“Make It Pop Holiday SMS Sweepstakes”
Sponsored by Viacom Media Networks, a division of Viacom International Inc.
NO PURCHASE OR PAYMENT OF ANY KIND IS NECESSARY TO ENTER OR WIN A PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. VOID IN PUERTO RICO AND OUTSIDE THE FIFTY (50) UNITED STATES AND THE DISTRICT OF COLUMBIA, AND WHERE PROHIBITED OR RESTRICTED BY LAW. ANY PARTICIPANT WHO HAS NOT REACHED THE AGE OF MAJORITY IN THEIR STATE OF RESIDENCE AT TIME OF ENTRY MUST HAVE THEIR PARENT’S PERMISSION PRIOR TO ENTERING. MANY WILL ENTER, FEW WILL WIN.
- Entry Period: The “Make It Pop Holiday SMS Sweepstakes” (the “Sweepstakes”) commences at 12:00:01 a.m. Eastern Time (“ET”) on December 16, 2015 and ends at 11:59:59 p.m. ET on December 18, 2015 (the “Sweepstakes Period”). Sponsor’s computer is the official time-keeping device for this Sweepstakes. All entries must be received by 11:59:59 p.m. ET on December 18, 2015. The odds of winning depend on the total number of Eligible Entries (hereinafter defined) received for the Sweepstakes.
- Eligibility: The Sweepstakes is open to individuals who are legal residents of one (1) of the fifty (50) United States or District of Columbia and at least thirteen (13) years of age or older at the time of entry (each a “Participant”, collectively the “Participants”). Any Participant who has not yet reached the age of majority in the jurisdiction in which he/she resides (18, except AL and NE, 19, or MS, 21) will need to obtain permission from his/her parent/legal guardian in order to enter and if chosen as a winner, the Prize will be awarded in the name of his/her parent or legal guardian (“Parent”). Employees, officers, directors, and members and their immediate families (i.e., parents, spouse, children, siblings, grandparents, step parents, step children and step siblings) and members of their household (whether related or not) of Viacom Media Networks, a division of Viacom International Inc. (“Sponsor”), all prize providers and their respective parents, related companies, sponsors, subsidiaries, advertising, promotion, and public relations agencies, and third-party fulfillment agencies (collectively, the “Sweepstakes Entities”) and those winners who have won a prize in any Sponsor-related sweepstakes/promotion in the twelve (12) months prior to the start of the Sweepstakes Period are not eligible to enter this Sweepstakes. Eligibility will be determined by Sponsor in its sole discretion. The Sweepstakes is subject to applicable federal, state and local laws and regulations and is void where prohibited. Participation in the Sweepstakes constitutes your full and unconditional agreement to be bound by these Official Rules and Sponsor’s decisions, which are final and binding in all matters related to the Sweepstakes. Winning a Prize is contingent upon fulfilling all requirements set forth herein.
- To Enter: There are two ways to enter the Sweepstakes:
- Entry Via Text Message: Each Participant who is under the age of majority in their state of residence must first obtain their Parent’s permission prior to entering the Sweepstakes. During the Sweepstakes Period, submit your entry by sending an SMS (“Text Message”) containing only the word “XO IQ” to 91757 using your wireless mobile device. In order to submit any entry by text message, Participant must: (i) have a plan with a wireless carrier that includes a text messaging service; and (ii) use a wireless device that is capable of two way text messaging. By sending a Text Message to enter, you signify that you understand that Sponsor will send a reply text message using an automatic dialing device to the phone number associated with the wireless mobile device you used to enter confirming your entry into the Sweepstakes and your consent to receive that message. You also consent to being notified via text message to the phone number associated with the wireless mobile device you used to enter if you are selected as a winner. By entering via Text Message, you may receive a text message in response from the Sponsor to the phone number associated with the wireless mobile device you used to enter asking if you wish to receive offers from the Sponsor or third parties. You do not have to opt-in to any marketing offers to enter or to participate in this Sweepstakes. You May Be Charged A Fee for Message Transmission And Delivery By Your Cellular Network Carrier. If you opt to enter via your wireless mobile device (which is not required to enter the Sweepstakes and may only be available via participating wireless carriers) and/or opt in to receiving future marketing messages from Sponsor or third parties (which is also not required to enter the Sweepstakes), standard text messaging and/or data rates may apply for each message sent or received from your handset according to the terms and conditions of your service agreement with your wireless carrier. Other charges may apply (such as normal airtime and carrier charges) and may appear on your mobile phone bill or be deducted from your prepaid account balance. Wireless carriers’ rate plans may vary, and you should contact your wireless carrier for more information on messaging rate plans and charges relating to your participation in this Sweepstakes. Text messaging may not be available from all mobile phone service carriers and handset models. Mobile device service may not be available in all areas. Check your phone’s capabilities for specific instructions. Text STOP to cancel. Text HELP for help. For more information email: email@example.com.
- Entry via Email: During the Sweepstakes Period, send an email (“Email”) containing only the phrase “MAKE IT POP SWEEPS ENTRY” in the subject line of the email to firstname.lastname@example.org. Normal Internet access, phone, and usage charges imposed by your online or phone service may apply. Sponsor and Sweepstakes Entities may use your personal information submitted with entry for purposes of prize fulfillment and/or for future marketing by Sponsor, such as to notify you of a product or promotion that Sponsor thinks may be of interest. You may opt out of such marketing emails at any time.
For purposes of this Sweepstakes, each Text Message or Email you send pursuant to the above directions will constitute one (1) entry. Limit: One (1) entry per person/email account/phone number per each calendar day of the Sweepstakes Period. All entries submitted in accordance with these Official Rules shall be hereinafter referred to as “Eligible Entries”.
In the event of a dispute over who submitted a winning entry, the authorized account holder of the email address or the phone number associated with the wireless mobile device used to participate in the Sweepstakes at the actual time of entry will be deemed to be the Participant. The authorized account holder of a particular email address is defined as the natural person who 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. The authorized account holder of a phone number associated with the wireless mobile device used to participate in the Sweepstakes is defined as the natural person who is assigned a mobile phone number by a wireless carrier. Potential winners may be required to show proof of being the authorized account holder to the Sponsor or forfeit the Prize. Multiple Participants are not permitted to share the same email account or wireless mobile device phone number. Entries with an invalid, non-working, or inactive email address or phone number will be disqualified and ineligible to win. All entries become the property of Sponsor and will not be acknowledged or returned. Any attempt to obtain entries in excess of the limit on entries as set forth in these Official Rules, including by using creating multiple email accounts or wireless phone numbers, by using multiple and/or different identities, forms, registrations, or by any other methods, will void all of the relevant Participant’s entries, and that Participant may be disqualified at Sponsor’s discretion.
- Winners Selection/Notification: One (1) Grand Prize (as defined below) and nine (9) First Prize (as defined below) winners (each a “Potential Winner”, collectively the “Potential Winners”) will be randomly selected on or around December 21, 2015 by Sponsor from all Eligible Entries received during the Sweepstakes Period. Within three (3) business days after Sponsor selects the Potential Winners, Sponsor will contact the Potential Winners via email, using the email address used to enter (if a Potential Winner entered via email), or text message, using the phone number associated with the wireless mobile device used to enter (if a Potential Winner entered via text message). If any Potential Winner does not respond within three (3) business days of being contacted, such Potential Winner will be disqualified and an alternate Potential Winner will be selected through a random drawing from among the remaining Eligible Entries received. This process will be repeated a maximum of three (3) times, after which any remaining Prizes (as defined below) will remain un-awarded.
- Winners, Verification: The Potential Winners must prove eligibility, including, without limitation, proof of age and residence, within three (3) business days of being notified as a Potential Winner. In the event of non-compliance by a Potential Winner, such Potential Winner shall be disqualified and all privileges otherwise due as a Potential Winner shall be terminated and an alternative Potential Winner may be chosen through a random drawing from among all of the remaining Eligible Entries received, if time permits, in Sponsor’s sole discretion. Each Potential Winner must sign (his/her Parent must sign if such Potential Winner is under the age of majority in the jurisdiction in which he/she resides) within three (3) business days of receipt of the following documents from Sponsor: (a) an affidavit of eligibility and liability release of the Released Parties (as hereinafter defined) from any and all liability, loss, claims, demands, and causes of action for personal injury and/or damage, theft, loss, or any other harm suffered in connection with this Sweepstakes or the use/misuse or acceptance of a Prize (as hereinafter defined) or any portion thereof to be eligible for a Prize; (b) except where prohibited by law, a publicity release granting Sweepstakes Entities the right to use his/her name and likeness for advertising and publicity purposes without additional compensation; and (c) any other documentation required by Sponsor, including a W2 form and Potential Winner’s social security number for tax purposes (collectively, the “Releases”). Entry into this Sweepstakes constitutes agreement to sign such Releases. The Potential Winners also must acknowledge that Sponsor has not and will not obtain or provide insurance of any kind relating to the Prize and that such Potential Winner will be responsible for obtaining and paying for any life, travel, accident, property or other form of insurance relating to the Prize, if applicable. The Potential Winners must also complete any additional legal documents provided by Sponsor (or third party on its behalf, if applicable) with respect to the Prize and return them as instructed within the time frame specified by Sponsor or such Potential Winner may forfeit the Prize at Sponsor’s sole discretion. Decisions of the Sponsor relating to the Sweepstakes are final. Sponsor expressly reserves the right to delay the announcement of the Potential Winners for creative or technical reasons or for any other reason Sponsor deems necessary. Potential Winners must be able to provide proof that the Potential Winners are eligible to be deemed an official Prize winner (each an “Official Winner”, collectively the “Official Winners”) to Sponsor’s satisfaction. If the documents are not returned within the time required by Sponsor, or Potential Winner or Official Winner is found to be ineligible, or Potential Winner is unavailable to take delivery of the Prize, or Potential Winner does not comply with the Official Rules, or in the event a Potential Winner or Official Prize Winner is disqualified for any reason under the provisions of these Official Rules, such Potential Winner or Official Winner and all rights to any Prize will be forfeited in its entirety and a random drawing will be conducted in order to select an alternate Potential Winner, if time permits.
- Prizes – Grand Prize (1): One (1) Official Winner will be awarded the Sweepstakes grand prize (the “Grand Prize”) which consists of one (1) Jared Self Portrait print prop from the set of “Make It Pop”. The approximate retail value (“ARV”) of the Grand Prize is $9.99.
First Prizes (9): Nine (9) Official Winners will each be awarded a Sweepstakes first prize (each a “First Prize”, collectively the “First Prizes”). Each First Prize shall consist of a “Make It Pop” prize pack, which includes one (1) of each of the following items: (i) a XOIQ Locket (ARV: $1.99); and (ii) a XOIQ Ring (ARV: $0.50). The ARV for each First Prize is $2.49; the ARV for all First Prizes is $22.41.
The Grand Prize winner and First Prize winners shall each be referenced hereafter as a “Winner” and collectively as the “Winners”. The Grand Prize and First Prizes shall be referenced hereafter as the “Prizes”. The total ARV for all Prizes in this Sweepstakes is $32.40.
- 7. General Prize Terms: Arrangements for fulfillment of the Prizes will be made by Sponsor. All costs and expenses not specifically listed as part of a Prize are solely each Winner’s responsibility. Upon entry into the Sweepstakes, the Winners (as well as all other Participants) are required to comply with any and all applicable federal, state, and local laws, rules, and regulations. All federal, state and local taxes (if any), and any other costs and expenses associated with the Prizes not specifically provided for in these Official Rules, are solely the Winners’ responsibility. Sponsor shall have no responsibility or obligation to the Winners or Potential Winners who are unable or unavailable to accept or utilize a Prize(s) as described herein. No substitution, transfer or cash equivalent for the Prizes or any portion thereof is permitted, except by Sponsor, in which case a prize of comparable or greater value may be awarded. Sponsor will not replace lost or stolen Prizes.
- General Terms: Receipt of any Prizes in this Sweepstakes is conditioned upon compliance with any and all applicable federal, state and local laws, rules, and regulations. Sponsor’s failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. Noncompliance with any of these Official Rules may result in disqualification. 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 VIOLATION OF THESE OFFICIAL RULES BY WINNERS OR ANY BEHAVIOR BY A WINNER THAT WILL BRING SUCH WINNER OR SWEEPSTAKES ENTITIES INTO DISREPUTE (IN SPONSOR’S SOLE DISCRETION) WILL RESULT IN SUCH WINNER’S DISQUALIFICATION AS A SWEEPSTAKES WINNER AND ALL PRIVILEGES AS THE WINNER WILL BE IMMEDIATELY TERMINATED. 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 may be disqualified from the Sweepstakes at Sponsor’s sole and absolute discretion. Proof of sending or submission of entry will not be deemed proof of receipt by Sponsor. If, for any reason, the Sweepstakes is not capable of running as planned, including, without limitation, unauthorized intervention, fraud, or any other causes beyond the control of Sponsor which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Sweepstakes, Sponsor reserves the right in its sole discretion to cancel, terminate, modify or suspend the Sweepstakes. Should the Sweepstakes be terminated prior to the stated expiration date, the Prizes may be awarded to a Winner to be selected from among all Eligible Entries received up until and or after (if applicable) the time of modification, cancellation or termination or in a manner that is fair and equitable as determined by Sponsor. All interpretations of these Official Rules and decisions by Sponsor are final. CAUTION: ANY ATTEMPT BY ANY INDIVIDUAL TO DELIBERATELY UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE, SPONSOR RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW. Participants agree to indemnify and hold harmless Sweepstakes Entities from any and all liability resulting or arising from the Sweepstakes, to release all rights to bring any claim, action or proceeding against Sweepstakes Entities.
- Governing Law/Jurisdiction: THE NEW YORK COURTS (STATE AND FEDERAL) SHALL HAVE SOLE JURISDICTION OF ANY CONTROVERSIES REGARDING THE SWEEPSTAKES AND THE LAWS OF THE STATE OF NEW YORK (AS DISTINGUISHED FROM THE CHOICE OF LAW RULES) SHALL GOVERN THE SWEEPSTAKES. EACH 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, each Participant agrees that any and all disputes, claims and causes of action arising out of or connected with this Sweepstakes, the Prize awarded, or the determination of the Official Winner shall be resolved individually, without resort to any form of class action. Participant further agrees that in any cause of action, the Sweepstakes Entities’ entire liability will be limited to the cost of entering and participating in the Sweepstakes, and in no event shall the Sweepstakes Entities be liable for attorneys’ fees and/or experts’ fees and costs. Participant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages and Participant further waives all rights to have damages multiplied or increased.
- Release and Limitations of Liability: By participating in this Sweepstakes, Participants agree that the Sweepstakes Entities and their respective employees, officers, directors, agents, contractors, members, and representatives (the “Released Parties”) are not responsible for: (i) any incorrect or inaccurate information, whether caused by Participants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (ii) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (iii) unauthorized human intervention in any part of the entry process or the Sweepstakes; (iv) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (v) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from Participant’s participation in the Sweepstakes or receipt or use or misuse of any Prize. No more than the stated number of Prizes will be awarded.
BY PARTICIPATING IN THIS SWEEPSTAKES, PARTICIPANTS AGREE THAT THE RELEASED PARTIES WILL HAVE NO LIABILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY PARTICIPANTS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, MISUSE, OR USE OF THE PRIZES, ENTRY, OR PARTICIPATION IN THIS SWEEPSTAKES OR IN ANY SWEEPSTAKES RELATED ACTIVITY, OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY, ACCESS TO AND USE OF ANY INTERNET SITE ASSOCIATED WITH THIS SWEEPSTAKES OR THE DOWNLOADING FROM AND/OR PRINTING MATERIAL DOWNLOADED FROM SAID SITE, OR MERCHANDISE DELIVERY. THE RELEASED PARTIES ARE NOT RESPONSIBLE IF ANY PRIZE CANNOT BE AWARDED DUE TO TRAVEL CANCELLATIONS, DELAYS, OR INTERRUPTIONS DUE TO ACTS OF GOD, ACTS OF WAR, NATURAL DISASTERS, WEATHER, OR TERRORISM.
WITHOUT LIMITING THE FOREGOING, EVERYTHING REGARDING THIS SWEEPSTAKES, INCLUDING THE PRIZES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATIONS OR EXCLUSIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. CHECK LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THESE LIMITATIONS OR EXCLUSIONS.
- Publicity. EXCEPT WHERE PROHIBITED BY LAW, WINNERS GRANT TO SPONSOR (WHICH GRANT WILL BE CONFIRMED IN WRITING ON REQUEST OF SPONSOR), ITS PARENT, SUBSIDIARIES, AFFILIATES, AGENTS (INCLUDING ADVERTISING AND PROMOTION AGENCIES), CONTRACTORS, SUPPLIERS, AND THOSE ACTING PURSUANT TO ITS AUTHORITY, THE RIGHT AND PERMISSION TO PRINT, PUBLISH, BROADCAST, AND USE, WORLDWIDE IN ANY MEDIA NOW KNOWN OR HEREAFTER DEVELOPED, INCLUDING BUT NOT LIMITED TO THE WORLD WIDE WEB, AT ANY TIME OR TIMES, PRIZE WINNER’S NAME, PORTRAIT, PICTURE, VOICE, LIKENESS, AND BIOGRAPHICAL INFORMATION FOR ADVERTISING, TRADE, AND PROMOTIONAL PURPOSES (INCLUDING THE ANNOUNCEMENT OF HIS OR HER NAME ON TELEVISION OR RADIO BROADCAST) WITHOUT ADDITIONAL CONSIDERATION, COMPENSATION, PERMISSION, OR NOTIFICATION.
- Request for Names of Winners and Official Rules: For the names of the Winners and/or Official Rules, send a self-addressed stamped envelope by February 21, 2016 to: Nickelodeon, Attention: “Make It Pop Holiday SMS Sweepstakes”, 1515 Broadway, Space #42-33F, New York, NY 10036. Please note on the front left-hand corner of your outer envelope whether you are requesting “Official Rules” or the names of the “Winner”.
- Sponsor: Sweepstakes is sponsored by Viacom Media Networks, a division of Viacom International Inc., 1515 Broadway, New York, NY 10036.