American Experience Twitter Giveaways, Official Rules
1. ELIGIBILITY: NO PURCHASE NECESSARY TO ENTER.
The American Experience Twitter Giveaways Contest (the "Contest") is void where prohibited by law. The Contest is open to legal residents of the fifty United States and the District of Columbia, except Arizona, who, at the time of entry, are at least eighteen (18) years of age. The Contest is sponsored by the WGBH Educational Foundation, One Guest Street, Boston, MA 02135 ("WGBH"). The Contest is not open to employees, officers, directors, trustees, and members of their respective immediate families or households, of WGBH, the Public Broadcasting Service (PBS), PBS member television stations, or their respective affiliates, and subsidiaries.
By participating in the Contest, each contestant and each Winner is hereby deemed to agree to (a) these Official Rules, (b) all eligibility requirements and guidelines of the Contest, and (c) the decisions of WGBH, which shall be final and binding in all aspects relating to the Contest. WGBH retains the right to disqualify any contestant or Winner if the Official Rules, eligibility requirements, or guidelines of the Contest are not followed. WGBH reserves the right to use any information submitted by contestants for any purpose whatsoever.
2. HOW TO ENTER:
The Contest begins on December 20, 2012 at 12PM EST, and ends on May 3, 2012 at 5PM EST (the "Entry Period"). All entries must be received during the Entry Period. Entries received before or after the Entry Period and/or those entries that do not meet the guidelines, are not eligible. Incomplete or inaccurate entries are void.
In order to enter the Contest, contestants must have a Twitter account and agree to Twitter's rules and regulations. See Twitter Rules for more information http://support.twitter.com/articles/18311-the-twitter-rules
During the Entry Period, American Experience, via @AmExperiencePBS on Twitter, will ask a series of historical trivia questions related to upcoming American Experience programs (the "Question(s)"). Contestants must enter by replying to @AmExperiencePBS with an answer to the Question. Contestants may only enter once per day; multiple entries in a single day will not be accepted. Contestants may not use multiple accounts to enter.
3. SELECTION OF WINNERS
Winners: The FIRST contestant(s) to correctly answer the Question will be the "Winner(s)." In some instances, there may be up to five (5) Winners for a Question. The Winner(s) for each Question will be announced via Twitter by @AmExperiencePBS within thirty (30) calendar days of the Question's posting in Twitter. The Winner must have an address that the Prize can be mailed to. In the event that no contestant correctly answers the question, there will be no Winner for that Question.
A contestant cannot be a Winner more than once. If a contestant is the first to correctly answer a Question and that contestant was already a Winner for a previous Question, then the next contestant to correctly answer the Question will be the Winner for that Question.
Tie Breaker: In the event that the first contestants to correctly answer the Question do so at the same time, and the number of such contestants exceeds the number of Prizes available for that Question, then the Winner(s) will be selected in a random drawing from among all the same-timed eligible entries received.
Total Number of Possible Winners: There may be up to fifty (50) Winners selected for the Contest.
Each Winner will receive a DVD of an American Experience program (the "Prize"). Approximate retail value of each Prize is Thirty Dollars ($30.00) and resale is strictly prohibited. WGBH reserves the right to substitute the Prize with a Prize of comparable or greater value, at its sole discretion in the event of unavailability.
Limit: One (1) Prize per person. The Prizes are not transferable to another person, and may not be exchanged for a different prize or redeemed for cash or any other consideration. WGBH makes no, and disclaims, all warranties, guarantees or representations, express or implied, concerning the condition, quality, merchantability, and/or fitness of the Prizes.
Any and all federal, state and local taxes, fees and surcharges on Prizes, if any, as well as any other costs and expenses associated with acceptance of a Prize and use not specified herein as being provided by WGBH are the sole responsibility of each Winner. WGBH will report any individual winnings over $600 (in cash or fair market value of goods or services) in a one year period to the Internal Revenue Service. Winners will receive a 1099 form from WGBH if WGBH reports any winnings to the Internal Revenue Service.
Each Winner agrees to the use of his/her name, Twitter image and Twitter handle in publicity without notice or any additional compensation, except where prohibited by law.
5. WINNER NOTIFICATION
Each Winner must accept or decline the applicable Prize via email within thirty (30) calendar days from receiving email notification that he/she is a Winner. If a Winner does not respond within thirty (30) calendar days, or if a Winner is unavailable for Prize fulfillment, an alternate Winner will be selected.
Each Winner will be required to sign and return an Affidavit of Eligibility and a Liability/Publicity Release Form (collectively, the "Affidavit and Release") within thirty (30) calendar days after the Winner receives the Affidavit and Release via email. Failure to return the Affidavit and Release in the time noted will constitute forfeiture of the applicable Prize and an alternate winner may be selected in WGBH's sole discretion.
6. ODDS OF WINNING:
Odds of winning depend upon the number of eligible entries received.
7. DISCLAIMER OF WARRANTIES / RELEASE LIMITATION ON LIABILITY:
WGBH is not responsible for any bodily or personal injury, or property damage, or any other loss resulting from use or attempted use of any component of a Prize.
WGBH is not responsible for entries that are incomplete, illegible, lost, delayed, mutilated or misdirected. WGBH is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer online systems, servers or providers, computer equipment, software, failure of entrants on account of technical problems or traffic congestion on the internet or at any website or any combination thereof including, without limitation, losses, damages or injuries to entrant's or any other person's equipment or other property, or to their persons, related to participation in the Contest. In addition, WGBH will not be in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, in connection with the Contest and/or the Prize(s). Although WGBH attempts to ensure the integrity of the Contest, WGBH is not responsible for the actions of entrants in connection with the Contest, including entrant's attempts to circumvent these Official Rules or otherwise interfere with the administration, security, fairness, integrity or proper conduct of the Contest. The releases hereunder are intended to apply to all claims not known or suspected to exist.
BY ENTERING THE CONTEST, EACH ENTRANT AGREES THAT: (1) ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE CONTEST, OR ANY PRIZE AWARDED, WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; (2) UNDER NO CIRCUMSTANCES WILL ANY ENTRANT BE PERMITTED TO OBTAIN ANY AWARD FOR, AND EACH ENTRANT HEREBY KNOWINGLY AND EXPRESSLY WAIVES ALL RIGHTS TO SEEK, PUNITIVE, INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, LOST PROFITS AND/OR ANY OTHER DAMAGES, AND/OR ANY RIGHTS TO HAVE DAMAGES MULTIPLIED OR OTHERWISE INCREASED; AND (3) EACH ENTRANT'S REMEDIES ARE LIMITED TO A CLAIM FOR MONEY DAMAGES (IF ANY) AND EACH ENTRANT IRREVOCABLY WAIVES ANY RIGHT TO SEEK INJUNCTIVE OR EQUITABLE RELIEF.
In the event WGBH is prevented from continuing with the Contest by any event beyond its control, including but not limited to fire, flood, epidemic, earthquake, explosion, labor dispute or strike, act of God or public enemy, communications or equipment failure, utility or service interruptions, riot or civil disturbance, terrorist threat or activity, war (declared or undeclared) or any federal state or local government law, order, or regulation, order of any court or jurisdiction, or other cause not reasonably within the WGBH's control (each a "Force Majeure" event or occurrence), WGBH shall have the right to modify, suspend, or terminate the Contest.
8. GOVERNING LAW / JURISDICTION:
All disputes arising hereunder or in relation to the Contest, or the award and/or use of any Prize, shall be brought solely and exclusively in Boston, Massachusetts, and shall be governed and construed in accordance with Massachusetts law.
9. WINNER(S) LIST:
For a list of the Winner(s), send a self addresses stamped envelope to: WGBH Educational Foundation, One Guest Street, Boston, MA 02135, Attention: American Experience Twitter Contest.