The following rules and regulations pertain to the ESPN Fan of all Seasons Sweepstakes ("Sweepstakes"), presented by ESPN.
No purchase is necessary to enter or win. A purchase will not increase your chance of winning.
Must be 21 years of age or older to win. Void where prohibited.
Sponsors: ESPN, Bristol, CT 06010-7454 and MetroPCS Wireless, Inc., 2250 Lakeside Blvd., Richardson, TX 75082.
Sweepstakes Administrator: Cenergy Marketing & Communications, LLC, 728 Main Street, East Aurora, NY 14052. All decisions of Administrator will be considered final as it relates to this promotion.
Entry Period: 12:00:00 AM ET August 1, 2012 through 11:59:59 pm ET August 31, 2012 (“Entry Period”).
Prize Announcement: Prize winners to be selected on September 4, 2012.
Entry Methods:
Only one valid entry per person per email or mailing address will be accepted. All duplicate entries, or entries deemed fraudulent by the Sweepstakes Administrator, will be deemed void. Eligibility: Sweepstakes open to legal U.S. residents who are at least 21 years of age at the time of entry and who are MetroPCS subscribers as of July 31, 2012. Employees, officers, directors, agents and representatives of ESPN, Inc., MetroPCS Wireless, Inc., and each of their respective parents, affiliates, subsidiaries, wholesalers, retailers, distributors, suppliers, advertising and promotion agencies directly involved with the Sweepstakes, and their immediate family member (mother, father, sister, brother, any child, husband, wife and their respective spouses, regardless of where they reside) and those living in their same households, whether or not related, are not eligible to participate or win a prize.
Winning: Winners will be randomly selected on or about September 4, 2012 from all valid entrants received prior to the close of the Entry Period. Odds of winning are dependent upon the number of valid entrants received during the Entry Period.
Prize Notification: The potential winners will be notified by the email address and/or telephone number supplied at the time of entry. To be eligible to claim a Prize, the winner must correctly complete and return a Winner affidavit and Liability Release and if applicable and permitted under Law, a Publicity Release, via overnight mail (prepaid overnight envelope is provided) within five (5) days of notification. In the event a potential winner does not respond within the given timeframe, an alternate potential winner will be chosen for that prize among the remaining valid entrants. All potential winners will be required to supply personally identifiable information including a social security number and a picture form of identification at the time of Prize claim. Failure to submit required affidavits and identification will result in disqualification and forfeiture of any Prize.
Prizes: One Grand Prize: The following Grand Prize package will be awarded in this sweepstakes to one (1) winner (subject to verification): a trip for winner and one (1) guest on or about November 11, 2012 to ESPN’s headquarters in Bristol, CT. The trip consists solely of the following for use by winner and his or her one (1) guest: roundtrip, coach airfare for two (2) from a major US gateway nearest winner’s residence to Hartford, CT and accommodations (one standard, double occupancy hotel room) for a 3 days/2 nights stay in or near Hartford, CT for the winner and one (1) guest; Roundtrip ground transportation to and from the airport, and to and from scheduled events; Two (2) tickets to a local sporting event selected by Sponsors, including dinner for two (2); ground transportation to Bristol, CT for an ESPN Campus tour and lunch at ESPN offices; one (1) 0 gift card to cover incidentals and meals; ESPN gift bag (worth 0). Total Approximate Retail Value (ARV) of Grand Prize to be awarded is ,500, depending upon winner’s location. If winner resides within a 100-mile radius of destination, Sponsors reserve the right to provide ground transportation in lieu of air transportation and no compensation or substitution will be provided for difference in prize value. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. All other expenses not specifically stated herein, or in conjunction with Grand Prize acceptance or taking possession thereof, will be the responsibility of the prizewinner and guest as incurred. Sponsors reserve the right to substitute all or parts of the Grand Prize of equal value based on availability.
Grand Prize Conditions: Prize is nontransferable, nonassignable and holds no real cash value. Prize or any of the components may not be redeemed for cash or credit at any time. Prizewinner must be 21 years of age. Guests of winner will be required to sign release and do not hold independent rights to any part of the prize. Guest must be 18 years of age unless accompanied by parent/legal guardian, who must then be the prizewinner. Winner and guest will be responsible for obtaining and producing appropriate travel documents necessary for airport travel. Travel arrangements are nonrefundable and must be utilized during the dates specified by Sponsors. Winner must travel on dates specified by Sponsors or prize will be forfeited and Sponsors will have no further obligation to winner. Certain travel restrictions may apply. Winner and guest must travel on the same itinerary and at the same time. Winner is solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, but not limited to, any and all federal, state and local taxes, meals, gratuities, luggage fees, and souvenirs. Winner will be issued an IRS 1099 form for the ARV of the applicable prize, and winners may be required to provide Sponsors or Sponsors’ representative with winner’s social security number for this purpose. Winner or guest is required to secure accommodations on a major valid credit card in good standing upon hotel check in. No substitutions or partial substitutions allowed except at the sole discretion of the Sponsors. If any of the events do not take place as currently scheduled, for any reason, Sponsors at their sole discretion may change the prize dates or cancel that portion of the prize relating to that event and no further compensation will be awarded in lieu thereof. If prize notification goes unanswered, returned to prize administrator or prizewinner cannot participate in the events as scheduled, the prize is forfeited and an alternate winner will be selected. In the event a winner cannot be validated, Sponsors reserve the right not to award prize. Prize claim constitutes permission for Sponsors and Sponsors’ affiliates, as it pertains to this Sweepstakes, the right to publish the likeness, photograph, name and city/state of prizewinner in all forms of media, perpetually without notice or compensation, unless prohibited by law.
Second Prizes: Five (5) Second Prizes will be awarded, each consisting of one (1) pair of Beats by Dre Solo HD headphones customized for ESPN. ARV of each 5. Total ARV of Second Prizes 25. Total ARV of all Prizes 25.
Second Prize Conditions: Prize is nontransferable, nonassignable and holds no real cash value. Prize may not be redeemed for cash or credit at any time. Winner is solely responsible for all expenses, costs or fees associated with acceptance and/or use of the prize not specified herein as being awarded including, but not limited to, any and all federal, state and local taxes. No substitutions or partial substitutions allowed except at the sole discretion of the Sponsors. If prize notification goes unanswered or is returned to prize administrator, the prize is forfeited and an alternate winner will be selected for that prize. In the event a winner cannot be validated, Sponsors reserve the right not to award that prize. Prize claim constitutes permission for Sponsors and Sponsors’ affiliates, as it pertains to this Sweepstakes, the right to publish the likeness, photograph, name and city/state of prize winner in all forms of media, perpetually without notice or compensation, unless prohibited by law.
Winner Confirmation: For the name and city of the prizewinners, send a SASE anytime after September 30, 2012 to ESPN Fan of All Seasons Sweepstakes c/o Cenergy at 728 Main Street, East Aurora, NY 14052.
Use of Personal Identifiable Information: Personal information in the form of name, age, email and mailing address, will be collected to be included in a mailing list for future marketing promotions from the Sweepstake Sponsors and affiliates in a manner that is compliant with applicable law. Eligibility for this sweepstakes is open to those 21 years of age or older who meet all other eligibility criteria. Any information collected from anyone under the age of 21 is unintentional. To opt out from receiving future promotional materials, participants can chose to opt out during the online registration process, email a request toESPN@cenergycom.com, or send a written request to ESPN Fan of all Seasons Sweepstakes c/o Cenergy at 728 Main Street, East Aurora, NY 14052. All requests will be honored within reasonable notice. Please see the privacy policies located at http://corporate.disney.go.com/corporate/pp.html and http://www.metropcs.com/metro/tac/termsAndConditions.jsp?terms=Privacy%20Policyfor details of Sponsors’ respective policies regarding the use of personal information collected in connection with this Sweepstakes. If you are selected as a winner, your information may also be included in a publicly-available winner’s list.
Limitations of Liability: This Sweepstakes is subject to all federal, state, and local laws as they apply. Anyone knowingly trying to defraud the promotion, its sponsors and affiliates will be held accountable for their actions under applicable law. By participating, entrants agree to these Official Rules and waive right to any claim arising from the interpretation of such rules. All entrants of this Sweepstakes agree to release, indemnify and hold harmless, ESPN, Inc., MetroPCS Wireless Inc., their respective parents, subsidiaries and affiliates and each of their respective directors, officers, employees and agents (collectively, the “Released Parties”) from and against any claims, damages, or liability due to any injuries, damages, or losses to any person, including death, or property of any kind, resulting directly or indirectly from acceptance, possession, use or misuse of a prize or entering or participating, in whole or in part, in this Sweepstakes. Grand Prize Winner and their invited guest must agree to follow the rules and regulations of the participating venues. Grand Prize claimant will be held responsible for the actions of the attending guest. Sponsors are not responsible for the correctness, incorrectness, manner of transmission or successful completion of the Entries, as it relates to this Sweepstakes. Sponsors are not responsible for any technical, mechanical or computer related injuries arising or resulting from entering or participating in the entry process, any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment, hardware, software or programming associated or used with the Sweepstakes. No responsibility is assumed for lost, late, illegible, incomplete, damaged or misdirected entries.
The Sponsors and Administrator make no warranties, and hereby disclaim any and all warranties, express or implied, concerning any prize furnished in connection with the Sweepstakes. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND THE SPONSORS AND ADMINISTRATOR HEREBY DISCLAIM ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
ADDITIONAL DISCLAIMERS: The Released Parties are not liable to any winner, an entrant or any person claiming through such winner or entrant for failure to supply a prize or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s) or request(s) by any governmental or quasi-governmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, act of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal) labor or material shortage, transportation interruption of any kind, work slow-down, civil disturbance, insurrection, riot, or any other cause beyond Sponsors’ sole control. Released Parties assume no responsibility and will not be liable for any of the following, whether caused by a Released Party, the entrant, or by human or other error: entries that are submitted by illegitimate means or entries in excess of the stated limit; lost, late, incomplete, misdirected, stolen, garbled or illegible entries, e-mail, mail, or Sweepstakes-related correspondence or materials or postage-due mail; address changes of entrants or entries not received in accordance with these Official Rules; failed, incorrect, inaccurate, incomplete, garbled, or delayed electronic or other communications; errors, typos or misprints in these Official Rules, an entry form, in any Sweepstakes-related advertisements or other materials; failures of any of the equipment or programming associated with or utilized in the Sweepstakes; unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or 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 of any prize. If for any reason an entrant's entry is confirmed to have been erroneously deleted, lost or otherwise destroyed or corrupted, entrant's sole remedy is another entry in the Sweepstakes. Released Parties are not responsible for electronic communications that are undeliverable as a result of any form of active or passive filtering of any kind, or insufficient space in entrant’s e-mail account to receive e-mail messages. Sponsors reserve the right, in their sole discretion, to cancel, modify, or suspend all or any part of the Sweepstakes if it becomes incapable of running as planned for any reason, or if any causes beyond the reasonable control of Sponsors corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, and award the prizes from eligible entries received prior to cancellation, modification, or suspension or as otherwise deemed fair and appropriate by Sponsors. Sponsors reserves the right, at their sole discretion, to disqualify any individual found to be tampering with the entry process or the operation of this Sweepstakes, or to be acting in violation of these Official Rules, or to be acting in an unsportsmanlike or disruptive manner, or with the intent to annoy, abuse threaten or harass any other person. If any person supplies false information, obtains entries by fraudulent means or is otherwise determined to be in violation of these Official Rules in an attempt to obtain any prize, Sponsors may disqualify that person and seek damages from him or her and that person may be prosecuted to the full extent of the law. Participants agree to not damage or cause interruption of the Sweepstakes and/or prevent others from using the Sweepstakes. Sponsors reserve the right, in their sole discretion, to void the entry of any entrant who Sponsors believe has attempted to tamper with or impair the administration, security, fairness or proper play of this Sweepstakes. CAUTION: ANY ATTEMPT BY AN ENTRANT OR ANY OTHER INDIVIDUAL TO UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO DISQUALIFY SUCH INDIVIDUAL AND TO SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
DISPUTES/GOVERNING LAW/GENERAL: This Sweepstakes and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of Connecticut, without reference to its conflicts of laws principles. Any legal actions, suits or proceedings related to this Sweepstakes (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state or federal courts located in Hartford County, Connecticut. By entering, and as a condition of entry, each entrant agrees, to the extent permitted by applicable law: (1) TO ACCEPT AND SUBMIT TO THE PERSONAL JURISDICTION OF THE COURTS OF HARTFORD COUNTY, CONNECTICUT, BOTH FEDERAL AND STATE, FOR RESOLUTION OF ANY DISPUTES IN CONNECTION WITH THE SWEEPSTAKES; (2) to be fully and unconditionally bound by, and to waive any right to claim ambiguity in, these Official Rules; (3) that the decisions of the Sponsors are final and binding on all matters relating to the Sweepstakes, including interpretation of these Official Rules and awarding of the prizes; (4) to the use of his/her name, voice, likeness, biographical data and/or information contained in his/her entry for advertising and promotional purposes in any and all media now known or hereafter devised, worldwide (including online) in perpetuity by the Sponsors, their promotional partners, and third party marketing entities, without additional compensation, review, or approval, except in Tennessee and where otherwise prohibited by law (but nothing contained in these Official Rules obligates Sponsors to make use of any of the rights granted herein and winners waive any right to inspect or approve such use); (5) that any and all disputes that cannot be resolved between the entrant and any Released Party, claims and causes of action arising out of or connected with this Sweepstakes, or the prize awarded, or the determination of the winners shall be resolved individually, without resort to any form of class action; and (6) that in the event of any dispute between the entrant and any Released Party: (a) entrant will not be permitted to obtain awards for, and hereby waives all rights to claim, punitive, incidental, consequential or special damages, lost profits and/or any other damages, including attorneys’ fees, other than entrant’s actual out-of-pocket expenses (if any), not to exceed ten dollars (); (b) entrant further waives all rights to have damages multiplied or otherwise increased; and (c) entrants' remedies are limited to a claim for money damages (if any) and entrants irrevocably waive any right to seek injunctive or equitable relief. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO PROVISION (6) ABOVE MAY NOT APPLY TO ALL ENTRANTS.
If any provision of these Official Rules shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Official Rules and shall not affect the validity and enforceability of any remaining provisions. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Official Rules will otherwise remain in effect and will be construed in accordance with their terms as if the invalid or illegal provision were not contained herein. Sponsors’ failure to insist upon or enforce strict performance of any provision of these Official Rules shall not be construed as a waiver of any provision or right. No waiver of any term or condition of these Official Rules shall be deemed a further or continuing waiver of such term or condition or any other term or condition. In the event of an alleged or actual ambiguity, discrepancy or inconsistency between disclosures or other statements contained in any Sweepstakes materials or the Sponsors’ web sites Terms of Use or Privacy Policies and the terms and conditions of these Official Rules, it will be resolved as determined by Sponsors in Sponsors’ sole discretion. EACH ENTRANT ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS THE WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON THE WINNER’S LIST.