These Hershey Park “Washington’s Sweetest Family Contest” (the “Contest”) Voting Rules and Procedures (the “Voting Rules and Procedures”) are subject to change at any time at the sole discretion of WRC and NBC Universal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsor”). All terms capitalized herein, but not defined herein, shall have the meaning assigned to such terms in the Official Rules of the Contest available by Clicking here: www.nbcwashington.com. Void where prohibited.
Eligibility: You must be eighteen (18) years of age or older and the age of majority in your state of residence and have a valid, working email address to submit your vote (“Vote”). You must be a permanent legal resident of the United States or the District of Columbia and 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. Votes must be cast by the registered subscriber of the email account provided when the Vote is made.
How To Vote: Voting is simple and easy. To vote visit www.nbcwashington.com (the “Web site”) to view the top ten (10) Finalist Statements and Photos, which will be posted on the Web site during the Voting Period (as defined below), then follow the provided instructions to register by providing your working e-mail address and vote by clicking on the box next to your selection (“Voting”). You may only access the Web site once per day and you may only vote for one (1) Finalist at a time. A day is twenty-four (24) hours starting at 12:01 AM Eastern Time (“ET’) and ending 11:59 PM ET on the same day. Voting will be conducted pursuant to these Voting Rules and Procedures and any such other rules and procedures as Sponsor may from time to time designate in its sole discretion.
Voting Period and Restrictions: Voting is open beginning on or about June 27, 2011 at 9:00 a.m. ET and ending on or about July 10, 2011 at 11:59 p.m. ET (“Voting Period”), or on such other dates as posted on the Web site until the deadline announced on the Web site. Votes received after the end of the Voting Period will not be counted. Sponsor’s computer shall be the official timekeeper for all matters related to Voting. Voting is limited to one (1) Vote per person/email address per day during the entire Voting Period. Any additional votes you try to cast will NOT count. However, Sponsor reserves the right to change the foregoing restrictions in its sole discretion. Notification regarding any such change(s) will be posted on the Web site.
General Conditions: Sponsor has the right, in its sole discretion, to void any Vote that appears to have been made by a person not meeting the eligibility requirements set forth above, or to be an automated or duplicate Vote, and has the right to permanently disqualify from Voting (and void all related Votes of) any person it believes has violated these Voting Rules and Procedures. If for any reason Voting is not capable of being run or implemented as planned, including, but not limited to, as the result of infection by computer viruses or bugs, tampering, unauthorized intervention, fraud, or any other cause which is likely to, or actually corrupts or affects the administration, security, fairness, integrity, or proper conduct of Voting, then Sponsor reserves the right, in its sole discretion, to withdraw the transmission of any Vote and/or to terminate or suspend Voting at any point and declare a Winner based upon the Votes up to that point. In the event of technical difficulties with Voting, including, but not limited to, mobile or Internet service interruptions, Sponsor reserves the right to review the Votes for accuracy and to take any appropriate action, including, without limitation, voiding the Votes cast during the time period in which such technical difficulties occurred. Sponsor, and its respective parents, affiliates, subsidiaries, and advertising and promotion agencies, any other entity involved in the development or administration of the Voting, and each of their respective directors, officers, employees and assigns (collectively the “Released Parties”) are not responsible for any computer, network, technical, electronic, human or other errors or problems of any kind, for any injury or damage to participants or to any person’s computer or mobile phone relating to or resulting from Voting or downloading materials or software in connection with the Voting, or for Votes that are stolen, misdirected, garbled, delayed, lost, or late. By participating, each individual agrees to release and hold the Released Parties harmless against any and all claims and liability of any kind arising in whole or in part, directly or indirectly, out of their participation in the Voting.
Caution: Any attempt by you or any other individual to deliberately damage any online service, mobile service, or web site, tamper with the Voting process, or otherwise undermine the legitimate operation of the Voting is a violation of criminal and civil laws and should such an attempt be made, Released Parties reserve the right to seek damages and/or other remedies from any such person to the fullest extent permitted by law.
Disputes: THESE RULES, AND SUBMISSION OF YOUR VOTE, ARE 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 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.