FIT IS GO CW SWEEPSTAKES OFFICIAL RULES
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. The “Fit is Go CW Sweepstakes” (the “Promotion”) begins on Monday, September 29, 2008, at 8:00:00 p.m. and ends on Saturday, October 4, 2008, at 7:59:59 p.m. (the “Master Promotion Period”). All times are eastern time.
The Promotion is open to legal residents of any one (1) of the forty-eight (48) contiguous United States and the District of Columbia (collectively, the “U.S.”) who are eighteen (18) years of age or older and physically domiciled in the U.S. at the time of entry. Employees, directors and officers of The CW Network, LLC (“Sponsor”), American Honda Motor Co., Inc. (“Honda”), L.A. Promotion Development, Inc. (the “Administering Agency”), Warner Bros. Entertainment Inc., their respective parent companies and subsidiaries, affiliates, distributors, divisions, broadcast affiliates, or advertising and promotion agencies associated with the Promotion, or prize suppliers for the Promotion (collectively, the “Promotion Parties”) are not eligible to enter the Promotion or win any prizes. In addition, family members of (whether living in the same household or not) and those living in the same household as (whether related or not) any such employees, directors or officers are not eligible to enter this Promotion or win any prizes. For the purposes of the Promotion, family members are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren.
applicable federal, state and local laws and regulations apply. Void outside
the forty-eight (48) contiguous United States and the District of Columbia and
The Promotion is administered by the Administering Agency. By entering, participants agree to be bound by these Official Rules and the decisions of the Sponsor and Administering Agency, which are final and binding in all respects.
ENTER IN THE FOLLOWING WAY: Participants may enter the Promotion online only. Participants may enter one (1) time per hour per Fit Drawing period (as further defined below), which, for the purpose of this promotion, begins at 8:00:00 p.m. and ends at 7:59:59 p.m. the following day. Entries received before and/or after each respective Fit Drawing period and the Master Promotion Period will be void.
Sponsor will be the official timekeeper for the Promotion.
Access the Promotion on the World Wide Web at http://www.CWtv.com/Hondafit for the opportunity to win one of five (5) Honda Fit (model) automobiles. Follow the on-screen instructions to reach the Promotion registration page. On the registration page, follow the on-screen instructions to use the entry mechanism provided to CORRECTLY identify which color Honda Fit was featured in the participating The CW Network programming (from the options provided on the registration page) during the applicable Fit Drawing period.
In the spaces provided, enter the following information: your first name, last name, street address (no P.O. boxes allowed), city, state, zip code, daytime telephone number, e-mail address and date of birth.
Within the Master Promotion Period, there are five (5) individual drawings, each a “Fit Drawing,” as further defined in the “Winner Selection/Odds” paragraph below.
Entries received before and/or after the Master Promotion Period and/or each respective Fit Drawing period will be void.
Nonreadable, garbled or incomplete entries, as determined by the Sponsor or Administering Agency, at its sole discretion, will be disqualified. All entries become property of Sponsor and will not be returned or acknowledged. Entries that are submitted by a third-party entity on behalf of a participant, including, but not limited to, a Sweepstakes agent or agency, or entries that are forged, altered or are generated by a macro, bot or other automated means will not be accepted and will be void. Submission of false or misleading information by a participant will be grounds for disqualification of entry. Proof of submission of an entry will not be deemed proof of receipt of an entry by Sponsor or Administering Agency. All entries must be submitted legitimately.
In the event of a dispute regarding the identity of an entrant, the entry will be deemed submitted by the authorized account holder of the e-mail address provided, but only if that person meets all other eligibility criteria. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization that is responsible for assigning e-mail addresses for the domain name associated with the submitted e-mail address.
The Administering Agency will conduct five (5) Grand Prize drawings (each a “Fit Drawing”) on/about Friday, October 10, 2008, as detailed below.
Fit Drawing #1
(from all eligible entries received between 8:00:00 p.m. on Monday, September 29, 2008, and 7:59:59 p.m. on Tuesday, September 30, 2008)
Fit Drawing #2
(from all eligible entries received between 8:00:00 p.m. on Tuesday, September 30, 2008, and 7:59:59 p.m. on Wednesday, October 1, 2008)
Fit Drawing #3
(from all eligible entries received between 8:00:00 p.m. on Wednesday, October 1, 2008, and 7:59:59 p.m. on Thursday, October 2, 2008)
Fit Drawing #4
(from all eligible entries received between 8:00:00 p.m. on Thursday, October 2, 2008, and 7:59:59 p.m. on Friday, October 3, 2008)
Fit Drawing #5
(from all eligible entries received between 8:00:00 p.m. on Friday, October 3, 2008, and 7:59:59 p.m. on Saturday, October 4, 2008)
Specific to the individual Fit Drawings, if there are no eligible entries from which to select a winner for any individual Fit Drawing, that Fit Drawing’s prize will be awarded during the next drawing for which there are eligible entrants. Therefore, there could be two or more random drawings in one (1) Fit Drawing.
If a participant’s entry is randomly drawn and it meets the Promotion’s eligibility criteria, he/she could be eligible to win a prize (subject to the Sponsor’s verification process). If a potential prizewinner is found ineligible or fails to comply with these Official Rules, that individual’s claim to the prize is forfeited and an alternate randomly drawn eligible entrant will be contacted.
Odds of winning a Fit Drawing prize are determined by total number of eligible entries received by respective Fit Drawing end dates.
Total Approximate Retail Value (“ARV”) of all prizes in this Promotion: $87,900.00.
Five (5) Grand Prizes will be awarded: Each Grand Prize winner will receive a 2009 Honda Fit Sports. ARV of Grand Prize: $17,580.00. (Final MSRP of vehicle awarded based on, but not limited to, vehicle model, accessories and winner’s city of residence.)
Grand Prize Winner may be required to provide his/her valid state-issued driver's license and Social Security number, and be able to comply with any other legal or dealership requirements before being able to take possession of the prize (see Grand Prize Winner Notification Process paragraph below for complete disclosure).
Grand Prize winner will be issued an Internal Revenue Service form 1099 for the Grand Prize based on the actual ARV.
Actual Grand Prize vehicle awarded—model, year, color and accessories—may vary from that depicted in the advertising and promotional materials and is at the sole discretion of the Sponsor and subject to availability from manufacturer. Grand Prize winner must take delivery of the vehicle from a Honda dealership or authorized representative (“Representative”) near the winner’s home as designated by the Sponsor and/or Administering Agency.
Grand Prize does not include transportation to and from Grand Prize winner’s residence and the dealer providing the vehicle and/or any other expenses not specified in these Official Rules (except as indicated in the “Additional Prize Information/Taxes” paragraph). All of the expenses mentioned in the previous sentences are the sole responsibility of each respective Grand Prize winner.
Each Grand Prize winner must abide by, and is subject to, any and all minimum/maximum height, weight and health-related requirements or restrictions set forth by the automobile manufacturer.
If a Grand Prize winner is under the age of majority in his/her state of residence (hereinafter “UAOM”), a parent or legal guardian (hereinafter “Parent”) of that individual may be required to provide a valid Social Security number for tax purposes.
No more than the prize stated will be awarded.
No credit or cash will be given for any unused portion of the Grand Prize.
By entering this Promotion and accepting the Grand Prize, each Grand Prize winner agrees that Sponsor, the car dealership and designated Representative and the Administering Agency reserve the right to disqualify and remove the Grand Prize winner from any activity at any time if the Grand Prize winner’s actions at any point may or do cause damage to person, property or the reputation of any of the Promotion Parties.
GRAND PRIZE WINNER NOTIFICATION PROCESS:
On or about October 15, 2008, each tentative Grand Prize winner will be notified by telephone and/or e-mail by the Administering Agency using the contact information provided in his/her entry. If a tentative Grand Prize winner cannot be reached after a reasonable effort (as determined solely by the Administering Agency) has been made, such person may be disqualified and an alternate entry may be randomly selected from all eligible entries received.
Once Administering Agency has received verbal confirmation from a tentative Grand Prize winner of his or her desire to accept a Grand Prize (subject to verification of eligibility), that tentative Grand Prize winner will receive a Grand Prize Winner Affidavit of Eligibility/Release of Liability (“Affidavit”) via e-mail, mail or other courier service. If a Grand Prize winner is UAOM, a parent of that individual must complete the Affidavit for him/her and must complete the parent section of the Affidavit.
All Affidavits must be completed, notarized and returned to the Administering Agency (L.A. Promo, 302 Fairview Road, Suite P, Ojai, CA 93023) within seven (7) calendar days of tentative Grand Prize winner’s receipt of the Affidavit. A disqualification may result and an alternate entry may be randomly selected from all eligible entries received if the respective Affidavit is not returned to the Administering Agency within the specified time.
ADDITIONAL PRIZE INFORMATION/TAXES:
There is no substitution for any prize or any portion thereof, except due to unavailability, in which case a prize of equal or greater value will be awarded at the sole discretion of the Administering Agency and/or Sponsor. The Grand Prize is not transferable, assignable or redeemable for cash, except at the Sponsor’s sole discretion. All federal, state and local taxes (including, without limitation, any excise tax, sales tax and EPA tax or fee), as well as automobile insurance and all registration, title, dealer preparation, applicable destination charges, license, any upgrade or option packages, additional equipment and other expenses not specified herein, are the sole responsibility of the winner.
Grand Prize winner will be required to take delivery of the Grand Prize vehicle from a designated Honda dealership or Representative within thirty (30) calendar days of Grand Prize winner’s notification of vehicle availability. If the Grand Prize vehicle is not picked up within the thirty (30) calendar days, the Grand Prize winner shall automatically forfeit the Grand Prize vehicle and an alternate entry will be selected. If Grand Prize winner’s residence is outside a distance of seventy (70) miles of the designated Honda dealership or Representative, Sponsor will provide the Grand Prize winner with either a transportation allowance or transportation to the designated Honda dealership or Representative. Transportation fee or transportation to the designated Honda dealership or Representative is at Sponsor’s sole discretion. All other travel and transportation costs associated with collecting the Grand Prize vehicle from the designated Honda dealership or Representative are the sole responsibility of the Grand Prize winner.
By entering, each participant agrees that if selected as a tentative Grand Prize winner, Sponsor may, at its option, conduct a background check on participant, the results of which may disqualify participant as a Grand Prize winner. By accepting a prize, each Grand Prize winner agrees that Sponsor may, at its option, conduct a background check on the Grand Prize winner, the results of which may disqualify the Grand Prize winner. If necessary or requested, the Grand Prize winner agrees to sign waiver forms authorizing the release of personal and background information.
GRANT—HOW THE PROMOTION PARTIES MAY USE PERSONAE-RELATED MATERIALS AS DISCLOSED BELOW:
Except where prohibited by law, by entering this Promotion, each participant (or the participant’s parent if the participant is UAOM) grants the Promotion Parties the perpetual and irrevocable right and license to use his/her name, voice, photograph, visual and audio likeness, statements, biographical information, address and any information or material contained in his/her entry including his/her submitted photograph (collectively, “Personae-Related Materials”) on a worldwide basis, in any manner and in all venues and forms of media, in perpetuity, without further compensation, review or approval, including, without limitation, in and in connection with the Promotion, on Sponsor’s or Honda’s Web sites or related Web sites and any of Sponsor’s or Honda’s advertising and promotion materials and/or broadcasts in any form, without additional compensation, review or approval. In addition, by entering, each participant (or the participant’s parent if the participant is UAOM), except where prohibited by law, consents to being photographed, filmed, taped and/or interviewed about the Promotion, without additional compensation, review or approval. In connection therewith, each participant (or the participant’s parent if the participant is UAOM) grants full permission and consent to the Promotion Parties to utilize any of the results of such photographing, filming, taping and/or interviewing in any manner and in any and all media now known or hereafter devised and hereby releases the Promotion Parties from all liability related thereto.
Sponsor may require an additional separate written agreement with each Grand Prize winner at Sponsor’s sole discretion.
Participant (or the participant’s parent if the participant is UAOM) agrees that the Promotion Parties are not obligated to manufacture, broadcast or otherwise use or exploit any Personae-Related Materials or any part thereof. By submitting an entry, each participant (or the participant’s parent if the participant is UAOM) agrees to execute any documents or take any further action required by the Promotion Parties to effectuate the intention of the grants in these Official Rules and any other agreements made by each participant (or the participant’s parent if the participant is UAOM).
REPRESENTATIONS, WARRANTIES, DISCLAIMERS, RELEASES & INDEMNITY:
The Promotion Parties make no warranties, express or implied, in fact or in law, relative to the use or enjoyment of any prize. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SUCH PRIZE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND SPONSOR HEREBY DISCLAIMS ALL SUCH WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NONINFRINGEMENT.
By entering, each Participant (OR THE PARTICIPANT’S PARENT IF PARTICIPANT IS UAOM) and each of their agents, assignees, executors and successors agree to indemnify, defend, hold harmless and fully release and forever discharge EACH OF the Promotion Parties from and against any and all liabilities, costs, claims, alleged claims, demands, duties, rights, agreements, promises, damages, injuries, losses, expenses, liens and debt actions of any kind, including, without limitation, attorneys’ fees, whether now known or unknown, unforeseen or foreseen, arising out of or in any way connected with, directly or indirectly, participation in the Promotion, including, WITHOUT LIMITATION, personal injury or death, loss of enjoyment, or other harm or loss of any nature whatsoever caused or contributed to by or arising out of participation and/or entry in the Promotion, or resulting from acceptance, possession, quality, use or misuse of any prize, or any portion thereof, OR TRavel to or from any prize- or promotion-related activity. IF ANY OF THESE OFFICIAL RULES ARE DETERMINED TO BE INVALID OR UNENFORCEABLE, THESE RULES SHALL OTHERWISE REMAIN IN EFFECT AND SHALL BE CONSTRUED IN ACCORDANCE WITH THEIR TERMS AS IF THE INVALID OR UNENFORCEABLE PROVISION WERE NOT CONTAINED HEREIN.
EACH PARTICIPANT (OR THE PARTICIPANT’S PARENT IF PARTICIPANT IS UAOM) acknowledgeS that there is a possibility that subsequent to ENTERING THE PROMOTION AND AGREEING TO THESE OFFICIAL RULES, A PARTICIPANT will discover facts or incur or suffer claims which were unknown or unsuspected at the time A PARTICIPANT (OR THE PARTICIPANT’S PARENT IF PARTICIPANT IS UAOM) AGREED TO thESE OFFICIAL RULES, and which if known at that time may have materially affected A PARTICIPANT’S decision to AGREE TO THESE OFFICIAL RULES. BY ENTERING THIS PROMOTION, EACH PARTICIPANT (OR THE PARTICIPANT’S PARENT IF PARTICIPANT IS UAOM) acknowledgeS and agreeS that by reason of thESE OFFICIAL RULES, and the releaseS contained in the preceding paragraphs, EACH PARTICIPANT (OR THE PARTICIPANT’S PARENT IF PARTICIPANT IS UAOM) assumES any risk of such unknown facts and such unknown and unsuspected claims.
Each participant understands and agrees that all rights under Section 1542 of the California Civil Code and similar law of any state or territory of the United States are hereby expressly waived. Said section reads as follows:
1542 CERTAIN CLAIMS NOT AFFECTED BY GENERAL RELEASES. A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
Each participant (or the participant’s parent if the participant is UAOM) agrees that the Promotion Parties are not responsible for any typographical errors in these Official Rules or the advertising, promotion or offer of the Promotion. If the Promotion or, as applicable, the fulfillment of any prize or of a prize element becomes compromised, hampered, interrupted, not capable of running or being fulfilled as planned, rendered impossible of performance in any way or prevented, including, without limitation, because of any kind of human error, computer viruses, bugs, electronic, hardware, software, Internet, network, technical or telephone or mobile telephone failures, tampering, unauthorized intervention, fraud, an event of force majeure or any other cause created by Promotion Parties, the user or by any of the equipment or programming associated with or utilized in the Promotion, the Sponsor reserves the right, at its sole discretion, to change the Official Rules, to cancel, modify, suspend or withdraw the Promotion or any Promotion offer and/or cancel, modify, suspend or withdraw any method of entry, without notice, and select the winner from among all eligible entries received for the Promotion prior to or after the cancellation, modification, suspension or withdrawal. As used herein, an event of force majeure shall be deemed to include, without limitation, an act of God; an act of terrorism, war, riot or civil commotion; fire; casualties; boycott; labor dispute, strike or stoppage (including a strike by the members of any union); an act of any federal, state or local authority; or any other similar or dissimilar act beyond the Sponsor’s or Administering Agency’s control.
All participants, as a condition of entry, agree that they have not purchased any kind of Internet service whatsoever in order to participate in and/or enter the Promotion. Participants agree not to knowingly damage or cause interruption of the Promotion and/or prevent others from utilizing the Promotion. CAUTION: ANY ATTEMPT TO DAMAGE ANY SERVICE OR WEB SITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROMOTION VIOLATES CRIMINAL OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR AND/OR ADMINISTERING AGENCY MAY, AT ITS SOLE AND REASONABLE DISCRETION, DISQUALIFY ANY PARTICIPANTS MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES (INCLUDING ATTORNEYS’ FEES) TO THE FULLEST EXTENT PERMITTED BY LAW, INCLUDING CRIMINAL PROSECUTION.
All claims brought by a participant must be brought in the courts of the state of California and shall be governed by the laws of the state of California applicable to agreements executed and fully performed within the state of California.
OFFICIAL RULES AND WINNERS LIST:
To view and download a copy of the Official Rules during the Promotion Period and for a six (6)-month period after the Promotion Period or to view and download a copy of the winners list for a six (6)-month period after the selection and posting of winners by the Administering Agency, visit http://www.rulesandwinners.com. In the field provided, enter the code word Hondafit.
Sponsor: The CW Network, LLC, 4000 Warner Blvd, Burbank, California.
Administering Agency: L.A. Promotion Development, Inc., P.O. Box 70, Ojai, California.
© 2008 The CW Network, LLC. All rights reserved. These Official Rules and all derivative forms in any configuration © 2008 L.A. Promotion Development, Inc. All rights reserved.