WFTV NORWEGIAN CRUISE LINE® 2015 SWEEPSTAKES
OFFICIAL RULES
1.NO PURCHASE NECESSARY TO ENTER OR WIN. The WFTV Norwegian Cruise Line® 2015 Sweepstakes (the “Promotion”) is sponsored by Cox Media Group, Inc. d/b/a WFTV Channel 9 (“WFTV”) and Norwegian Cruise Line® (“Norwegian Cruise Line®”) (together, the “Promotion Parties”). Promotion is only offered in the WFTV viewing area in the Florida counties of Brevard, Flagler, Indian River, Lake, Marion, Orange, Osceola, Polk, Putnam, Seminole, Sumter, and Volusia (the “Promotion Area”). Void outside Promotion Area and where prohibited.
2.Promotion is subject to all federal, state and local laws. WFTV shall be entitled to interpret these Official Rules as needed — including but not limited to rules regarding entries, deadlines, winner selection, prize restrictions, and eligibility — and all of its decisions are final. By entering, each entrant irrevocably, fully and unconditionally agrees to be bound by these Official Rules and waives any right to claim ambiguity in these Official Rules and or any other Promotion-related advertising or materials.
3.Promotion begins on January 22, 2015 at 4:00 p.m. Eastern Time (“ET”). Entry deadline is February 19, 2015 at 12:00 p.m. (noon) ET. Drawing to determine potential winner will be held on or about February 23, 2015. WFTV’s computer is the official time-keeping device for this Promotion.
4.Winner will be issued an IRS 1099 MISC tax form (or its equivalent) for the ARV of the prize awarded if required and is solely and exclusively responsible for any and all state, federal or local income taxes that may result from his or her acceptance of prize.
ELIGIBILITY
5.To be eligible, each participant must be at least twenty-one (21) years old and a legal resident of the Promotion Area (above).
6.Officers, directors, members and employees of WFTV and Norwegian Cruise Line®, any other entity directly involved in the development or administration of this Promotion, and the members of their immediate families (defined as spouses, parents, siblings, children, and grandchildren, including "steps" and "in-laws" of each) and households (whether or not related), are not eligible to enter or win. The term "household" includes all persons residing together in a single residence, whether or not related.
PRIZE
7.Grand Prize (1): Certificate redeemable for a seven (7) day cruise for winner and one (1) guest in single minimum category oceanview stateroom cabin on Norwegian Cruise Line® (Caribbean Itinerary), which must be used in its entirety no later than February 20, 2016 and which is subject to restrictions below (the “Cruise Prize”). Approximate Retail Value (“ARV”): $2,100.00.
8.The odds of winning depend on the number of entries received.
SPECIFIC PRIZE RESTRICTIONS
9.Cruise Prize is subject to the following restrictions and limitations of Norwegian Cruise Line®.
10.Norwegian Cruise Line® will offer space based on the following:
a.(1) Minimum category oceanview stateroom cabin, for two people on a 7-day cruise for two (Caribbean itinerary) on Norwegian Cruise Line. Airfare is not included. Actual retail value of an oceanview accommodation is valued at $2,100.00 per stateroom, per brochure rate.
b.If actual value is less than stated ARV, difference will not be awarded. ARV is based on average of pricing currently available. The cruise prize will be awarded via cruise certificate. Cruise prize must be fully redeemed – reservation, booking and travel must be completed by February 20, 2016 otherwise winner will forfeit prize.
c.Additional persons traveling in the stateroom will pay applicable 3rd/4th passenger rate.
d.Cruise prize is subject to terms of cruise certificate, and terms are subject to Norwegian Cruise Line’s discretion and availability at time of booking. Blackout dates may apply including sailings impacting major holidays (i.e. Thanksgiving, Christmas and New Year’s).
e.Winner and travel companion must be available to travel on the same itinerary. Unless child of winner, travel companion must be 18 years of age or older as of the date of departure. Norwegian Cruise Line must be notified no later than 45-60 days prior to sailing date to ensure cabin space availability. Name and departure date changes are not allowed and will forfeit cabin space.
f.Not included are government taxes and fees, non-commissionable fares, fuel supplement surcharges, gratuities, ground transportation, shore excursions, bar charges, restaurant cover charges and other personal expenditures, transfers, and onboard personal purchases. IMPORTANT NOTICE: Norwegian reserves the right to charge a fuel supplement without prior notice should the closing price of West Texas Intermediate Fuel increase above $65 per barrel on the NYMEX (New York Mercantile Exchange Index). In the event a fuel supplement is charged, Norwegian will have sole discretion to apply the supplementary charge to both existing and new bookings, regardless of whether such bookings have been paid in full. Such supplementary charges are not included in the cruise fare. The fuel supplement charge will not exceed $10.00 per passenger per day.
g.Once a cabin has been confirmed, changes will not be accepted. All expenses and incidental travel costs not expressly stated in the prize package description above are the sole responsibility of Grand Prize winner. Prize may be subject to blackout periods, and other restrictions may apply. Grand Prize winner and guest are responsible for obtaining any insurance (including but not limited to, any travel or health insurance).
h.Grand Prize winner and travel companion are responsible for obtaining identification documents necessary for travel. Grand Prize winner and travel companion must travel on identical itinerary. Unless a child of the Grand Prize winner, guest must be at least eighteen (18) years of age as of the date of departure. If Grand Prize winner does not designate a guest in accordance with these Official Rules, no consideration will be provided to the Grand Prize winner for the value of the guest’s portion of the prize package. No credit or cash will be given for any unused portion of the Grand Prize.
GENERAL PRIZE RESTRICTIONS
11.Without limiting the foregoing, Cruise Prize is subject to the following additional restrictions and limitations.
a.Actual value of prize may vary depending on dates selected and industry or seasonal fluctuations. If actual value of the prize awarded is less than ARV stated above, winner will not be entitled to any compensation or reimbursement for difference in value.
b.Prize is not redeemable for cash and may not be sold, bartered or auctioned. Prize or portion thereof not used or accepted by winner is forfeited and no cash substitute will be offered or permitted. The right to receive any prize is not transferrable. Prize may not be substituted except that WFTV in its discretion may substitute a prize, or portion thereof, with a prize or portion of equal or greater value if it deems necessary. Any such changes will be announced.
c.All prize details shall be at WFTV’s sole discretion. Winner assumes sole responsibility for all expenses and incidental costs associated with the prize not explicitly outlined above, including without limitation, all federal, state and local taxes (if any), any other taxes, fees, surcharges, additional lodging, air or ground transportation, tips, gratuities, parking, souvenirs, concessions, additional meals, snacks, beverages, sightseeing, excursions, upgrades, baggage fees, hotel services, telephone charges, passenger fees, and incidentals. Guest (or winner, if guest is child of winner) may be required to sign liability waiver and publicity release prior to confirmation of reservations.
d.Cruise Prize must be used on dates set forth above in prize description and winner and guest must travel on same itinerary. Cruise dates are subject to availability and confirmation of reservations. Restrictions/blackout dates may apply. No refund or compensation will be made in the event of the cancellation or delay of any air or ground transportation. Cruise Prize is subject to the terms and conditions set forth in this Promotion, and those set forth by Norwegian Cruise Line® as detailed in its relevant passenger documents. WFTV will not replace any lost, mutilated, or stolen tickets, travel vouchers or certificates.
e.Prize offered is provided “as is” with no warranty or guarantee either express or implied by Promotion Parties. Promotion Parties have neither made nor are responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the prize. Other restrictions apply.
TO ENTER
12.Entries will be accepted beginning January 22, 2015 at 4:00 p.m. ET and ending February 19, 2015 at 12:00 p.m. (noon) ET. To enter, visit www.wftv.com/s/marketplace/contests (the “Promotion Page”) and follow the instructions to complete an official entry form with all required information, which may include name, address, telephone number, e-mail address, and date of birth or age. Entries will not be accepted via any other method.
13.All entries must be received by WFTV no later than February 19, 2015 at 12:00 p.m. ET. Proof of sending is not proof of receipt by WFTV. WFTV will not accept screen shots as proof of entry.
14.Limit one (1) entry per person per day. A "day" consists of one (1) continuous twenty-four (24) hour period. Additional entries received from any such person thereafter will be subject to disqualification. Any use of robotic, repetitive, automatic, programmed, script, macro, or any other automated means or similar entry methods or agents (including, but not limited to, contest-entry services or multiple or different e-mail addresses, identities, registrations, accounts, or logins) are prohibited and will void all entries submitted by that entrant. No group submissions will be accepted.
15.Entries must include a valid e-mail address for the entrant. WFTV is not responsible for electronic communications that are undeliverable as a result of any form of passive or active filtering of any kind. In the event of a dispute as to the identity or eligibility of a winner based on an e-mail address, the entry will be deemed made by the “Authorized Account Holder” of the e-mail address used for entry. The Authorized Account Holder is the natural person who is assigned to the e-mail address by the relevant Internet access provider, online service provider, or other organization responsible for assigning e-mail addresses for the corresponding domain.
16.Entrants who fail to provide any required information may be disqualified without further notification by WFTV. WFTV is not responsible for entries that are lost, misdirected, garbled, distorted, truncated, incomplete, illegible, incorrect or late for any reason, and all such entries are void. WFTV reserves the right in its sole discretion to disqualify any entry at any time that in its opinion does not comply with these Official Rules. Entries become the property of WFTV and will not be returned or acknowledged.
17.The information that you provide in connection with the Promotion may be used by WFTV in accordance with its Privacy Policy, which is found at www.wftv.com/privacy_policy and which may be updated from time to time.
SELECTION, NOTIFICATION AND VERIFICATION OF WINNER
18.On February 23, 2015, or within a reasonable time thereafter, WFTV or its designee will randomly choose one (1) name from all timely entries received. Subject to verification of eligibility, the person whose name is so drawn will be declared the winner.
19.WFTV will contact the potential winner in accordance with the information supplied to WFTV on his or her entry form. Winner must respond to initial notification within forty-eight (48) hours and may be required to present valid photo identification and/or to sign an affidavit or declaration of eligibility, liability waiver, publicity release (where legal), tax forms and/or other legal documents to WFTV in person no later than five (5) business days after initial notification and as a condition of receiving prize. WFTV, in its sole discretion may allow for transmission of verification documents via fax or e-mail. Winner must pick up prize certificate at WFTV's offices at 490 E. South Street, Orlando, FL, on a non-holiday week day during normal business hours (9:00 a.m. to 5:00 p.m.).
20.In the event that potential winner (a) cannot be contacted directly by, or does not respond to, WFTV within forty-eight (48) hours of initial attempted notification, (b) fails to satisfy any eligibility or verification requirement herein, (c) declines to accept the prize, (d) or is otherwise determined to be ineligible, WFTV in its discretion may disqualify that individual and an alternate winner will be chosen by random drawing as soon as reasonably practicable after such disqualification. Any alternate winners are subject to all eligibility requirements and restrictions of these Official Rules. WFTV will conduct up to three (3) alternate drawings. If WFTV cannot verify a winner after three (3) alternate drawings, no further drawings will be held and the prize will not be awarded.
21.WFTV may, in its sole discretion, post the verified winner's name on the Promotion Page and/or any of WFTV’s websites, including www.wftv.com, www.facebook.com/icFlorida, www.icFlorida.com, and/or www.facebook.com/wftv.
PUBLICITY RELEASE
22.By accepting a prize, winner agrees to award WFTV the right to publicize his or her name, photographs (including the use and appearance of winner's photograph on WFTV’s websites), likeness, biographical information, e-mail address, voice and details of winning for purposes of this and future promotions without further compensation, except where prohibited.
LIMITATION OF LIABILITY & DISCLAIMER OF WARRANTIES
23.Participants agree that WFTV, Norwegian Cruise Line®, Cox Media Group Television, Facebook, and any other company involved in the development or administration of this Promotion, and a range of subsidiaries, directors, agents, agencies, affiliates, franchisees, promoters, prize suppliers, officers, directors, employees and related persons (collectively, the “Released Parties”): (a) are not responsible for technical failures of any kind, including but not limited to lost, disconnected, interrupted, or unavailable network, server, or other connections, late, lost, undeliverable, damaged or stolen mail, or for any failed telephone or computer hardware or software, or for any failed, delayed, misdirected, corrupted, or garbled transmissions or errors of any kind, whether human, mechanical, or electronic, or for entries that for any reason are not received by WFTV by any deadline stated above; (b) are not responsible for any incorrect or inaccurate information, whether caused by entrants, printing, typographical or other errors or by any of the equipment or programming associated with or utilized in the Promotion or in the printing of this offer, administration of this Promotion, or in the announcement of the prize; (c) are not responsible for any injury or damage to any computer, modem or other electrical device as a result of participation in this Promotion or downloading of any software or materials; (d) are not responsible for unauthorized human intervention in any part of the Promotion; (e) are not responsible for any printing, typographical, technical, computer, network or human error that may occur in the administration of the Promotion, the acceptance of entries, the selection of winner, the prize or otherwise in any Promotion-related materials; (f) are not responsible for any unauthorized third party use of any entry; (g) are not responsible for the inability to select winner because of postal failure, equipment failure, or data storage failure; and (h) are released from any and all alleged, existing, or future actions, claims, and/or liabilities of whatever nature including, but not limited to, personal injury, bodily injury (including, without limitation, wrongful death and disability), property damage, and expense (including, without limitation, reasonable attorneys’ fees) and loss or damage of any other kind, arising in whole or in part directly or indirectly, from participating in the Promotion (in whole or in part), the use (including modification, adaptation, and reproduction) of entry materials during or after the Promotion, and the delivery, acceptance, possession, redemption, use, misuse, loss, or misdirection of the prize.
24.RELEASED PARTIES EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND (WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE), INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. RELEASED PARTIES SHALL NOT BE LIABLE OR RESPONSIBLE FOR THOSE GUARANTEES OR WARRANTIES MADE OR OFFERED BY ADVERTISERS, PARTNERS, MANUFACTURERS OR SUPPLIERS, INCLUDING THOSE RELATED TO THE PRIZE. UNDER NO CIRCUMSTANCES SHALL RELEASED PARTIES BE HELD RESPONSIBLE OR LIABLE FOR YOUR USE OF THE INFORMATION AND/OR PRODUCTS PROVIDED AND/OR MADE AVAILABLE THROUGH THE PROMOTION OR FOR ERRORS OR ANOMALIES RESULTING IN THE UNINTENDED OR ERRONEOUS PARTICIPATION, AWARD OF THE PRIZE OR OTHER BENEFITS UNDER THESE OFFICIAL RULES. RELEASED PARTIES OFFER NO ASSURANCES, GUARANTEES OR WARRANTIES THAT THE PROMOTION OR RELATED WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE AND DO NOT GUARANTEE THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE PROMOTION. RELEASED PARTIES WILL NOT BE LIABLE, AND ARE NOT RESPONSIBLE, FOR DAMAGES OF ANY KIND RELATED TO YOUR PARTICIPATION IN OR INABILITY TO PARTICIPATE IN THE PROMOTION, WHETHER THE DAMAGES ARE DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL.
25.BY ENTERING THE PROMOTION AND/OR ACCEPTING A PRIZE, YOU AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR, AND WILL BE HELD HARMLESS BY YOU AGAINST, ANY LIABILITY FOR ANY DAMAGE, INJURY OR LOSS TO PERSON (INCLUDING DEATH) OR PROPERTY RELATED IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, TO ACCEPTANCE, POSSESSION, REDEMPTION, USE OR MISUSE OF PRIZE, PARTICIPATION IN ANY PRIZE-RELATED ACTIVITY, USE BY A RELEASED PARTY OF ANY ENTRY, PARTICIPATION IN THE PROMOTION, OR ANY OTHER CLAIM OR CAUSE OF ACTION YOU MAY HAVE AGAINST A RELEASED PARTY.
26.SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU IN WHOLE OR IN PART.
MISCELLANEOUS
27.WFTV reserves the right to cancel, suspend or terminate this Promotion or any part thereof, in the event that WFTV determines, in its sole discretion, that the security, administration, fairness and/or operation of the Promotion has been corrupted or impaired by any non-authorized intervention, network failure, information storage failure, telecommunications failure, malfunction, or any other cause beyond WFTV’s control. In such an event, WFTV will post notice of same at the Promotion Page and select the winner by conducting a random drawing from among all non-suspect entries received prior to the suspension, cancellation or termination of the Promotion or in such other manner as WFTV, in its sole discretion, deems fair and appropriate under the circumstances.
28.WFTV reserves the right to disqualify any individual from further participation in the Promotion if WFTV concludes, in its sole discretion, that such person (a) has attempted to tamper with the Promotion process or other operation of the Promotion, (b) has repeatedly disregarded or has attempted to circumvent these Official Rules, or (c) has acted towards WFTV or any other Promotion Party or participant in an unfair, inequitable, deliberately annoying, threatening, disrupting or harassing manner. Tampering includes attempting to enter more than the number of times permitted herein, including through the use of any prohibited device or method. Any failure by WFTV to enforce any of these Official Rules shall not constitute a waiver of such Official Rules.
29.ANY ATTEMPT BY ANY INDIVIDUAL TO DEFRAUD, TAMPER WITH, OR DELIBERATELY UNDERMINE, THE LEGITIMATE OPERATION OF THE PROMOTION MAY BE A VIOLATION OF CRIMINAL AND/OR CIVIL LAWS AND WFTV RESERVES THE RIGHT TO PURSUE ANY AVAILABLE DAMAGES OR REMEDIES AGAINST SUCH INDIVIDUAL AND/OR REFER SUCH MATTERS TO LAW ENFORCEMENT FOR PROSECUTION TO THE FULLEST EXTENT PERMITTED BY LAW.
30.All activity arising out of and relating to the Promotion, including any reference to an entrant's status as a "winner," is subject to verification and/or auditing for compliance with the Official Rules. If WFTV determines, in its sole discretion, that verification or auditing activity evidences non-compliance of an entry and/or entrant with the Official Rules, WFTV reserves the right to disqualify such entry and/or entrant from the Promotion and the prize at any time. WFTV reserves the right to conduct a background check on any or all potential winners and to disqualify any individual based on such background check if WFTV determines in its sole discretion that awarding a prize to any such individual might reflect negatively on WFTV. Each entrant agrees to cooperate with WFTV and its representatives in connection with any and all verification, auditing and/or background check activities.
31.WFTV reserves the right to correct typographical, printing or clerical errors in any promotion-related materials. No more than the stated number of prizes will be awarded. In the event that production, technical, seeding, programming or any other reasons cause more than the stated number of prizes as set forth in these Official Rules to be available and/or claimed, WFTV reserves the right to award only the stated number of prizes by a random drawing from among all legitimate, un-awarded, eligible prize claims.
DISPUTES
32.By entering the Promotion, each entrant agrees that (a) any and all disputes, claims, and causes of action arising out of or connected with the Promotion, or any prize awarded, shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Promotion, but in no event attorneys' fees; and (c) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim, punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages other than actual out-of-pocket expenses. Some jurisdictions do not allow for limitations on the ability to pursue class action remedies, or certain kinds of damages, and so these limitations may not apply to you.
33.All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the participants or Released Parties in connection with the Promotion, shall be governed by Florida law, without giving effect to any choice of law rules that would cause the application of the laws of any jurisdiction other than Florida. Each entrant expressly agrees that any legal proceedings arising out of or relating in any way to this Promotion or these Official Rules shall be brought only in the federal or state courts located in Orange County, Florida, and each entrant consents to the mandatory and exclusive jurisdiction in such courts with respect to any such legal proceedings.
34.In the event of any discrepancy or inconsistency between any terms or conditions of these Official Rules and any disclosures or other statements contained in any other Promotion-related materials, including but not limited to the Promotion entry forms, or point of sale, television, print, mobile or online advertising, the terms and conditions of these Official Rules shall prevail, govern and control. In the event that any provision of these Official Rules is determined to be invalid or otherwise unenforceable or illegal, these Official Rules shall otherwise remain in effect and be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.
WINNER'S NAME/OFFICIAL RULES
35.For a copy of the Official Rules or the final Winner's Name, visit the Promotion Page or www.wftv.com or mail a SASE to: WFTV Norwegian Cruise Line® 2015 Sweepstakes c/o WFTV, 490 E. South St., Orlando, FL 32801, specifying either “Winner's Name” or “Official Rules.” Winner's Name will be available after March 23, 2015.
TRADEMARKS
36.Facebook is not a sponsor of this Promotion. Any third party trademarks mentioned herein are the property of their respective trademark owners. The use or mention of such third party trademarks in these Official Rules or in the Promotion is solely for descriptive purposes and shall in no way imply an endorsement or sponsorship of the Promotion.
QUESTIONS
37.If you have any questions regarding this Promotion, please contact WFTV Contests at (407) 841-9000.
ABBREVIATED RULES
NO PURCHASE NECESSARY. Starts 1/22/15 at 4 pm ET. Open only to legal FL residents of WFTV viewing area, 21+. Enter at wftv.com by 2/19/15 at 12 pm ET. Limit 1 entry per person/day. Winner selected 2/23/15. GP (1): 7-day Caribb Cruise on Norwegian Cruise Line®. ARV: $2,100. Guest must be 18+ or child of winner. Odds of winning dep on # of entries. Winner resp for all taxes/costs not stated above. Other restrs & elig limits apply. For full rules & Winner's Name (avail 3/23/15), visit wftv.com or send req w/SASE to WFTV, 490 E South St, Orlando, FL 32801. Sponsors: WFTV & Norwegian Cruise Line®. Void where prohibited.
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