Viacom – Nick 2019 Top Wing Crm – Win a “Top Wing” Mission Ready Tracks playset (ii) a “Top Wing” Flashwing Rescue vehicle and (iii) a “Top Wing” figure and vehicle assortment set
“2019 Top Wing CRM Sweepstakes”
NO PURCHASE NECESSARY TO ENTER OR WIN. A purchase will not increase your chances of winning. Void in Puerto Rico, outside of the United States and where prohibited or restricted by law. If you are under the age of majority in your state of residence, you must have your parent or legal guardian’s permission prior to entering. Many will enter, few will win.
Sponsor. Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.
1. TIMING. The Sweepstakes begins at 10:00:01 a.m. (Eastern Time [“ET”]) on February 28, 2019 and ends at 11:59:59 p.m. ET on March 8, 2019 (the “Entry Period”). Sponsor’s computer will serve as the official time keeping device for the Sweepstakes.
2. ELIGIBILITY To enter the Sweepstakes you must be: (i) a current legal resident of one (1) of the fifty (50) United States or the District of Columbia; (ii) eighteen (18) years of age or older at the time of entry; and (iii) be a member of the Nick Jr. Fan Club (membership is free, visit www.nickjrfanclub.com in order to join) prior to entry (each a “Participant”, collectively the “Participants”). Any Participant who has not yet reached the age of majority in their state of residence (18, except AL & NE, 19, and MS, 21) (a “Minor”) will need to obtain permission from his/her parent/legal guardian (“Parent”) in order to enter and, if chosen as a winner, the prize will be awarded in the name of his/her Parent. Employees, officers, directors, and members of Sponsor, all prize providers associated with the Sweepstakes, and all of their respective affiliates, parent, and subsidiary companies, licensors, distributors, divisions and their advertising, production and promotion agencies (the “Sweepstakes Entities”), and each of their respective officers, directors, licensors, employees, representatives and agents, and members of their immediate families (parents, step parents, children, step children, siblings, step siblings, spouses, regardless of where they reside) and members of their households (whether related or not) and those individuals who have won a prize in any Sponsor-related sweepstakes or contest in the twelve (12) months prior to the start of the Entry Period are ineligible to participate in this Sweepstakes. Eligibility will be determined by Sponsor in its sole discretion.
3. HOW TO ENTER During the Entry Period, visit www.NickJrSweepstakes.com (enabled for desktop and mobile entry) (the “Sweepstakes Site”) and follow the online directions to and submit the online Sweepstakes entry form. Entries must be completed in full and submitted in accordance with the online directions during the Entry Period. By entering the Sweepstakes, each Participant grants permission to be contacted by Sponsor via e-mail in connection with the Sweepstakes. If the Sweepstakes Site fails for any reason, any entry received during that time will be deemed a defective entry. If you enter using a mobile app, message and data charges may apply; please check with your carrier to determine if you will incur such charges prior to entering. Use of a profane username or the submission of false or misleading personal information by a Participant will be grounds for disqualification. Determination of information to be profane, false, or misleading is at the sole discretion of the Sponsor. Incomplete or inaccurate entries are void. All entries must be received by 11:59:59 p.m. ET, on March 8, 2019.
4.LIMITATION ON ENTRIES Limit one (1) entry per calendar day per person/household/email address. A “calendar day” is defined as the twenty-four (24) hours between 12:00:00 a.m. ET and the following 11:59:59 p.m. ET. Any attempt by any Participant to obtain more than the stated number of entries by using same or multiple/different email accounts or any other method of entry will void all of that Participant’s entries and that Participant will be disqualified. Entries that have been tampered with or altered shall be rendered void. Sponsor is not responsible for any problems or technical malfunctions, human error, lost/delayed data transmission, omission, interruption, deletion, defect, line failures of any telephone network, computer on-line systems, servers or providers, computer equipment, software, failure of Participants on account of technical problems or traffic congestion on the internet or at any web site or any combination thereof, including injury or damage to Participants or to any other person’s computer related to or resulting from participating or downloading materials contained in this Sweepstakes. If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at their sole discretion to cancel, terminate, modify or suspend the online portion of the Sweepstakes. Should the Sweepstakes be terminated or cancelled prior to the stated expiration date, notice will be posted on the Sweepstakes Site, and any entries received prior to the termination or cancellation will be included in the drawing. In the event that there becomes a dispute over who submitted a winning entry, entries will be declared made by the authorized account holder of the e-mail address used at the time of entry, and potential winner may be required to provide identification sufficient to show that he/she is the authorized account holder of the e-mail address. The “authorized account holder” is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the domain associated with the submitted address. It is solely the responsibility of the Participant to notify Sponsor in writing if the Participant changes his or her e-mail address during the Sweepstakes Period. Entries specifying an invalid, non-working, or inactive email address will be disqualified and ineligible to win. Multiple Participants are not permitted to share the same email address. Bulk, automated and/or third-party entries are prohibited and will be disqualified. Any attempt by any Participant to obtain more than the stated number of entries by using multiple and/or different identities, forms, registrations, email addresses, logins, or any other methods will void that Participant’s entries, and that Participant may be disqualified at Sponsor’s discretion. Entries generated by a script, computer programs, macro, programmed, robotic or other automated means will be disqualified. Entries that are incomplete, illegible, corrupted, false, lost, late or misdirected, deceptive or otherwise not in compliance with the Official Rules will be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion.
5.DRAWING AND NOTIFICATION Sponsor will conduct a random drawing on or about March 11, 2019 to select ten (10) potential First Place (as defined below) winners and thirty (30) potential Second Place (as defined below) winners (each a “Potential Winner”, collectively the “Potential Winners”). Each Potential Winner will be notified by email on or before March 18, 2019 and must respond to the notification within five (5) business days following receipt or be subject to disqualification and an alternate Potential Winner will be selected from the remaining eligible entries received during the Entry Period, if time permits. Odds of winning depend on the total number of eligible entries received during the Entry Period.
6. QUALIFICATION OF WINNER. Before a Potential Winner will be deemed an official Sweepstakes winner (each a “Winner”, collectively the “Winners”), he/she (and his/her Parent if such Potential Winner is a Minor) will be required to execute and return an Affidavit of Eligibility, a Liability Release/Publicity Release (except where prohibited) (collectively referenced herein as the “Affidavit/Release”) and any other legal documents that Sponsor may require, including, but not limited to, a W-9 tax form, within three (3) days from the date Sponsor sends such documents to the Potential Winner or be subject to disqualification. The Potential Winner must be able to provide proof that the Potential Winner is eligible to be deemed a Winner to Sponsor’s satisfaction. If the documents are not returned within that time, or Potential Winner or Winner is found to be ineligible, or does not comply with the Official Rules, then he/she will be disqualified and an alternate Potential Winner may be selected. A prize notification being returned as undeliverable will result in disqualification of such entry.
7. PRIZES (40). The ten (10) first Winners to be selected (each a “First Place Winner”, collectively the “First Place Winners”) shall each be awarded a “Top Wing” prize pack (each a “First Place Prize”, collectively the “First Place Prizes”) which shall each consist of one (1) of each of the following items: (i) a “Top Wing” Mission Ready Tracks playset; (ii) a “Top Wing” Flashwing Rescue vehicle; and, (iii) a “Top Wing” figure and vehicle assortment set. Total approximate retail value (“ARV”) of each First Place Prize is $67.97; the total ARV for all First Place Prizes is $679.70. The thirty (30) subsequent Winners to be selected after the First Place Winners (each a “Second Place Winner”, collectively the “Second Place Winners”) shall each be awarded a “Top Wing” Play Doh Playset (each a “Second Place Prize”, collectively the “Second Place Prizes”). Total ARV of each Second Place Prize is $14.99; the total ARV for all Second Place Prizes is $449.70.
Total ARV of all First Place Prizes and Second Place Prizes is $1,129.40. The First Place Prizes and the Second Place Prizes may be individually referenced herein as a “Prize” or collectively referenced herein as the “Prizes.”
8. Rights Granted by Entrant:
By submitting a Sweepstakes entry, each Participant (whether declared one of the Winners or not) agrees (and agrees, along with their Parent if such individual is a Minor, to affirm such in writing) to: (i) abide by and be bound by these Official Rules and the decisions of the Sponsor on all matters relating to this Sweepstakes, which decisions are final and binding in all respects; (ii) waive any right to claim ambiguity in the Sweepstakes or these Official Rules; (iii) forever and irrevocably release, discharge, indemnify and hold harmless the Sweepstakes Entities and their respective officers, directors, licensors, employees, representatives and agents (the “Released Parties”) from and against any liability, claims, demands, and cause of action from personal injury, loss or damage, including death, or property damage, theft, or loss suffered or resulting in whole or in part, directly or indirectly, out of your participation in this Sweepstakes or the possession of any prize or any portion thereof, or participation in any Sweepstakes-related activity; (iv) grant Sponsor (where permitted by law) the right to use Participant’s name, address (city and state only), and biographical information on a worldwide basis, in all forms of media, in perpetuity and for advertising or promotional purposes without review or further compensation; and, (v) warrant and represent that the use of the materials submitted in this Sweepstakes will not violate the rights of any third parties. Entries must be in keeping with Sponsor’s positive image, as determined by Sponsor in its sole discretion. All federal, state or other tax liabilities (including income taxes) arising from any Prizes contained in this Sweepstakes will be solely the responsibility of the Winners. Receipt of any of the Prizes or Prizes’ components of this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Noncompliance with any of the above will result in disqualification. Winners may not transfer, give, barter, sell, substitute, or exchange any Prizes’ component for a cash equivalent except at Sponsor’s sole discretion. Sponsor reserves the right in its sole and absolute discretion, to substitute the Prizes (or Prizes component) with a prize of equal or greater value.
If for any reason the Sweepstakes is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other cause beyond the control of the Released Parties which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right at its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Sponsor may, in its sole discretion, either: (a) suspend the Sweepstakes to address the impairment and then resume the Sweepstakes in a manner that best conforms to the spirit of these Official Rules; or (b) cancel the Sweepstakes and award the prizes from among the eligible entries received up to the time of the impairment.
9. Terms & Conditions Released Parties are not responsible for any claims, damages, lawsuits, causes of action, proceedings, or liability due to any injuries, theft, damages, expenses, costs, or losses to any person (including death) or property of any kind resulting from, arising from, or in connection with, in whole or in part, directly or indirectly, from: (i) typographical or other error in the printing of the Official Rules, offering or announcement of any Prizes or any ambiguity in the Official Rules; (ii) lost, late, stolen, misdirected, damaged, incomplete or garbled entries; (iii) any error in the collection or retention of entry information due to human error or mechanical failure; (iv) any wrongful, negligent, or unauthorized act or omission on the part of any of the Released Parties, or any of their agents or employees; (v) your participation or inability to participate in any Sweepstakes-related activity; (vi) any malfunction of the computer or telephone system, whether technical or due to human error; (vii) lost/delayed data transmission, omissions, interruptions, deletion, defect, line failures, postponement, cancellation, or modification of the Sweepstakes, including, but not limited to, interruption or inability to access the Sweepstakes due to hardware or software compatibility problems on any telephone network (TSP), computer online systems (ISP), servers or providers, software, failure on account of technical problems or traffic congestion on the internet or at any website or any combination thereof, including injury or damage to your or to any other person’s computer or telephone system related to or resulting from participating in the Sweepstakes; (viii) your acceptance, receipt, possession, defects in, misuse, inability to use, or use of any Prizes element including, but not limited to, lost, stolen, damaged, delayed, or misdirected or destroyed prize (or any element thereof); or (ix) any change in the prizing (or any components thereof) due to unavailability, any of which is due to reasons beyond Released Parties’ control, including, but not limited to, 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 such action(s), regulation(s), order(s) or request(s) prove(s) to be invalid), equipment failure including, but not limited to, overloading of the Sweepstakes Site due to excessive use, threatened or actual terrorist acts, air raid(s), blackout(s), act(s) of public enemy, earthquake, war (declared or undeclared), fire, flood, epidemic(s), 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 any of the Released Parties’ sole and reasonable control, or as otherwise permitted in these Official Rules.
Winners hereby acknowledge that the Released Parties have neither made nor are in any manner responsible or liable for any express or implied warranty, representation or guarantee, in fact or in law, relative to the Prizes or any component thereof. Winners assume all liability for any injury or damage caused, or claimed to be caused, by participating in this Sweepstakes or use or redemption of any Prizes. In the event a Potential Winner or any Winner are disqualified for any reason under the provisions of these Official Rules, such individual and all rights to any Prizes will be forfeited in its entirety and a random drawing may be conducted in order to select an alternate Potential Winner if time permits.
WITHOUT LIMITING THE FOREGOING, THE SWEEPSTAKES AND ALL MATERIALS PROVIDED ON OR THROUGH THE WEBSITES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
Sponsor reserves the right in its sole discretion to disqualify any individual that Sponsor finds to be acting in violation of these Official Rules or in an unsportsmanlike or disruptive manner. Any attempt by any person to undermine the legitimate operation of the Sweepstakes may be a violation of criminal and civil law, and, should such an attempt be made, Sponsor reserves the right to seek damages from any such person to the fullest extent permitted by law. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
Limitation of Liability The Sweepstakes and these Official Rules are governed by and shall be construed in accordance with the substantive laws of the State of New York (as distinguished from the choice of law rules) applicable to contracts made and performed entirely in New York and where the relevant contacts are with such state. The New York courts (state and federal) shall have sole jurisdiction of any controversies regarding the Sweepstakes. Participant waives any and all objections to jurisdiction and venue in these courts and hereby submits to the jurisdiction of those courts. Except where prohibited, as a condition of participating in this Sweepstakes, you agree that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the prizes awarded, or the determination of the Winner shall be resolved individually, without resort to any form of class action. You further agree that in any cause of action, the Released Parties’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Released Parties be liable for attorneys’ fees and/or experts’ fees and costs. You waive the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and further waive all rights to have damages multiplied or increased.
To receive the name of the Winners or an additional copy of these Official Rules, send a self-addressed, stamped envelope to: “2019 Top Wing CRM Sweepstakes” 1515 Broadway, 42nd Floor, Space #42-59E, New York, NY 10036. Please specify “Rules” or “Winner Info”. All requests must be received by May 11, 2019. You may also view the Official Rules by visiting the Sweepstakes Site during the Entry Period.