NBC4 Washington Nemacolin Woodlands Resort Sweepstakes
Official Rules
August 1, 2013-August 11, 2013
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 NBC4 Washington Nemacolin Woodlands Resort Sweepstakes (“Sweepstakes”) will begin on August 1, 2013 at 9:00 A.M. ET and end on August 11, 2013 at 11:59 P.M. ET (“Sweepstakes Period”). All times in the Sweepstakes refer to Eastern Time (“ET”). Odds of winning depend upon the number of eligible Entries (as defined below) received. Sweepstakes is subject to all applicable federal, state, and local laws. PRIZE (DEFINED BELOW) DOES NOT INCLUDE TRANSPORTATION.
ELIGIBILITY: Open only to permanent, legal United States (“U.S.”) residents who are physically located and residing 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 twenty-one (21) years of age or older and of the age of majority in their state of residence as of the start of the Sweepstakes Period. Officers, directors, and employees of Sweepstakes 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 Sweepstakes. Sweepstakes Entities, as referenced herein, shall include WRC, 4001 Nebraska Avenue NW, Washington, DC 20016, NBCUniversal Media, LLC, 30 Rockefeller Plaza, New York, NY 10112, (collectively, “Sponsors”), Nemacolin Woodlands Resort (“Prize Provider”), and their respective parent, subsidiary, affiliate and related companies, and their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes.
TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, visit the WRC website at www.nbcwashington.com (the “Website”) and search for “Nemacolin” through the Website search box; OR click on the “contests” link under the search box to be directed to the Sweepstakes page. Then, 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 (“Entry”).
All Entries become the property of Sponsors and will not be acknowledged. Entries must be received before 11:59 P.M. ET on August 11, 2013 to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. Limit one (1) Entry per person or email address during the Sweepstakes Period. Multiple Entries received from any person or email address beyond the stated 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, mobile telephone service, computer or network malfunction or congestion, are void and will not be accepted. In case of a dispute over the identity of an entrant who made a potentially winning Entry, Sponsors reserve the right to deem that the Entry was made by the authorized account holder of the email address submitted at the time of Entry. The “authorized account holder” is defined as the natural person to whom the email address is assigned by an Internet service provider, online service provider, or other organization (e.g., business, educational institution, etc.) 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.
PRIVACY: Entrants will have the opportunity to receive information and promotional materials from WRC and/or Nemacolin Woodlands Resort by checking the appropriate box(es). If, at any time, you no longer wish to receive materials from WRC or Nemacolin Woodlands Resort please go to the WRC privacy policy, located at www.nbcwashington.com/privacy or the applicable partner’s privacy policy, and follow the procedures indicated.
WINNER SELECTION AND NOTIFICATION: On or about August 14, 2013, one (1) potential winner (“Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible Entries received during the Sweepstakes Period. Sponsors will make three (3) attempts within a twenty four (24) hour period to notify potential Winner at the phone number and/or email address submitted at the time of Entry. Potential Winner may be required to execute and return an affidavit of eligibility, release of liability, and, except where prohibited, publicity release (collectively, “Sweepstakes Documents”) within two (2) days of such notification. Noncompliance within this time period will result in disqualification, and, at Sponsors’ sole discretion an alternate potential Winner may be selected from the remaining eligible Entries. If potential Winner cannot be reached, is found to be ineligible, cannot or does not comply with these Official Rules, or if Prize (defined below) or Prize notification is returned as undeliverable, potential Winner will be disqualified and time permitting, at Sponsors’ sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.
PRIZE: There will be one (1) prize awarded (“Prize”). Prize will consist of the following (subject to availability and the sole discretion of Prize Provider): standard accommodations for Winner and one (1) guest (“Guest”) in one (1) standard Chateau Lafayette room (tax and resort fee included) for two (2) nights at the Nemacolin Woodlands Resort, located at 1001 Lafayette Drive, Farmington, PA, 15437 (the “Resort”); and two (2) rounds of golf each for Winner and Guest (four (4) total rounds of golf) at the Mystic Rock Golf Course, located at the Resort, open daily from 7:30 A.M. ET to 5:00 P.M. ET (includes green fees, cart, and caddie fees but does not include caddie gratuity). Estimated Retail Value (“ERV”) of Prize is one thousand seven hundred and eighteen dollars ($1,718). Actual Retail Value (“ARV”) of Prize will vary depending on time of stay at the Resort. Any difference between the ERV and ARV will not be awarded. All arrangements to redeem Prize must be made through representatives of Prize Provider and will be subject to availability and the sole discretion of Prize Provider. Prize must be redeemed by July 31, 2014. Prize is not valid on holidays or holiday weekends. Blackout dates and other restrictions may apply. Gratuities are not included. Prize is non-transferable. Winner will receive a letter that must be presented at time of check-in at the Resort. PRIZE DOES NOT INCLUDE TRANSPORTATION.
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 for any reason 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 Winner. Winner will receive an IRS Form 1099 from Prize Provider for the total ARV of Prize for the calendar year in which Prize was won. 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 lodging facility, 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. If Winner chooses to redeem his/her Prize (or any element of Prize) with no Guest, 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. 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 Prize will be forfeited. Guest, if any, must be eighteen (18) years of age or older. If a Prize element is not available for any reason, as determined by Sponsors in their sole discretion, the remaining elements of Prize shall be awarded and shall constitute full satisfaction of Sponsors’ Prize obligation to Winner and no additional compensation or substitution will be awarded. Prize consists only of the elements expressly set forth above; no other elements or expenses (including without limitation, insurance, gratuities, incidentals, gasoline, and golfing equipment) are included in Prize, and all such expenses are the sole responsibility of Winner. Prize may not be combined with any other offer. Prize is non-refundable and is not valid for business-related or group travel. All travel and lodging will be at the risk of Winner and Guest. Winner and Guest specifically release Sponsors from any and all claims for loss or damage to property, or from personal injuries or death, or from loss or delay, arising out of the acts, omissions, or negligence of any independent contractors, medical personnel or other providers of services or facilities.
CONDITIONS: By entering the Sweepstakes, each entrant agrees for entrant and for entrant’s heirs, executors, and administrators (a) to release and hold harmless Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Provider that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’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, 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes 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 Sweepstakes. 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 Sweepstakes 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 in a random drawing from among all eligible, non-suspect Entries received prior to the time of the event warranting such cancellation, modification, or suspension. 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 Sweepstakes, 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). Sponsors reserve the right to modify these Official Rules for clarification purposes without materially affecting the terms and conditions of the Sweepstakes.
DISPUTES: THE SWEEPSTAKES 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 name of Winner, available after August 14, 2013, visit http://nbcwashington.com, or send a self-addressed, stamped envelope to be received by October 14, 2013 to: NBC4 Washington Nemacolin Woodlands Resort Sweepstakes, NBC4, 4001 Nebraska Avenue NW, Washington, DC 20016 Attn: Advertising & Promotion Department.
