“BRAND X LIVE TAPING- MODERN MAN GIVEAWAY” SWEEPSTAKES
SPONSORED BY FX NETWORKS, LLC
1. NO PURCHASE NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID [OUTSIDE OF THE FIFTY UNITED STATES AND THE DISTRICT OF COLUMBIA AND WHERE PROHIBITED OR RESTRICTED BY LAW.
2. Entry Period: The “Brand X Live Taping – Modern Man Giveaway”Sweepstakes (“Sweepstakes”) commences at 11:00 PM PDT on June 27, 2012 and ends at 12:00 PM PDT on July 5, 2012 (“Sweepstakes Period”). All entries must be received by 12:00 PM PDT on July 5, 2012. All interpretations of these Official Rules and decisions made by Sponsor relating to the Sweepstakes are final.
3. Eligibility: The Sweepstakes is open to persons legally residing in, and physically located within, the 50 United States or the District of Columbia. Entrants must be at least 21 years of age at time of entry. Employees, agents, directors of FX Networks, LLC (“Sponsor”), Modern Man, and Fanscape, LLC (“Administrator”), and their respective parent companies, affiliated companies, subsidiaries, partners, dealers, manufacturers, distributors, sponsors, advertising agencies, promotion and administration agencies and any entity which is involved in any aspect of the creation, production, operation, execution or fulfillment of Sweepstakes (“Sweepstakes Entities”), and their immediate families (i.e., parents, spouse, siblings, children, grandparents, step parents, step children and step siblings, and their respective spouses, and those living in the same household, whether or not related) are not eligible to enter Sweepstakes. By participating in this Sweepstakes, entrants: (a) agree to be bound by these Official Rules and by the interpretations of these Official Rules by Sponsor and by the decisions of Sponsor; (b) acknowledge compliance with these Official Rules; (c) agree to comply with any and all applicable federal, state and local laws, rules and regulations: and (d) agree to release and hold harmless Sweepstakes Entities from and against any and all claims, injury or damages arising out of or relating to participation in Sweepstakes and/or the use, misuse or redemption of the Prizes (hereinafter defined), and for any claim including claims based on defamation, publicity rights, invasion of privacy, copyright infringement, trademark infringement, or any other intellectual property related cause of action.
4. To Enter: (i) visit the website www.modernman.com/entertainment/movies-and-tv/ (the “Website”) and scroll through the posts to find the Brand X post (“Post”); (ii) and comment on Post to receive one (1) entry into the Sweepstakes. Limit one (1) entry per person. All entries must be received by the end of the Sweepstakes Period in order to participate.
There is a limit of one (1) entry per person. If it is suspected that an entrant uses multiple e-mail addresses to submit more than one (1) entry, only one (1) entry will be considered. In the event of a dispute over who submitted a winning online entry, the “authorized account subscriber” of the e-mail account used to participate in Sweepstakes at the actual time of entry, will be deemed to be the entrant. The “authorized account subscriber” for online entries is defined as the natural person who is assigned an e-mail address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted e-mail address. In the event a winning account selected is a joint account, a total of one (1) Prize will be awarded in the name of the first-named account holder. Proof to Sponsor’s satisfaction of being the authorized account subscriber may be required by Sponsor.
All entries submitted in compliance with these Official Rules and not disqualified are considered “Eligible Entries”. All entries become the sole and exclusive property of Sponsor. Entries will not be returned and receipt of entries will not be acknowledged. Proof of entry submission will not be deemed to be proof of receipt of entry by Sponsor.
The odds of winning the Sweepstakes depend on the total number of Eligible Entries received during the Sweepstakes Period.
5. Prize: The Winner (hereinafter defined) will receive: (a) a trip for the Winner and one (1) guest of Winner (“Guest”) to Los Angeles, California (“Destination”) to attend a live taping of Brand X (“Event”), currently scheduled to take place on July 23, 2012 or July 30, 2012, but subject to change. The trip will include: (i) round trip coach class air transportation for Winner and Guest which shall originate from an airport of Sponsor’s choice near Winner’s primary residence to Destination, with an approximate retail value (“ARV”) of one thousand four hundred dollars ($1,400.00); (ii) round trip ground transportation for Winner and Guest, to be taken together, between airport and hotel in Destination, with an ARV of one hundred dollars ($100.00); (iii) two (2) nights hotel accommodations in Destination for Winner and Guest which will be one (1) room based on double occupancy (meals, telephone calls, tips, gratuities, and other incidentals and costs are not included), with an ARV of six hundred dollars ($600.00); (iv) one (1) one hundred dollar ($100.00) meal voucher for Winner and Guest with a total ARV of two hundred dollars ($200.00); and (v) admission for two (2) to the Event, with an ARV of forty dollars ($40.00), collectively (the “Prize” or “Prizes”). The total ARV is two thousand three hundred forty dollars ($2,340.00). Sponsor reserves the right to substitute ground transportation in lieu of air transportation if the Winner resides within 100 miles of Destination and no compensation or substitution will be provided for the difference in Prize value. The ARVs are subject to change based on current market conditions at time of Prize fulfillment and the time of travel and the distance between departure and Destination. Any difference between the ARVs and the actual values, if any, will not be awarded.
Winner and Guest must travel on the same itinerary. Guests traveling with a Winner must be 21 years of age or older at the time of Prize fulfillment.
Choice of ticket seat locations to be determined by Sponsor in its sole discretion. Winner and Guest are responsible for all costs and expenses associated with Prize acceptance and use that are not specified herein as being awarded. Prize dates are subject to change in Sponsor’s sole discretion. If the Winner is not available or able to accept the Prize, Winner privileges will be terminated and an alternative Winner will be selected in a random manner from amount the remaining Eligible Entries.
By participating in Sweepstakes, the Winner grants the right to Sponsor to record, film, videotape and photograph the Winner (“Images”). These Images will be owned by Sponsor. Sponsor and each of its designees shall have the right to use, re-use, reproduce, publish, display, exhibit, distribute, edit, adapt, post, stream, copy and exploit such Images, and all elements embodied therein, including any names, addresses , likenesses, photograph, voice, conversation, biographical and prize information, and any other attributes of Winner, individually or with others, in whole or in part, in conjunction with other material, if any, in any and all media now known or hereafter devised, for the purpose of trade, advertising, publicity, promotion, on a Sweepstakes winners list, or any other lawful purpose whatsoever, in perpetuity, throughout the world, without additional compensation, notification, permission or consideration to Winner or to any other person or entity, except where prohibited by law.
6. Winner Selection and Notification: There will be one (1) Winner selected in a random drawing from among all of the Eligible Entries received on or about July 6, 2012. The potential Winner will be notified by email and/or telephone and will be required to confirm his/her address. If potential Winner does not meet the eligibility requirements, cannot be reached after a reasonable effort has been exerted and/or does not confirm his/her address within two (2) days from when initial email is sent, an alternate potential Winner will be selected in a random drawing from among all remaining Eligible Entries received. Sponsor’s decisions are final and binding.
7. Winner Verification: To be eligible to be declared the Winner and to receive the Prize, the potential Winner must sign, within three (3) days of issuance of such document from Administrator or Sponsor an Affidavit of Eligibility and Release that: (a) releases Sweepstakes Entities from any and all liability, loss, claims, demands, and causes of action for personal injuries or death and/or damage to personal or real property, theft, loss, or any other harm suffered directly or indirectly from potential Winner’s participation in Sweepstakes, including, but not limited to, traveling to, preparing for and/or participating in any Prize related activity, or the acceptance, possession, or use or misuse of any Prize; and (b) except where prohibited by law, a grant to Sweepstakes Entities to use potential Winner’s name, picture and/or likeness, or biographical information or voice for trade, advertising and publicity purposes, in any media now known or hereafter devised, throughout the world, in perpetuity, without additional compensation or consideration or notification. Entry into Sweepstakes constitutes agreement to sign such a release. When such documentation is properly executed, and potential Winner is otherwise in compliance with the Official Rules, potential Winner will be determined to be the Sweepstakes winner (“Winner” ). Prize or Prize documents returned as undeliverable will result in forfeiture of Prize. Sponsor expressly reserves the right to delay the announcement of the Winner for any reason Sponsor deems necessary. In addition, Sponsor reserves the right to select an alternate Winner in the event that any potential Winner fails to comply with these Official Rules or fails to execute the documentation.
Guest participating in Prize with Winner must be at least 21 years of age at time of Prize fulfillment and will also be required to sign, a Liability/Publicity Release that must be returned along with the potential Winner’s documentation as provided in these Official Rules within three (3) days of issuance. If potential Winner and Guest do not sign such documentation within the time frame specified, the potential Winner may be disqualified and the Prize forfeited and an alternate Winner will be chosen in a random drawing from among all of the remaining Eligible Entries. If Winner chooses not to take a Guest, or if the Guest does not sign the documentation as provided in these Official Rules within the time frame specified then the Guest elements of the Prize will be forfeited and the other elements of the Prize shall constitute full satisfaction of Sponsor’s obligation to award the Prize. Prize will be forfeited if a Guest fails to comply with the terms and conditions of these Official Rules. Winner and Guest agree to comply with all venue rules and regulations and agree not to act in an unsportsmanlike or disruptive manner.
By participating in Sweepstakes, Winner and Guest acknowledge that Sweepstakes Entities have not and will not obtain or provide insurance of any kind relating to the Prize and that Winner and Guest will be responsible for obtaining and paying for any life, travel, car accident, property or other form of insurance relating to the Prize that Winner or Guest deem appropriate. Winner must also complete any additional legal documents provided by Administrator or Sponsor with respect to the Prize and return them as instructed within the time frame specified or Winner may forfeit Prize at Sponsor’s sole discretion.
8. Prize Terms: The dates for fulfillment of the Prize will be on or about July 30, 2012, but subject to change in Sponsor’s sole discretion. If for any reason any Prize is unavailable or any Prize or related event is delayed, cancelled or postponed, or for any other reason, Sponsor reserves the right to modify the Sweepstakes in its sole discretion and award a substitute Prize, or portion of Prize, of comparable or greater value as set forth in these Official Rules. No substitution, transfer, assignment or cash equivalent of the Prize, or any portion thereof, is permitted by a Winner or Guest. Sweepstakes Entities shall have no responsibility or obligation to a Winner or Guest who is unable or unavailable to, or who does not for any reason, accept or utilize the Prizes. All costs and expenses not specifically listed above as part of the Prize, including, without limitation; meals, snacks, beverages, mini-bar, entertainment, tips, gratuities, souvenirs, personal expenses, damages to hotel rooms, baggage fees, travel insurance, departure taxes and fees, and any equipment to be used in connection with the Prize, are solely Winner’s responsibility. Prizes are provided “as is”. Entrants acknowledge that Sweepstakes Entities have neither made nor are in any manner responsible or liable for any warranty, representation or guarantee, express or implied, in fact or in law, relative to the Prizes, including any express warranties provided by a Prize supplier that are sent along with the Prizes and any implied warranty of merchantability of fitness for a particular purpose. Arrangements for the fulfillment of the Prizes, including all travel arrangements, will be made by Administrator. Prizes pictured in online, television and print advertising, promotional packaging and other Sweepstakes materials are for illustrative purposes only.
Winner must supply Administrator and/or Sponsor with his or her social security number for tax purposes. An IRS Form 1099 will be issued in the name of Winner for the actual value of the Prize awarded if the actual value of Prize is over $600. All federal, state and local taxes, and any other costs and expenses associated with acceptance or use of Prize not specifically provided for in these Official Rules are solely the Winner’s responsibility.
9. General Terms: Sweepstakes Entities are not responsible if Sweepstakes cannot take place, or if any Prize cannot be awarded due to delays, interruptions or failures due to acts of God, war, natural disasters, weather, acts or threats of terrorism, strikes, lockouts, labor disputes, work stoppages, fire, acts of government, or other events outside of the reasonable control of Sweepstakes Entities. If, for any reason Sweepstakes is not capable of running as planned, including, without limitation, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the reasonable control of Sweepstakes Entities, which, in Sponsor’s sole determination, corrupts or affects the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right, in its sole discretion, to cancel, terminate, modify, or suspend Sweepstakes or any part of the Sweepstakes. If Sweepstakes or any part of the Sweepstakes is terminated or modified prior to the closing date of the Sweepstakes, notice will be posted on the Website if time permits and the Prize will be awarded to a potential Winner to be selected in a random drawing from among all of the remaining uncorrupted Eligible Entries received prior to any such event outside of the reasonable control of Sponsor. Sponsor reserves the right to modify and amend these Official Rules from time to time during Sweepstakes for clarification purposes.
Entrants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability arising out of or relating in any way to entrant’s participation in Sweepstakes and to release all rights to bring any claim, action or proceeding against Sweepstakes Entities. Sweepstakes Entities assume no responsibility for and will disqualify entries that are: stolen, late, lost, illegible, incomplete, invalid, unintelligible, altered, tampered with, unauthorized, fraudulent, damaged, destroyed, delayed, misdirected, not delivered, not received, or entries that have incorrect or inaccurate entry information, whether caused by any of the equipment or programming associated with or utilized in Sweepstakes, or by any human, mechanical or electronic error which may occur in the processing of the entries in Sweepstakes, or other errors appearing within the Official Rules or in any Sweepstakes related advertisements. Sweepstakes Entities assume no responsibility for any typographical or other error in the printing of the offer, administration of Sweepstakes, errors in processing entries, identifying the Winner, in the announcement of the Prize and Winner, and the delivery of the Prize, any problems or technical malfunction of any telephone network or lines, mobile phone, computer systems, online systems, servers or providers, computer equipment, software, failure of any e-mail or players on account of technical problems or traffic congestion on the Internet or on any web site, or any combination thereof, including, without limitation, any injury or damage to entrant’s or any other person’s computer system/software or mobile phone related to or resulting from participation in, uploading any materials or downloading any materials in Sweepstakes. Use of any device to automate or subvert entry is prohibited and any entries received by such means will be void. No software-generated, robotic, programmed, script, macro or other automated entries are permitted and any entries received by such means will be void. Sponsor reserves the right in its sole discretion to disqualify any person they suspect or find: (i) to have used a software generated, robotic, programmed, script, macro or other automated entry; (ii) to have tampered with the entry process or the operation of Sweepstakes; (iii) to be acting in a disruptive manner, or with the intent to annoy, abuse, threaten or harass any other person; (iv) to display behavior that will bring such Winner or Sweepstakes Entities into disgrace; (v) to have provided inaccurate information on any legal documents submitted in connection with Sweepstakes; or (vi) to be acting in violation of these Official Rules. ANY VIOLATION OF THESE OFFICIAL RULES BY THE WINNER WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS THE WINNER OF THE SWEEPSTAKES AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED.
ANY ATTEMPT BY ANY PERSON TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAW AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEYS’ FEES) FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW. THE CALIFORNIA COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF CALIFORNIA SHALL GOVERN THE SWEEPSTAKES. EACH ENTRANT WAIVES ANY AND ALL OBJECTIONS TO JURISDICTION AND VENUE IN THESE COURTS AND HEREBY SUBMITS TO THE JURISDICTION OF THESE COURTS.
10. Request for Name of Winner and Official Rules: All requests for a copy of the Official Rules and for the name of the Winner must be made by September 5, 2012. Vermont residents may omit return postage if requesting a set of Official Rules. For the name of the Winner and/or Official Rules: (i) send a self-addressed stamped envelope to: Fanscape, LLC., Attention: “Brand X Live Taping – Modern Man Giveaway Sweepstakes,” 360 N. La Cienega Blvd., 3rd Floor, Los Angeles, CA 90048; and (ii) write “Winners List” and/or “Official Rules” as applicable on the lower left hand corner of the envelope.
11. Sponsored by: This Sweepstakes is sponsored by FX Networks, LLC, 10201 W. Pico Blvd., Los Angeles, CA 90064.
12. Administered by: This Sweepstakes is administered by Fanscape, LLC, 360 N. La Cienega Blvd, 3rd Floor, Los Angeles, CA 90048.