACCOUNT PRIOR TO ENTERING AND SHALL NOT REGISTER FOR A TWITTER® ACCOUNT FOR THE SOLE PURPOSE OF PARTICIPATING IN THIS SWEEPSTAKES.
LIMIT: One (1) entry per person.
Log on to www.bet.com/hereintimessquaresweeps to view the Official Rules.
In the event of a dispute as to any Submission, the authorized account holder of the Twitter® 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) prize is available to be awarded in this Sweepstakes. The prize winner will receive a “Fourth of November” prize pack consisting of (i) four (4) pairs of jeans; (ii) one (1) hat; (iii) one (1) shirt; and (iv) two (2) T-shirts. Actual Retail Value (“ARV”) $700.00. Prize has no cash redemption value. The prize does not include any other expenses not specifically listed herein. Winner will be responsible for all federal and state tax obligations related to receipt of the prize and will be required to provide his/her social security number for tax purposes. A Form 1099-MISC with the actual fair market value of the prize will be issued to the winner at the end of the year by the Internal Revenue Service and, if applicable, the appropriate state taxing authority, 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.
6. DETERMINATION OF WINNER: On or about November 3, 2016, BET will randomly select one (1) potential winner from among all eligible entries received during the Sweepstakes Period. The odds of winning a prize are based on the number of eligible entries received. 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 immediately following selection on or about November 3, 2016 by Twitter direct messaging. Potential winner must respond within twenty- four (24) hours of being notified or his/her prize will be forfeited and an alternate potential winner will be selected from among all eligible entries received. Winner may be announced via social media platform(s) as determined in BET’s sole discretion.
7. WINNER REQUIREMENTS: The potential winner will be required to sign and return an Affidavit of 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 Liability and Publicity Release within the required time period, 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 agreement and consent that the Released Parties and their respective designees may use the winner’s name, city, state, likeness, photo, 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.
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 or judging 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 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 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 AND/OR THE SWEEPSTAKES, DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM ANY WEBSITES ASSOCIATED WITH THE SWEEPSTAKES. 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: 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 November 11, 2016, mail a self- addressed stamped envelope to: Black Entertainment Television LLC, One BET Plaza, 1235 “W” Street, NE, Washington, D.C. 20018, Attn: “Fourth of November Presents: Here In Times Square 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 Fourth of November LLC, 2125 Center Avenue, Suite 514, Fort Lee, NJ 07024.
Sweepstakes is in no way sponsored, endorsed or administered by or associated with Twitter®. © 2016 Black Entertainment Television LLC. All rights reserved.