NAME THE CHARACTERS SWEEPSTAKES
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT WILL NOT INCREASE YOUR CHANCES OF WINNING. Void where prohibited by law and outside the fifty (50) United States and the District of Columbia. Subject to all federal, state and local laws, regulations, and ordinances.
1. Eligibility: The “Name the Characters Sweepstakes” (the “Promotion”) is open only to legal U.S. residents currently residing in the fifty (50) United States and the District of Columbia who are at least eighteen (18) years old as of the date of entry. If a person is at least eighteen (18) years old and is deemed a minor in his/her state/jurisdiction of primary residence, that person must have his/her parent’s/legal guardian’s permission to enter this Promotion. Employees, officers, and directors of Black Entertainment Television LLC (“Sponsor”), BET Streaming LLC, and their parent(s), affiliates, subsidiaries, representatives, consultants, contractors, legal counsel, and advertising, public relations, promotional, fulfillment, and marketing agencies, and members of their immediate families (spouses, parents, siblings and children, regardless of where they live) and those living in the same household (whether related or not) are not eligible to enter or win. Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Winning a prize is contingent upon fulfilling all requirements set forth herein. Sponsor reserves the right to verify the eligibility of winner.
2. Sponsor: Black Entertainment Television LLC, 1515 Broadway, New York, NY 10036. This Promotion is in no way sponsored, endorsed or administered by YouTube.
3. Promotion Period: Eligible persons may enter during the period starting on January 17, 2020 at 7:00:00 PM Eastern Daylight Time (“EDT”) and ending on January 24, 2020 at 5:59:59 PM EDT. Sponsor’s computer is the official time keeping device for this Promotion (the “Promotion Period”).
4. How to Enter: During the Promotion Period, visit the unWinewithTashaK channel on YouTube and view the Promotion video that features Tasha K asking a question and inviting eligible viewers to post a comment with their respective answers to the question to enter the Promotion; then post a comment to that video with your answer to the question. Your answer does not have to be correct to receive an entry into the Promotion.
All entries must adhere to the following guidelines in order to be eligible:
· Must be the entrant’s completely original work (modification of another party’s original work is not an original work), must not copy or otherwise plagiarize from any source, and must not use pre-existing music/samples and lyrics not owned by entrant.
· Must not contain material that is (or promote activities which are), as determined by Sponsor in its sole discretion, hateful, slanderous, libelous, tortious, sexually explicit, obscene, pornographic, inappropriate, violent, the sales of weapons, cruelty, abuse, etc.), discriminatory (based on race, sex, religion, natural origin, physical disability, sexual orientation or age), illegal (e.g., underage drinking, substance abuse, computer hacking, etc.), offensive, threatening, profane, or harassing; or contain material that is threatening to any person, place, business, group or world peace; or contain words or symbols that are widely considered offensive to individuals of a certain race, ethnicity, religion, sexual orientation or socioeconomic group; or contain images, words or text portraying nudity, acts of violence, or acts that are or appear to be unlawful or dangerous or in violation of, or contrary to the laws or regulations in any jurisdiction where the entry is created;
· Must not contain material that violates or infringes another’s rights, including but not limited to privacy, publicity, or intellectual property rights, including but not limited to copyrights. Without limiting the foregoing, the entry must not mention or otherwise include any third party trademarks (other than those of Sponsor); and
· MUST NOT include any reference to third parties, including but not limited to minors, celebrities and friends, who have not expressly authorized the entrant to do so. Entrant must be prepared to provide signed authorizations by such third parties upon request.
Limit: one (1) entry per social media platform per person throughout the Promotion Period.
By entering, each entrant acknowledges and agrees that his/her entry must comply with these Official Rules and YouTube’s terms, conditions and policies – including, but not limited to, YouTube’s Community Guidelines, available at https://www.youtube.com/about/policies/#community-guidelines – and that Sponsor, in its sole discretion, may reject any entrant’s entry and disqualify him/her if Sponsor believes that such entry fails to adhere to the terms and conditions herein, including but not limited to the above guidelines. Sponsor reserves the right in its sole and unfettered discretion to disqualify any entry that does not comply with these Official Rules or is not consistent with the spirit or theme of the Promotion.
Use of script, macro or any automated system to enter or with the intent to impair the integrity of the Promotion is prohibited and all such entries will be void. Sponsor reserves the right, in its sole and unfettered discretion, to nullify all ratings submitted via such means and to disqualify responsible participants from submitting ratings and from further participation in the Promotion. Proof of submission of entry will not be deemed proof of receipt by Sponsor. In the event of a dispute as to the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider, Internet service provider, or other organization (which may include an employer) responsible for assigning email addresses for the domain associated with the submitted address. Multiple entrants are not permitted to share the same email address. Potential winner may be required to show proof of being the authorized account holder. Normal Internet, phone and usage charges imposed by your online or phone service may apply. Incomplete, illegible, corrupted, or untimely entries are void and will be disqualified. Sponsor is not responsible for misdirected, unintelligible, incomplete, lost, late entries, technical, hardware or software failures of any kind, lost or unavailable network connections, or failed, incomplete, garbled or delayed computer transmissions or other errors or problems of any kind, which may limit a person’s ability to participate in the Promotion. Entry must be submitted by the entrant. Automated or bulk entries or entries submitted by third parties will be disqualified. Any attempt by any participant to obtain more than the stated number of entries by using multiple and/or different identities, accounts, logins, or any other methods will void that participant’s entries, and that participant may be disqualified from the Promotion and may no longer be allowed to enter Sponsor’s sweepstakes, contests or other promotions in the future, to be determined in Sponsor’s sole discretion. All entries become the property of Sponsor and will not be acknowledged or returned.
5. Selection and Verification of Winner: On or about January 18, 2020, Sponsor will select five (5) potential winners through a random drawing from among all eligible entries received. The odds of winning a prize are based on the number of eligible entries received. POTENTIAL WINNER MUST RESPOND TO THE WINNER NOTIFICATION WITHIN SEVENTY-TWO (72) HOURS OF BEING SENT; IF SPONSOR DOES NOT RECEIVE A RESPONSE FROM A POTENTIAL WINNER WITHIN THAT TIME (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), THAT POTENTIAL WINNER WILL BE DISQUALIFIED AND, IN HIS/HER PLACE, AN ALTERNATE POTENTIAL WINNER WILL BE RANDOMLY SELECTED FROM AMONG ALL REMAINING ELIGIBLE ENTRIES. EXCEPT WHERE LEGALLY PROHIBITED, EACH POTENTIAL WINNER (OR THE POTENTIAL WINNER’S PARENT/LEGAL GUARDIAN, IF THE POTENTIAL WINNER IS DEEMED A MINOR IN HIS/HER STATE/JURISDICTION OF PRIMARY RESIDENCE) MAY BE REQUIRED TO SIGN AND RETURN, WITHIN SEVENTY-TWO (72) HOURS OF BEING NOTIFIED (AS DETERMINED BY SPONSOR IN ITS SOLE DISCRETION), AN AFFIDAVIT OF ELIGIBILITY AND RELEASE (THE “AFFIDAVIT”) IN ORDER TO CLAIM HIS/HER PRIZE. If (i) a potential winner cannot be contacted after the first attempt to contact him/her, (ii) a potential winner fails to sign and return the Affidavit within the required time period (if applicable), or (iii) a potential winner is disqualified for any reason, Sponsor will randomly select an alternate potential winner in his/her place. Up to two (2) alternate potential winners will be selected for each prize, after which the prize will remain un-awarded.
Verification of Potential Winner: All potential WINNERS are subject to verification by Sponsor, whose decisions are final AND BINDING IN ALL MATTERS RELATED TO THE PROMOTION. An entrant is not a winner of any prize unless and until entrant’s eligibility HAS been verified and entrant has been notified that verification is complete.
Screening of Potential Winner: SPONSOR RESERVES THE RIGHT TO SCREEN ALL POTENTIAL WINNERS AND TO DISQUALIFY ANY POTENTIAL WINNER IF SPONSOR DETERMINES, IN ITS SOLE DISCRETION, THAT SUCH POTENTIAL WINNER MAY ADVERSELY AFFECT THE REPUTATION, IMAGE, AND/OR CUSTOMER GOODWILL OF ANY OF THE RELEASED PARTIES (AS DEFINED BELOW) OR ANY OF THEIR RESPECTIVE SERVICES, PRODUCTS, TRADEMARKS, SERVICE MARKS, OR LOGOS.
6. Prizes: Five (5) prizes are available to be awarded in this Promotion. Each prize consists of BET swag to be determined by Sponsor in its sole discretion. Approximate Retail Value of each prize may vary.
Prize Restrictions: Any and all applicable federal, state, and local taxes and all fees and expenses related to acceptance and use of prize not specifically stated herein are the responsibility solely of winner. The winner may be required to provide his/her social security number and issued a 1099 at the end of the year for tax purposes. Prize cannot be substituted, assigned, transferred, or redeemed for cash; however, Sponsor reserves the right to make equivalent prize substitutions at its sole discretion. Only the number of prizes stated in these Official Rules is available to be won in the Promotion.
7. General Conditions: Participation constitutes entrant’s full and unconditional agreement to these Official Rules and to Sponsor’s decisions, which are final and binding in all matters related to the Promotion. Sponsor and its agencies are not responsible for lost, late, incomplete, damaged, stolen, misdirected, or illegible entries; lost, interrupted, or unavailable network, server, or other connections, garbled transmissions or miscommunications, telephone transmission problems; computer or software malfunctions or damage to a user’s computer equipment (software or hardware); technical failures; or other errors or malfunctions of any kind whether human, mechanical, electronic, or otherwise. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
WARNING: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW, AND, SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO PROSECUTE AND SEEK DAMAGES FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. Sponsor reserves the right at its sole discretion to disqualify any individual it finds to be attempting to tamper with or undermine the entry process, any website associated with the Promotion, and/or the legitimate operation of the Promotion; to violate the Official Rules; or to act in an unsportsmanlike or disruptive manner or with the intent to annoy, abuse, threaten, or harass any other person. Sponsor may, in its sole discretion, modify, suspend, postpone, cancel or terminate (or any portion thereof), including, but not limited to, voiding any suspect entries and awarding the prizes at random from among the eligible, non-suspect entries received up to the time of the impairment.
8. Limitations of Liability and Releases: BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT SPONSOR, BET STREAMING LLC, YOUTUBE, INC. AND THEIR RESPECTIVE PARENT COMPANIES, AFFILIATES, SUBSIDIARIES, REPRESENTATIVES, CONSULTANTS, CONTRACTORS, LEGAL COUNSEL, ADVERTISING, PUBLIC RELATIONS, PROMOTIONAL, FULFILLMENT AND MARKETING, WEBSITE PROVIDERS, WEB MASTERS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AND AGENTS (THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY ENTRANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZE, ENTRY, OR PARTICIPATION IN THIS PROMOTION OR IN ANY PROMOTION RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM. BY PARTICIPATING IN THIS PROMOTION, ENTRANT AGREES THAT THE RELEASED PARTIES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY INJURIES, DAMAGES, OR LOSSES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES TO PERSONS, INCLUDING DEATH, OR TO PROPERTY ARISING OUT OF ACCESS TO AND USE OF ANY WEBSITE ASSOCIATED WITH THIS PROMOTION OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SUCH SITE.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS PROMOTION, INCLUDING, BUT NOT LIMITED TO, THE PRIZES AND ANY WEBSITE ASSOCIATED WITH THE PROMOTION, 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 EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
9. Publicity; License. EXCEPT WHERE PROHIBITED BY LAW, PARTICIPATION IN THE PROMOTION CONSTITUTES EACH ENTRANT’S GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), AND THE RELEASED PARTIES THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLD WIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, THE ENTRANT’S ENTRY, NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, OPINIONS, SOCIAL MEDIA HANDLES/USER NAMES AND BIOGRAPHICAL INFORMATION (INCLUDING BUT NOT LIMITED TO HOMETOWN AND STATE) FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
10. Disputes. Except where prohibited, entrant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Promotion or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate Federal or state court located in New York, NY; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Promotion, 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 Sponsor in connection with the Promotion, 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.
12. Winner Name: For name of winner, available for sixty (60) days after verification of the winner, send a self-addressed, stamped envelope to: “Name the Characters Sweepstakes”, Black Entertainment Television LLC, Attn: BET SVOD, 1515 Broadway, New York, NY 10036. Washington and Vermont residents may omit return postage when requesting this information.
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