May 31, 2011 – July 10, 2011
PRELIMINARY INFORMATION: No purchase necessary. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void outside the WRC terrestrial geographic viewing area (described below) and where prohibited. The Hershey Park “Washington’s Sweetest Family” Contest (“Contest”) begins at 12:01 a.m. ET on May 31, 2011 and ends at 11:59 p.m. ET on July 10, 2011. ("Contest Period"). All times in the Contest refer to Eastern Time (“ET”). Contest is subject to all applicable federal, state and local laws. Prize (defined below) does not include transportation.
SPONSORS: Hershey Park, located at 100 W. Hersheypark Drive, Hershey, PA 17033, WRC, located at 4001 Nebraska Avenue, N.W., Washington, DC 20016 (“WRC”) and NBCUniversal Media, LLC, located at 30 Rockefeller Plaza, New York, NY 10115 (“NBC”), shall be the sponsors of this Contest and shall be referred to herein collectively as “Sponsors”.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically located in the WRC terrestrial geographic viewing area in the District of Columbia; the counties of Arlington, Fairfax, Prince William, Spotsylvania, Stafford, Frederick, Clarke, Fauquier, Loudoun, Warren, Jefferson, Culpeper, King George, Orange, Page, Rappahannock, Shenandoah, and Westmoreland in Virginia; the counties of Berkeley, Grant, Hampshire, Hardy, Mineral, and Morgan in the state of West Virginia; the counties of Montgomery, Prince George’s, Calvert, Charles, Frederick, Allegany, St. Mary’s, and Washington in the state of Maryland; and the county of Fulton in the state of Pennsylvania and who are eighteen (18) years of age or older and of the age of majority in their state of residence as of the start of the Contest Period. Officers, directors, and employees of Contest Entities, members of these persons’ immediate families (spouses and/or parents, children, and siblings, and their spouses), 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 Sponsor 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.
TO ENTER: To enter, access the WRC website at www.nbcwashington.com (the “Website”), search “Hershey Park”, and click on the Contest link. Download, print, and complete the entry form (the “Entry Form”), which includes your name, address, phone number, email address, and date of birth. As part of entering the Contest, you will also be required to submit the following according to the instructions provided on the Website: (a) one (1) photo of your/the “deserving” family (“Photo”) and (b) a brief statement (fifty (50) words or less) why your/the “deserving” family deserves to win a VIP trip for four (4) to Hershey Park (“Statement”). Entrant must be the parent or legal guardian of any minors appearing in Photo. Photo must have been taken within one (1) year of the start of the Contest Period and be submitted in a jpg format, no larger than 100k. Entry Form, Statement and Photo will together constitute your entry into the Contest (“Entry”). You may submit your Entry one (1) of the following ways:
(1) you can send your Entry via email with The Hershey Park “Hershey Park Family” Contest in the subject line to nbc4contests@nbc.com (“Email Entry”) or (2) you can mail your Entry to: Hershey Park Contest, WRC, 4001 Nebraska Avenue, N.W., Washington, DC 20016 (“Mail Entry” and together with Email Entries will be referred to herein as “Entry”). Entry Forms will also be available at the above address. By entering, you agree that the Photo and Statement (collectively referred to herein as the “Submissions”) and any other portion of your Entry may be broadcast on television or may appear on the Website, and in connection with Contest, subject to Sponsors’ sole discretion. All Entries become the property of Sponsors and will not be acknowledged or returned. Email Entries must be received before 9:00 a.m. ET on June 20, 2011, to be eligible for the Contest. Mail Entries must be postmarked by June 20, 2011 and received by June 23, 2011. You may enter only once during the Contest Period. Multiple Entries received from any person or email address beyond this limit will void all such additional entries. The same Submissions (or portions thereof) may not be used for more than one (1) Entry. Multiple Entries received for any Submissions (or portions thereof) will void all such additional Entries and contestants submitting such multiple Entries may be disqualified as determined by Sponsors in their sole discretion. Only the first eligible Entry featuring such Submission will be eligible for entry. Entries that are incomplete, garbled or unintelligible for any reason are void and will not be accepted. Each Submission must be original, truthful (as applicable), unpublished, created solely by the submitting contestant, and must not have been submitted in any other competition, and or infringe upon any rights of any third party, including but not limited to copyright, trademark and right of privacy and publicity. Entry constitutes permission (except where prohibited by law) to use contestant'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.
By entering the Contest, contestant grants Sponsors the non-exclusive, royalty-free, and irrevocable right to use, reproduce, copy, publish, display, distribute, perform, translate, adapt, modify, edit (including for length) and otherwise exploit the contestant’s Submissions (or any portions thereof) and to incorporate the Submissions (or any portions thereof) in other works in any and all markets and media now or hereafter known, throughout the world in perpetuity, without additional compensation, notification, permission or approval. Contestants warrant that they have the sole and exclusive right to grant such rights to Sponsors and that Sponsors’ reproduction, publishing, displaying, and/or other use of their Entry, or any portions thereof, will not infringe on any rights of third parties, including, without limitation, copyright, trademark, privacy, or publicity, or create claims for false light, idea misappropriation, intentional or negligent infliction of emotional distress, defamation, or breach of contract. Any Submissions containing material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or that does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, will be rejected as ineligible for consideration. Entries must comply with all applicable laws, rules, and regulations. Contestant also warrants that he/she has obtained written permission when photographing/filming on private property not owned or controlled by contestant, and from all persons appearing in contestant’s Photo (or their parents or legal guardians if any such persons are minors in their state of residence), where such permission is required. Upon request, you must provide Sponsors with signed releases from the owners of any private property where you photographed/filmed and/or the parents/legal guardians of any minors appearing in your Photo. Photo must have been taken within one (1) year of the start of the Contest Period. Other than minor changes to lighting and coloring, Photo must not have been altered or edited in any manner that distorts the original photograph. The manner and the duration of posting Submissions (and/or any other relevant contestant information as determined by Sponsors in their sole discretion) or any portions thereof on the Website, or on any other website or in any other venue are at the sole discretion of Sponsors, however, Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Submissions (or any portions thereof). Past experience has confirmed that contests and other competitions of this nature generate substantially similar submissions or entries that closely resemble concepts and ideas that have been independently developed by Released Parties (as defined below) before or after such contests or competitions. Accordingly, contestants may subsequently see a Released Party presentation that seemingly incorporates an idea or concept or includes materials similar to that contained in their Entry. Any similarity is purely coincidental and unavoidable in light of the volume of ideas that Released Parties routinely consider in the course of their business development.
WINNER SELECTION AND NOTIFICATION: On or about June 24, 2011, up to ten (10) finalists (“Finalists”) will be selected by a panel of Hershey Park and WRC staff chosen by Sponsors in their sole discretion (collectively, “Judges”). Entries will be judged on a ten (10)-point scale based on the following judging criteria (“Judging Criteria): originality of statement (five (5) points) and creativity of Photo (five (5) points). All decisions by the Judges will be final and binding. The combined score of the Statement and Photo will result in the score for each Entry. The Contestants who submitted the Entries with the ten (10) highest point totals will be named Finalists. Sponsors reserve the right to select fewer than ten (10) Finalists, or no Finalists and/or to terminate the Contest or extend the Contest Period, if, in Sponsors’ sole discretion, an insufficient number of eligible, tasteful, or appropriate Entries are received.
ONLINE VOTING: Finalists’ Submissions will be posted on the Website from June 27, 2011 at 9:00 a.m. ET to July 10, 2011 at 11:59 p.m. ET (“Voting Period”) or on such other dates and at such other times as determined by Sponsors in their sole discretion, to be voted on by visitors to the Website according to the voting rules and procedures established by Sponsors, which will be posted on the Website. At the start of the Voting Period, each Finalist’s information will be posted on the Website in a randomized manner After viewing the Finalist’s information, visitors may vote for their favorite Finalist online by following the provided instructions and in accordance with the voting rules and procedures. Limit one (1) vote per person/email address per day during the Voting Period, voting rules and procedures, and voting methods are subject to change, at Sponsors’ sole discretion, and any changes will be posted on the Website. The Finalist with the most votes during the Voting Period will be the potential winner (“Winner”) of the Contest. In the event of a tie between two (2) or more Entries at either the Finalist judging stage or after the Voting Period, the tied Entries will be sent to a tie-breaking Judge selected by Sponsors in their sole discretion who will rescore the tied Entries based on the Judging Criteria listed above. All potential Finalists shall be selected subject to verification of eligibility and compliance with the terms of these Official Rules.
Sponsors will make two (2) attempts to notify potential Winner at the phone number and/or email address submitted at the time of entry. If a potential Winner cannot be reached, is found to be ineligible cannot or does not comply with these Official Rules such potential Winner may be disqualified and the contestant with the next highest number of votes may be selected as an alternate potential Winner. The potential Winner will be required to execute and return an eligibility release, release of liability, and, except where prohibited, publicity release (collectively, “Contest Documents”) within seven (7) business days of notification by the Sponsors. If a potential Winner does not comply within this time period, cannot be reached, is found to be ineligible or cannot or does not comply with these Official Rules, such potential Winner may be disqualified and the Finalist with the next highest number of votes listed above may be selected as an alternate Winner.
PRIZE: There will be one (1) prize (“Prize”) awarded to the Winner consisting of: (1) accommodations (standard room, quad-occupancy) for Winner and up to three (3) guests (“Guests”) at the Hershey Lodge at Hershey Park; and (2) four (4) two (2)-day admissions to Hershey Park (“Park”), including admission to Zoo America, Hershey Gardens, and the Hershey Story (“Tickets”). Estimated retail value (“ERV”) of Prize is eleven hundred and twenty-nine dollars and sixty cents. ($1,129.60). Actual retail value (“ARV”) will vary depending on dates of stay at Hershey Lodge and attendance at Hershey Park. Any difference between the stated ERV and ARV will not be awarded. Sponsors will furnish an Internal Revenue Service Form 1099 to Winner for the ARV for the tax year in which the Prize was awarded. All Prize details, including form of prizes, are at Sponsors’ sole discretion. Sponsors reserve the right to substitute a similar prize of comparable or greater value at their sole discretion. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of Prize are the sole responsibility of winners. Prize cannot be transferred by Winner and is valid only for the items detailed above, with no substitution of prizes by Winner. If Prize is unclaimed, it will be forfeited, and such Prize may be awarded to the Finalist with the next highest number of online votes as determined by the Sponsors in their sole discretion. If a Prize element is not available for any reason, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner, and no additional compensation will be awarded. Sponsor shall have no responsibility or liability for cancellations, delays, or any other change by any company or person providing any element of Prize due to reasons beyond Sponsors’ control, and are not responsible or liable for any expenses incurred as a consequence thereof. Tickets are valid during normal operating hours only. Operating hours and availability of attractions and shows are subject to change without notice. Some special events may be separately ticketed. Tickets are subject to certain terms and conditions as specified thereon. Attendees agree to comply with all applicable Park regulations in connection with Prize. If Winner chooses to redeem Prize with fewer than three (3) Guests or no Guests, only the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Winner chooses to redeem Prize with no Guest, that portion of the Prize will not be awarded and the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsor’s Prize obligation to Winner and no additional compensation will be awarded. Guests, if any, may be required to execute and return a release of liability and, except where prohibited, publicity release (“Guest Documents”), which must be returned with the Contest Documents, or Prize will be forfeited and an alternate Winner may be selected from the remaining eligible Entries. Certain blackout periods and restrictions may apply. Any illustrations and/or depictions of Prize are for illustrative purposes only and Prize element images shown in any promotional material may not be actual Prize elements awarded. All travel will be at the risk of the Grand Prize Winner and Guest. All Prize elements must be redeemed at the same time. Prize does not include transportation.
CONDITIONS: By entering the Contest, each contestant agrees for contestant and for contestant’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 contestant’s participation in the Contest and/or his/her acceptance, possession, use, or misuse of a 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 the prizes; (c) if selected as a Winner, to the posting of such contestant’s name on the 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 (by parent or legal guardian if necessary), 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 and Judges, whose decisions 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 semi-finalist or Winners as applicable 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 described above. Notice of such cancellation, modification, or suspension will be posted on the 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 JAMS 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 name of Winner, available after July 22, 2011, go the Website or send a stamped, self-addressed envelope to Hershey Park “Sweetest Family” Contest Winner, NBC4/WRC, 4001 Nebraska Avenue NW, Washington, DC 20016, Attn: Advertising & Promotion Department by August 31, 2011.
