WWHL’s Fans Behind the Bar Contest
June 20, 2012 – August 9, 2012
PRELIMINARY INFORMATION: No purchase necessary. A purchase will not improve your chances of winning. Void where prohibited. WWHL’s Fans Behind the Bar Contest (“Contest”) will begin on June 20, 2012 at 12:01 AM ET and end on August 9, 2012 at 11:59 PM ET (“Contest Period”). All times in the Contest refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible entries received. Contest is subject all applicable federal, state and local laws.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically residing in one (1) of the fifty (50) U.S. or the District of Columbia (excluding Puerto Rico, Guam, the Virgin Islands and other U.S. territories), and who are eighteen (18) years of age or older as of the start of the Contest Period. Officers, directors, and employees of Contest Entities (as defined below), members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses, regardless of where they reside), and/or persons living in the same households as these persons (whether or not related thereto) are not eligible to enter or win the Contest. Contest Entities, as referenced herein, shall include Bravo Media LLC, NBCUniversal Media, LLC, both located at 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), Man House Productions, LLC and their respective parent, subsidiary, and affiliate companies, and administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Contest. Entrants must be of good moral character. Sponsors reserve the right to exclude anyone convicted of a crime (other than moving violations of a misdemeanor type that did not involve personal injury, drugs, or alcohol). At Sponsors’ request, the potential Winner must be willing to sign an affidavit attesting that such entrant meets all of the foregoing eligibility requirements and possibly undergo a background check conducted by Sponsors.
HOW TO ENTER: To enter the Contest, during the Contest Period log on to www.bravotv.com (the “Website”) click on the Contest icon, and follow the provided instructions to complete and thereafter submit the entry form, which includes your name, address, telephone number, email address, and date of birth (the “Entry”).
As part of the Entry, you will also be required to submit a statement of two hundred (200) words or less on the following theme: “Why I am a Watch What Happens Live super fan” (“Statement”). You may submit Statement online according to the provided instructions. Statement must be original (that is written by you), true and verifiable, and submitted in the English language. You must have the permission of any person you identify or otherwise refer to in your Statement.
All Entries become the property of Sponsors, and will not be acknowledged or returned. You must submit the Statement as part of your Entry to enter and be eligible for the Contest. By entering the Contest, entrants grant Sponsors the non-exclusive, royalty-free, transferrable and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit Statement and to incorporate Statement in other works in any and all markets and media worldwide in perpetuity. Entrants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of Statement will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Statement contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Statement does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Statement (and the related Entry) may be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit Statement.
Entries must be received before August 9, 2012 at 11:59 PM ET to be eligible for the Contest. Sponsors’ computer shall be the official timekeeper for all matters related to this Contest. You may enter once during the Contest Period. Multiple entries received from any person or email address beyond this limit will void all such additional entries. Entries generated by a script, macro, or other automated means will be disqualified.Entries that are incomplete, garbled, corrupted, or unintelligible for any reason, including, but not limited to, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant, the authorized account holder of the email address used to enter will be deemed to be the entrant. “Authorized account holder” is defined as the person who is assigned to an email address by an Internet access provider, online service provider or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address. Entry constitutes permission (except where prohibited by law) to use entrant’s name, city, state, likeness, image, and/or voice for purposes of advertising, promotion, and publicity in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval.
SELECTION AND NOTIFICATION OF FINALISTS AND WINNERS: There will be two (2) rounds of judging: round 1: initial judging to determine Finalists; round 2: final judging to determine Winners.
Round 1: Initial Judging for Finalists: On or about August 10, 2012, one (1) or more qualified judges selected by Sponsors (“Initial Judges”) will review all eligible Entries received during the Contest Period and select up to twenty (20) finalists (each a “Finalist”) based on the following initial judging criteria (“Initial Judging Criteria”): Creativity (50%) and Compelling Story (50%). Each Finalist will advance to Round 2: Final Judging to Determine Winners, subject to verification of eligibility. The selection and review process may occur on a rolling basis as Entries are received. In the event of a tie, the Initial Judges will break the tie by selecting the tied entrant who received the highest points from the Initial Judges for Compelling Story to advance to Round 2: Final Judging to Determine Winners. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Initial Judging Criteria, to determine which of the tied Entries will advance to Round 2: Final Judging to Determine Winners. Sponsors reserve the right to pick fewer than five (5) Finalists (or none at all) or to extend the Contest Entry Period if the Contest does not receive a sufficient number of eligible and qualified Entries, as determined by Sponsors in their sole discretion.
On or about August 12, 2012, Sponsors will contact each Finalist at the email address or phone number submitted at time of entry. Each Finalist will then be required to submit a video (“Video”) on the following theme: “Why I am a Bravo super fan.” Video must be in one of the following electronic formats: MPEG (.mpg), QuickTime (.mov), AVI (.avi), Windows Media (.wmv), and Real Media (.rm). Video must be no larger than one hundred (100) MB in size and no longer than sixty (60) seconds in length, 4X3 or 16X9 full frame (no letter-boxing). If Video exceeds sixty (60) seconds in length, only the first sixty (60) seconds will be judged. Video cannot have been created professionally. You may submit the Video online according to the provided instructions on the Website.
All Videos become the property of Sponsors, and will not be acknowledged or returned. Each Finalist must submit Video to be eligible for the Contest. Your Video must be original (that is, written by you), true and verifiable. You must have the permission of any person that you identify or otherwise refer to in your Video. By submitting Video, Finalists grant Sponsors the non-exclusive, royalty-free, transferrable and irrevocable rights to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, and otherwise exploit Video and to incorporate the Video in other works in any and all markets and media worldwide in perpetuity. Finalists warrant that they have the sole and exclusive right to grant such rights to Sponsors and that the Sponsors' reproduction, publishing, displaying, and/or other use of Videos will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for defamation, false light, idea misappropriation, intentional or negligent infliction of emotional distress, or breach of contract. If any Videos contain material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Videos do not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Video (and the related Finalist) may be rejected as ineligible for consideration. Videos must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Video.
Round 2: Final Judging to Determine Winners: On or about August 12, 2012, following the Initial Judging for Finalists, one (1) or more qualified judges selected by Sponsors (“Final Judges”) will review Finalists’ Videos and select five (5) winners (each a “Winner”) based on the following final judging criteria (“Final Judging Criteria”): Originality (35%), Creativity (35%) and Compelling Story (30%). In the event of a tie, the Final Judges will break the tie by selecting the tied entrant who received the highest points from the Final Judges for Originality as the potential Winner. In the event a tie remains, an additional tie-breaking judge will judge the tied Entries, using the Final Judging Criteria, to determine which of the tied Entries will be Winner, subject to verification of eligibility. Winners will be required as a condition of continued eligibility to sign an Affidavit of Eligibility, Waiver of Liability, and, except where prohibited, Publicity Release (collectively, “Contest Documents”) within five (5) days of such notification. Noncompliance within this time period will result in disqualification. If the potential Winner cannot be reached or if it is found ineligible, if it cannot or does not comply with the foregoing requirements and these Official Rules, if its prize or prize notification is returned as undeliverable, or if it does not satisfactorily execute all of the Contest Documents, potential Winner will be disqualified and Sponsors may award Prize (defined below) to a runner-up Finalist.
PRIZE: There will be five (5) prizes awarded (each a “Prize”); one (1) Prize will be awarded to each Winner. Each Prize will consist of a trip for Winner and one (1) guest (“Guest”) to New York, NY (“Trip”) and an opportunity for Winner to stand on the set behind the bar during a live taping of Watch What Happens Live (“Appearance”). Trip will include: round-trip, coach-class airfare from a major U.S. airport near Winner’s residence to a major airport in the New York/New Jersey metropolitan area, subject to Sponsors’ sole discretion and accommodations (standard room, single occupancy) for one (1) night at a hotel in the New York/New Jersey metropolitan area for Winner and Guest, subject to Sponsors’ sole discretion. Actual date(s) of Trip and Appearance is subject to availability and Sponsors’ sole discretion.
Estimated Retail Value (“ERV”) of each Prize is fifteen hundred dollars ($1,500). ERV of all Prizes is seventy five hundred dollars ($7,500). Actual retail value (“ARV”) may vary based on departure city, dates of travel and availability. Winners will receive an Internal Revenue Service Form 1099 from Sponsors for the total ARV of First Prize for the calendar year in which Prize was awarded. Any differences between stated ERV and ARV will not be awarded.
Sponsors will determine all details of Prize in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of Winner. The difference between the ERV and the actual retail value will not be awarded. Prize cannot be transferred by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion.
Sponsors shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize, and are not responsible or liable for any expenses incurred as a consequence thereof. Date and/or time of Appearance are subject to change. Appearance is subject to cancellation. Appearance awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited.
All details of Prize will be determined by Sponsors in their sole discretion. Trip awarded to the Winner must be taken within dates provided by the Sponsors or the Prize will be forfeited. Travel arrangements must be made through Sponsors’ agent, on a carrier of Sponsors’ choice. Certain travel restrictions and blackout dates may apply. Sponsors have the right in their sole discretion to substitute ground transportation for air transportation depending on Winner’s place of residence. Winner and Guest must travel together on the same itinerary, including the same departure date, destination and return date, and must have valid travel documents (e.g., valid government issued photo ID and/or passport) prior to departure, and failure to do so will result in forfeiture of Prize. Sponsors will not replace any lost or stolen tickets, travel vouchers or certificates. Once travel commences, no unscheduled stopovers are permitted; if an unscheduled stopover occurs, full fare will be charged from stopover point for the remaining segments, including return, of the trip. Sponsors are not liable for any expenses incurred as a consequence of flight cancellation/delay. Trip may not be combined with any other offer and travel may not qualify for frequent flyer miles. All travel and lodging will be at the risk of Winner and Guest. Winner is solely responsible for all expenses and costs associated with acceptance and/or use of Prize not specifically stated herein as being awarded, including, without limitation any and all taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize, travel insurance, ground transportation (other than as described above), security and airport fees, taxes, insurance, gasoline, meals, gratuities, and souvenirs. Sponsors shall have the right, but not the obligation, to make any deductions and withholdings that Sponsors deem necessary or desirable under applicable federal, state and local tax laws, rules, regulations, codes or ordinances. Prize cannot be transferred or substituted by Winner or redeemed for cash and is valid only for the items detailed above, with no substitution of Prize by Winner. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value. If Prize is unclaimed within a reasonable time after notification from Sponsors, as determined by Sponsors in their sole discretion, it will be forfeited, and time permitting, an alternate Winner may be selected from the remaining eligible entries at Sponsors’ sole discretion. Guest, if any, may be required to execute and return releases of liability and, except where prohibited, publicity releases (collectively, “Guest Documents”), which must be returned with the Sweepstakes Documents, or Guest portion of the Prize will be forfeited. If any guest is a minor, Winner must be such minor’s parent or legal guardian and must execute and return the Guest Documents on such minor’s behalf.
CONDITIONS: By entering the Contest, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Contest Entities and their respective officers, directors, and employees (collectively, “Released Parties”) from any liability, illness, injury, death, loss, litigation, or damage that may occur, directly or indirectly, whether caused by negligence or not, from such entrant’s participation in the or Contest and/or his/her acceptance, possession, use, or misuse of Prize or any portion thereof (including any travel related thereto); (b) to indemnify Released Parties from any and all liability resulting or arising from the Contest and to hereby acknowledge that Released Parties have neither made nor are in any manner responsible or liable for any warranty, representation, or guarantee, express or implied, in fact or in law, relative to Prize, including express warranties provided exclusively by Prize supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on Website and the use by Released Parties of such name, voice, image, and/or likeness for publicity, promotional, and advertising purposes in any and all media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission, or approval, and, upon request, to the giving of consent, in writing, to such use; and (d) to be bound by these Official Rules and to waive any right to claim any ambiguity or error therein or in the Contest itself, and to be bound by all decisions of the Sponsors, which are binding and final.Failure to comply with these conditions may result in disqualification from the Contest at Sponsors’ sole discretion.
ADDITIONAL TERMS: Sponsors reserve the right to permanently disqualify from any promotion any person they believe has intentionally violated these Official Rules. Any attempt to deliberately damage the Contest or the operation thereof is unlawful and subject to legal action by Sponsors, who may seek damages to the fullest extent permitted by law. The failure of Sponsors to comply with any provision of these Official Rules due to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities outside of the control of Sponsors (excepting compliance with applicable codes and regulations), or other “force majeure” event will not be considered a breach of these Official Rules. Released Parties assume no responsibility for any injury or damage to entrants’ or to any other person’s computer relating to or resulting from entering or downloading materials or software in connection with the Contest. Released Parties are not responsible for telecommunications, network, electronic, technical, or computer failures of any kind; for inaccurate transcription of entry information; for errors in any promotional or marketing materials or in these Official Rules; for any human or electronic error; or for entries that are stolen, misdirected, garbled, delayed, lost, late, damaged, or returned. Sponsors reserve the right to cancel, modify, or suspend the Contest or any element thereof (including, without limitation, these Official Rules) without notice in any manner and for any reason (including, without limitation, in the event of any unanticipated occurrence that is not fully addressed in these Official Rules). In the event of cancellation, modification, or suspension, Sponsors reserve the right to select Winners from among all eligible, non-suspect entries received prior to the time of the event warranting such cancellation, modification, or suspension based on the Judging Criteria above. Notice of such cancellation, modification, or suspension will be posted at Website. Sponsors may prohibit any entrant or potential entrant from participating in the Contest, if such entrant or potential entrant shows a disregard for these Official Rules; acts with an intent to annoy, abuse, threaten, or harass any other entrant, Sponsors, or Sponsors’ agents or representatives; or behaves in any other disruptive manner (as determined by Sponsors in their sole discretion).
DISPUTES: The Contest is governed by, and will be construed in accordance with, the laws of the State of New York, and the forum and venue for any dispute shall be in New York, New York. If THE controversy or claim is not otherwise resolved through direct discussions or mediation, it shall THEN be resolved by FINAL AND binding arbitration administered by JUDICIAL ARBITRATION AND MEDIATION SERVICES, INC., in accordance with its Streamlined Arbitration Rules and Procedures or subsequent versions thereof (“JAMS Rules”). The JAMS Rules for selection of an arbitrator shall be followed, except that the arbitrator shall be experienced and licensed to practice law in new york. All proceedings brought pursuant to this paragraph will be conducted in the County of new york. THE REMEDY FOR ANY CLAIM SHALL BE LIMITED TO ACTUAL DAMAGES, AND IN NO EVENT SHALL ANY PARTY BE ENTITLED TO RECOVER PUNITIVE, EXEMPLARY, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, INCLUDING ATTORNEY’S FEES OR OTHER SUCH RELATED COSTS OF BRINGING A CLAIM, OR TO RESCIND THIS AGREEMENT OR SEEK INJUNCTIVE OR ANY OTHER EQUITABLE RELIEF.
WINNER ANNOUNCEMENT: For the names of Winners, available after August 20, 2012, visit the Website, or send a self-addressed, stamped envelope to be received by October 25, 2012 to: Attn: WWHL’s Fans Behind the Bar Contest, Bravo Media LLC, 30 Rockefeller Plaza, New York, NY 10112.