The following promotion is intended for participants in the United States only and shall be construed and evaluated according to the laws of the United States. Do not proceed in this promotion if you are not a legal resident of the United States. Further eligibility restrictions are contained in the official rules below.
1. ENTRY: NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN THIS SWEEPSTAKES. A PURCHASE WILL NOT INCREASE YOUR CHANCE OF WINNING. The "Summer of Opportunity" Sweepstakes (the "Sweepstakes") consists of four (4) entry periods, one for each week the Sweepstakes is being offered (collectively, the "Entry Periods" and each, an "Entry Period"). Entry Periods are tied to the airing of code words on FOX Business Network on the following dates: July 6-10, July 13-17, July 20-24 and July 27-31, 2009 (together, the "Sweepstakes Period"). Each day of the Sweepstakes Period, a unique code word ("Code") which is needed to enter the Sweepstakes for that day will be announced on FOX Business Network during the following hours: 8:00-9:00 AM ET, 3:00-4:00 PM ET, and 5:00-6:00 PM ET. In addition, the Code will be included in a video clip of up to 30 seconds in length which will be posted at www.foxbusiness.com/contest by 9:00 AM ET each day of the Sweepstakes Period. There will be a different Code announced each day. To receive an entry into the Sweepstakes, entrants must correctly enter that day's Code on their online entry form and submit the entry by 11:59 PM ET on the day the Code was announced. There is a limit of one entry per Code per person/email address. Multiple entries for any one Code from any one person/email address will void all but the initial entry for that day. No automated entries permitted. Any attempt by a person to use multiple email accounts or identities to gain more entries than permitted by these Official Rules shall result in disqualification at the discretion of the Sponsor and/or Sweepstakes Administrator. By entering, participants warrant and represent that they agree to be bound by these Official Rules and the final decisions of the Sponsor and Sweepstakes Administrator (as defined below).
To enter, log onto the website at www.foxbusiness.com/contest during the Sweepstakes Period and submit an entry which includes all required information and the correct Code for the date of entry. Submit the entry so that it is received by 11:59 PM ET on the day that Code was announced. An entry will not be valid if the Code is submitted on a day other than the day the Code was announced.
FOX News Network, LLC ("Sponsor") shall serve as the sponsor of the Sweepstakes and The Promotional Edge, Inc. ("Sweepstakes Administrator") shall serve as the Sweepstakes Administrator. A computer selected by Sweepstakes Administrator shall serve as the official time keeping device for this Sweepstakes. When you enter, you will be asked to provide, among other things, your name, phone number, date of birth, and email address. All entries become property of Sponsor and will neither be acknowledged nor returned by Sponsor or Sweepstakes Administrator. If a potential prize winner is disqualified for any reason, the prize will be awarded to an alternate winner by random selection. Entry information will be treated in accordance with Sponsor's privacy policy. Incomplete, illegible, false or deceptive entries are void. Sponsor may reject any entry it believes is the result of fraud or was submitted in violation of these Official Rules.
2. ELIGIBILITY: From the official time and date of the start of the Sweepstakes Period through the final date of prize fulfillment, you must be a lawful permanent United States resident of the 50 United States or the District of Columbia and be at least 18 years of age. This Sweepstakes is void in Puerto Rico, all U.S. territories and possessions, and where prohibited by law. The Sweepstakes, and any website pages and advertisements relating thereto are intended for viewing only within the United States. This Sweepstakes is governed by U.S. law and is subject to all applicable federal, state and local laws and regulations. Employees of the Sponsor and Sweepstakes Administrator, including their advertising and promotion agencies, and any other entities participating in the promotion, marketing, administration or fulfillment of this Sweepstakes, as well as each of their parent entities, affiliated companies and subsidiaries (collectively the "Sweepstakes Entities") and employee's immediate families (defined as spouse, parent, sibling, son, daughter, uncle, aunt, nephew, niece, grandparents and in-laws regardless of where they live) and members of their households (whether related or not) are not eligible to participate in this Sweepstakes.
3. PRIZES/ODDS: Four (4) prizes will be awarded, one for each Entry Period. Each prize will consist of $10,000.00 cash, to be awarded as a check made payable to the winner. In addition, the winner for the July 27-31, 2009 Entry Period will receive a trip for two (2) people to New York City, for 4 days/3 nights (the "Trip"). The Trip consists of (i) round trip coach class air transportation for two (2) on a carrier of Sponsor's choice from the major airport closest to winner's residence to New York; (ii) one standard hotel room accommodations (double occupancy; room rate and tax only) for three (3) nights in New York, New York; (iii) ground transportation between airport and hotel; (iv) a tour of the FOX Business Network studios; and (v) a visit to the set of Happy Hour. The total approximate retail value ("ARV") of the Trip is $4,700. The actual value will vary depending on winner's city of departure. Therefore, the actual value of the Trip awarded may be lower or higher than the ARV at the time of fulfillment. If the actual value is less than the stated ARV, the difference will not be awarded in cash. Sponsor may substitute for air travel if winner lives in close proximity to New York City. All expenses or costs incurred by winner or winner's travel companion(s) associated with the Trip receipt or use that are not specifically and expressly stated herein above are not included in the Trip package and are the sole responsibility of the winner and his/her travel companion. Such expenses and costs may include, without limitation, any additional ground transportation, meals, incidentals, tips, telephone calls or other personal expenses and costs not specified herein but relating to the use or acceptance of the Trip package which are the sole responsibility of the Trip winner and his/her travel companion. Trip winner must travel on dates specified by Sponsor (estimated to be within one year of award), or winner may forfeit prize. Travel is subject to availability and blackout periods. Selection of airline carrier and hotel are at the sole discretion of the Sponsor. Additional restrictions may apply. Trip winner and his/her travel companion will be required to travel on the identical itinerary. Trip winner and travel companion are responsible for obtaining identification documents and/or other travel documents required for the Trip. Sponsor will not replace any lost or stolen tickets, vouchers, certificates, prizes or prize components once they are in the Trip's possession. No transfer, or cash or other substitution of any prize allowed except if any element of the Trip is postponed or cancelled for any reason after travel is arranged, the balance of trip will be awarded in full satisfaction of prize, and no additional prize will be awarded. Travel and accommodations are subject to availability and certain restrictions.
ALL EXPENSES, TAXES AND COSTS ASSOCIATED WITH ACCEPTANCE AND USE OF THE PRIZES NOT SET FORTH IN THESE RULES ARE THE SOLE OBLIGATION OF THE WINNER. Sponsor reserves the right to award a prize of equal or greater value in the event an advertised prize is unavailable.
4. DRAWINGS/ODDS OF WINNING: A random drawing will be conducted for each Entry Period the day after the close of the Entry Period at or around 9:00 AM ET. The winner will be contacted by phone and/or email following the drawing and will be announced on-air between 5:00 PM ET - 6:00 PM ET the Monday following the drawing. For example, the winner from the first Entry Period (July 6-10, 2009) will be chosen and contacted on July 11, 2009 and will be announced on-air on July 13, 2009, and so on.
A potential winner may be announced pending verification of eligibility. If the potential winner does not meet the eligibility criteria, an alternate winner will be selected and no prize will be awarded to the potential winner. By entering, the potential winner is granting permission for their name, city and state to be announced on FOX Business Network and online at www.foxbusiness.com.
Potential winners may be notified by phone, email, regular mail and/or express mail. Failure by the potential winner to respond to such notification within a reasonable time frame, as determined by Sponsor and/or Sweepstakes Administrator in their absolute and sole discretion, will result in disqualification of the potential winner and an alternate potential winner will be selected. The return of a potential winner's notification, prize information, or the prize as undeliverable or rejection of the prize by the potential winner will result in disqualification of the potential winner and an alternate potential winner will be selected. Sponsor reserves the right to modify the notification procedures in connection with the selection of any alternate potential winners, if any. AN ENTRANT IS NOT A WINNER OF ANY PRIZE UNLESS AND UNTIL ENTRANT'S ELIGIBILITY HAS BEEN VERIFIED AND ENTRANT HAS BEEN NOTIFIED VERIFICATION IS COMPLETE. If a winner is 18 or older, as is required for entry, but not of the age of majority in his/her state of residence, prize will be awarded in the name of parent or legal guardian who must sign any and all documents required of winner. Odds of winning will be determined by the number of eligible entries received for each drawing.
5. GENERAL: All taxes on prizes and all expenses related to acceptance and use of prizes and not specified herein are the sole responsibility of winners. Winners of prizes having an approximate retail value of $600 or more will be issued an IRS 1099 form for the approximate retail value of their prize. Except where prohibited, all potential winners will be required to sign and return an Affidavit of Eligibility, a Liability Release, a Publicity Release, and a Tax Acceptance Form within two (2) business days of first attempted notification. The travel companion of potential Trip winner must sign and return a Liability and Publicity Release prior to travel documents being issued, except where prohibited. Such documents must be signed and returned by the date and/or time indicated within such documents. If a potential winner fails to return required documentation in a timely manner, the prize will be forfeited and an alternate winner will be selected. Trip winner will also be required to send a copy of his/her passport, driver's license, birth certificate or other appropriate documentation (acceptable to Sponsor) as proof of age and residency. Non-compliance with any of these requirements may result in disqualification, in which case an alternate winner may be chosen. Return of prize notification, and/or Affidavit/ Release or Tax Acceptance Form as undeliverable will result in disqualification and an alternate winner may be selected. Any person attempting to defraud or in any way tamper with this Sweepstakes and any person who does not comply with these Official Rules, will be ineligible for any prize(s) and may be prosecuted to the full extent of the law. By entering, participants (a) agree to be bound by these Official Rules and the decisions of the Sponsor (including but not limited to eligibility determinations) which are final and binding in all respects; (b) agree to release Sponsor and Sweepstakes Administrator and the Sweepstakes Entities from any and all liability, loss, damage or injury resulting from participation in this Sweepstakes or awarding, receipt, possession, use and/or misuse of any prize awarded herein and acknowledge that neither Sponsor nor Sweepstakes Administrator nor any Sweepstakes Entities have made or is in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to any prize including, but not limited to, its quality, mechanical condition or fitness for a particular purpose; and (c) consent to use of his/her name, photograph and/or likeness for advertising and promotional purposes in connection with this Sweepstakes without additional compensation, unless prohibited by law. Entrant waives the right to assert as a cost of winning a prize any and all costs of verification and redemption or travel to redeem said prize and any liability which might arise from redeeming or seeking to redeem said prize. Sponsor and Sweepstakes Administrator are not responsible for fraudulent calls or emails made to entrants not by the Sponsor or Sweepstakes Administrator. All federal, state or other tax liabilities (including income taxes) arising from this Sweepstakes will be the sole responsibility of the winner. Except where prohibited by law, each winner's entry and acceptance of the prize constitutes permission for the Sweepstakes Entities to use said winner's and his/her travel companion's (if any) name, photograph, likeness, statements, biographical information, voice, and city and state address for promotional or advertising purposes in connection with this Sweepstakes on a worldwide basis, and in all forms of media, now or hereafter known, in perpetuity, without review, permission or further compensation. All entries are subject to verification prior to awarding of prize. Eligibility, age, and claims made by a prize winner also are subject to verification prior to awarding of prizes.
6. SWEEPSTAKES CONDITIONS: VOID WHERE PROHIBITED. This Sweepstakes is subject to all applicable federal, state and local laws of the United States. By participating, entrants agree to be fully and unconditionally bound by these Official Rules and the decisions of the Sponsor and Sweepstakes Administrator, and waive any right to claim ambiguity in the Sweepstakes or these Official Rules. Winner and entrants also agree to release, discharge, indemnify and hold harmless the Sweepstakes Entities and each of their respective officers, directors, employees, representatives and agents from and against any claims, damages, disability, attorneys' fees, and costs of litigation and settlement, as well as any liability due to any injuries, damages or losses to any person (including death) or property of any kind resulting in whole or in part, directly or indirectly, from (i) redemption, acceptance, possession, ownership, misuse or use of any prize or participation in any Sweepstakes-related activity or participation in this Sweepstakes, or (ii) printing, distribution or production errors. Sponsor or its affiliates may rescind any promotion found to contain such errors without liability at its sole discretion. NEITHER SPONSOR NOR THE SWEEPSTAKES ENTITIES MAKE ANY WARRANTY, REPRESENTATION OR GUARANTEE, EXPRESS OR IMPLIED, IN FACT OR IN LAW, RELATIVE TO THE USE OF ANY PRIZE, INCLUDING, WITHOUT LIMITATION, QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE (UNLESS SPONSOR PROVIDES THE PRIZE WINNER WITH WRITTEN WARRANTIES). FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
7. LIMITATIONS OF LIABILITY: Sweepstakes Entities are not responsible for: (1) lost, late, misdirected, undeliverable or incomplete entries due to system errors or failures, or faulty transmissions or other telecommunications malfunctions and/or entries; (2) technical failures of any kinds; (3) failures of any of the equipment or programming associated with or utilized in the Sweepstakes; (4) unauthorized human and/or mechanical intervention in any part of the entry process or the Sweepstakes; (5) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (6) 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. Sponsor may prohibit an entrant from participating in the Sweepstakes or winning a prize if, in its sole discretion, it determines that said entrant is attempting to undermine the legitimate operation of the Sweepstakes by cheating, hacking, deception, or other unfair playing practices (including the use of automated quick entry programs) or intending to annoy, abuse, threaten or harass any other entrants or Sponsor's representatives. If for any reason this Sweepstakes is not capable of running as planned, including, but not limited to, infection by computer virus, bugs, tampering, unauthorized intervention, fraud, or any other causes beyond the reasonable control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of the Sweepstakes, then Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend all or any part of the Sweepstakes and to select potential winner from among all eligible entries received by Sponsor up until the time of such cancellation, termination, modification or suspension, as applicable. CAUTION: ANY ATTEMPT BY AN ENTRANT TO DELIBERATELY DAMAGE THE WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK CIVIL AND/OR CRIMINAL PROSECUTION AND DAMAGES (INCLUDING ATTORNEYS' FEES) FROM ANY SUCH ENTRANT TO THE FULLEST EXTENT OF THE LAW.
8. RESTRICTIONS: The passenger contracts in use by the airlines or other transportation companies shall constitute the sole contracts with respect to Trip winner's and his/her companion's transportation and such contracts shall be solely between Trip winner, his/her companion(s) and such transportation companies. Sponsor and Sweepstakes Administrator shall not be party to such contracts and shall assume no responsibility in this connection. Neither Sponsor nor Sweepstakes Administrator nor any Sweepstakes Entities shall be liable to any winner or any person claiming through such winner for failure to supply the 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 Sponsor's or Sweepstakes Administrator's sole control. Sponsor the Sweepstakes Administrator and the Sweepstakes Entities shall not be responsible for any cancellations, delays, diversions or substitutions or any act or omissions whatsoever by the performers/events, air carriers, hotels, or other transportation companies or any other persons providing any of these services and accommodations to passengers including any results thereof such as changes in services or accommodations necessitated by same. Sponsor, the Sweepstakes Administrator and the Sweepstakes Entities shall not be liable for any loss or damage to baggage or the loss, theft or damage of cash, cameras, jewelry, securities, heirlooms, negotiable papers or other valuables. If the Trip winner becomes disabled or cannot otherwise fully enjoy the sweepstakes prize package due to illness, Sponsor shall have the option of: (1) being relieved of liability for fulfillment of the prize award; or (2) at Sponsor's sole discretion extending the period during which such prize may be awarded for a period equal to the duration of the winner's disability or illness, in which case certain prize components may not be available. The Trip winner must prove such disability by a doctor's certificate, which certificate shall be endorsed by another physician agreeable to Sponsor and Trip winner at Sponsor's expense. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
9. INTERNET: Sponsor reserves the right, in its sole discretion, to modify, suspend or terminate the promotion should a virus, bugs or other causes beyond the control of the Sponsor corrupt the administration, security or proper play of the promotion. In such event, prizes will be awarded by random drawing from among eligible entries received up to the date/time of corruption or modification, to the extent feasible. Sponsor is not responsible for late, lost, incomplete, or misdirected entries; computer system, phone line, equipment or program malfunctions, or other errors; failures or delays in computer transmissions or network connections; problems downloading entries from the web site; damage to entrant's or any other person's computer related to or resulting from participation or downloading any materials; or for any other technical problems related to entries. Sponsor is not responsible for incorrect or inaccurate entry information, whether caused by users or by any of the equipment or programming associated with or utilized in the promotion, or by any technical or human error which may occur in the processing of the entries in the promotion. If by reason of a printing, computer, production or other error, more prizes are claimed than the number set forth in these official rules, all persons making purportedly valid claims will be included in a random drawing to award the advertised number of prizes available in the prize category in question. No more than the advertised number of prizes will be awarded.
In the event of a dispute, entries will be declared made by the authorized account holder of the e-mail address submitted at time of entry. "Authorized account holder" is defined as the natural person who is assigned to an e-mail address by an Internet access provider, on-line service provider or other organization (e.g., business, educational, institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address. Receiving e-mail marketing from Sponsor: By submitting a complete entry, you may have made e-mail marketing preferences noted to Sponsor, and may receive e-mail in accordance with these preferences. Upon receipt of any Sponsor e-mail, you may opt out of receiving future e-mails, and you will remain eligible to win the prizes.
10. DISPUTES/JURY TRIAL WAIVER: This Sweepstakes is governed by the laws of the United States and the State of New York, without respect to conflict of law doctrines. As a condition of participating in this Sweepstakes, participants agree that any and all disputes which cannot be resolved between the parties, and causes of action arising out of or in connection with this Sweepstakes, shall be resolved individually, without resorting to any form of class action, exclusively before a court located in New York having jurisdiction. EXCEPT AS PROHIBITED BY LAW AND AS A CONDITION OF PARTICIPATING IN THIS SWEEPSTAKES, ENTRANT HEREBY WAIVES ANY RIGHT HE/SHE MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS SWEEPSTAKES, ANY DOCUMENT OR AGREEMENT ENTERED INTO IN CONNECTION HEREWITH AND ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY OR THEREBY. Further, in any such dispute, under no circumstances will participants be permitted to obtain awards for, and hereby waive all rights to claim punitive, incidental or consequential damages, including attorneys' fees, other than participant's actual out-of-pocket expenses (e.g. costs associated with entering), and participant further waives all rights to have damages multiplied or increased.
11. PRIVACY POLICY AND TERMS OF USE: BY ENTERING THIS SWEEPSTAKES, EACH ENTRANT ACKNOWLEDGES AND AGREES THAT: (i) THE ENTRANT HAS OPTED-IN TO SPONSOR'S PRIVACY POLICY ON THE SWEEPSTAKES ENTRY PAGE; AND (ii) BY OPTING-IN, THE ENTRANT HAS READ AND CONSENTS TO SPONSOR'S PRIVACY POLICY AND TERMS OF USE. EACH ENTRANT FURTHER ACKNOWLEDGES THAT IF HE/SHE IS CHOSEN AS A WINNER, CERTAIN OF HIS/HER IDENTIFYING INFORMATION MAY BE DISCLOSED TO THIRD PARTIES AT LEAST AS REQUIRED BY LAW INCLUDING, WITHOUT LIMITATION, ON A WINNERS' LIST.
12. RULES/WINNER LIST: The Official Rules are posted online at www.foxbusiness.com/contest. For a list of winners, mail a self-addressed stamped envelope to be received by August 31, 2009 to "Summer of Opportunity" Sweepstakes Winners, PMI Station, P.O. Box 750 Southbury, CT 06488-0750. Winner information becomes available after completion of the Sweepstakes.
13. SPONSOR: Fox News Network LLC, 1211 Avenue of the Americas, New York, NY 10036.
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