NBC4 Broccoli City Festival Sweepstakes: Official Rules

NBC4 Broccoli City Festival Sweepstakes

Official Rules

April 21, 2017 – April 24, 2017

PRELIMINARY INFORMATION: NO PURCHASE NECESSARY. A PURCHASE WILL NOT IMPROVE YOUR CHANCES OF WINNING. Void outside the WRC Terrestrial Geographic Viewing Area (as defined below) and where prohibited. The NBC4 Broccoli City Festival Sweepstakes (“Sweepstakes”) will start on April 21, 2017 at 9:00 A.M. ET and end on April 24, 2017 at 5:00 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 received. Sweepstakes is subject to all applicable federal, state and local laws. PRIZE (DEFINED BELOW) DOES NOT INCLUDE ACCOMMODATIONS, TRANSPORTATION, OR PARKING.

ELIGIBILITY: Open only to permanent, legal United States residents who are physically located and residing in the District of Columbia; the counties of Allegany, Calvert, Charles, Frederick, Montgomery, Howard, Anne Arundel, Prince George's, St. Mary's, and Washington in the state of Maryland; the counties of Arlington, Clarke, Culpepper, Fairfax, Fauquier, Frederick, King George, Loudoun, Page, Prince William, Rappahannock, Shenandoah, Spotsylvania, Stafford, Warren, and Westmoreland in the state of Virginia; and, the counties of Berkeley, Jefferson, Mineral, Hampshire, Morgan, Hardy and Grant in West Virginia (collectively, the “WRC Terrestrial Geographic Viewing Area”), and who are twenty-one (21) years of age or older 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”), Think Broccoli, LLC, 2251 Eisenhower Ave, #818m Alexandria , VA 22314 (“Prize Provider”), and their respective parent, subsidiary, and affiliate companies, their administrative, advertising, and promotion agencies, and any other entity involved in the development, administration, promotion, or implementation of the Sweepstakes. Guests must be twenty-one (21) years of age or older as of the start of the Sweepstakes Period.

HOW TO ENTER: To enter the Sweepstakes, during the Sweepstakes Period, use your personal Instagram account to visit the Instagram page located at https://www.instagram.com/nbcwashington/ (the “Page”) and follow @NBCWashington. Once you follow @NBCWashington, you will be required to (i) submit an answer (“Answer”) to the question “Why do you want to win NBC4’s Broccoli City Festival Sweepstakes” on @NBCWashington’s post on the Page that will be posted on April 21, 2017 on or about 9:00 A.M. ET (the “Post”) and, (ii) tag a friend in the comments section of the Post (“Entry”). You must follow @NBCWashington throughout the Sweepstakes Period and for at least fifteen (15) days thereafter (for potential notification purposes) to participate in the Sweepstakes and be eligible to win. You may unfollow @NBCWashington after the fifteen (15) day notification period. Answer will not affect your chances of winning. If your Instagram account is set to the “Posts are Private” setting, your Instagram Entry may be disqualified and rejected as ineligible for consideration in the Sweepstakes. An Instagram account is required to enter the Sweepstakes via Instagram. If you do not already have an Instagram account, you can go to www.instagram.com to create a free Instagram account. If you choose to submit your Instagram Entry via your web-enabled mobile device, data rates may apply. See your wireless service provider for details on rates and capabilities. All Entries become the property of Sponsors and will not be acknowledged.

If any Entry contains material that is violent, pornographic, obscene, illegal, inappropriate, or racially or morally offensive or if any Entry does not comply with these Official Rules or meet Sponsors’ standards for any reason, as determined by Sponsors in their sole discretion, such Answer (and related Entry) may be rejected as ineligible for consideration and/or deleted from the @NBCWashington Instagram page, if applicable. Entries must comply with all applicable laws, rules, and regulations. Sponsors shall have no obligation to copy, publish, display, or otherwise exploit the Answer.

Limit one (1) Entry per person/Instagram account during the Sweepstakes Period. Multiple Entries received from any Instagram account beyond this limit will void all such additional Entries. Entries must be received before April 24, 2017 at 5:00 P.M. ET to be eligible for the Sweepstakes. Sponsors’ computer shall be the official timekeeper for all matters related to this Sweepstakes. 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 Instagram account used to enter will be deemed to be the entrant. “Authorized account holder” of an Instagram account is defined as the person assigned to the Instagram account by the Instagram website. Entry constitutes permission (except where prohibited by law) to use entrant’s name, Instagram user 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.

WINNER SELECTION AND NOTIFICATION: On or about April 25, 2017, three (3) potential winners (“Winners,” each a “Winner”) will be selected in a random drawing by representatives of Sponsors from all eligible entries received during the Sweepstakes Period. Sponsors may share potential Winners’ names and contact information with Sweepstakes Entities and/or any prize provider, as applicable, if necessary. Sponsors will make two (2) attempts to notify potential Winners by sending a direct message with contact instructions to each Winner’s Instagram account. Winners must each respond with his or her email address within one (1) day of winner notification. Potential Winners 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 Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries. If potential Winners cannot be reached, are found to be ineligible, cannot or do not comply with these Official Rules, or if Prize (defined below) or Prize notification is returned as undeliverable, such potential Winner will be disqualified and, time permitting, at Sponsor’s sole discretion, an alternate potential Winner may be selected from the remaining eligible Entries.

PRIZE: There will be three (3) prizes awarded (“Prizes,” each a “Prize”) awarded; one (1) Prize will be awarded to each Winner. Each Prize consists of the following: two (2) VIP Influencer Tickets for Winner and one (1) guest (“Guest”) to BC Fest scheduled to take place on May 6, 2017 from 12:00 P.M. ET – 10:00 P.M. ET at Gateway DC, located at 2730 Martin Luther King Jr Ave SE, Washington, DC 20032 (includes general admission to concert, Broccoli Bites benefits, 15% off all Broccoli City merchandise, and access to all VIP areas, including Main Stage Pit Access, lounge area, dedicated bars, and luxury bathrooms) (“Event 1”); two (2) passes for Winner and Guest to the Broccoli City Conference (including lunch and dinner) scheduled to take place on May 5, 2017 from 9:00 A.M. ET – 6:00 P.M. ET at the Kellogg Conference Center, located at 800 Florida Ave NE, Washington, DC 20002 (“Event 2”); two (2) tickets for Winner and Guest to a public screening of Wattstax (immediately after the Broccoli City Conference) scheduled to take place on May 5, 2017 at Oprah Winfrey Theater in NMAAHC, located at 1400 Constitution Ave NW, Washington, DC 20560 (“Event 3”); two (2) RSVPs for Winner and Guest to the Opening Keynote Address & Dinner scheduled to take place May 4, 2017 from 5:00 P.M. ET – 9:00 P.M. ET at Google Office DC, located at 25 Massachusetts Ave NW #900, Washington, DC 20001 (“Event 3”); two (2) tickets for Winner and Guest to BC All Night Access (Art & Music Pop Up) scheduled to take place on May 4, 2017 from 10:00 P.M. ET – 2:00 A.M. ET in Ivy City DC, located at Fenwick St NE, Washington, DC 20002 (“Event 4”); two (2) tickets for Winner and Guest to the BC 5k Run & Fitness scheduled to take place on April 29, 2017 from 9:00 A.M. – 1:00 P.M. ET at Anacostia Park, located at 1900 Anacostia Dr., Washington, DC 20020 (“Event 5”); and, two (2) one-year subscriptions for Winner and Guest to The Red Bulletin Magazine (“Subscription”). Subscription is subject to certain terms and conditions. Restrictions apply. Guests must be twenty-one (21) years of age or older as of the start of the Sweepstakes Period.

Event 1, Event 2, Event 3, Event 4 and Event 5 may collectively be referred to herein as “Event” or “Events.”

Estimated Retail Value (“ERV”) of each Prize is seven hundred ninety dollars ($790). Total ERV of all Prizes is two thousand three hundred seventy dollars ($2,370). Actual Retail Value (“ARV”) of Prize may vary. Any difference between ARV and ERV will not be awarded. For any Prize with an ARV of six hundred dollars ($600) or more, Sponsors will furnish an Internal Revenue Service Form 1099 to Winners for the ARV of Prize for the tax year in which Prize was awarded.

All details of Prize will be determined by Sponsors in their sole discretion. Sponsors reserve the right to substitute a similar Prize (or Prize element) of comparable or greater value at their sole discretion. Certain restrictions and blackout dates may apply. All taxes and other expenses, costs, or fees associated with the acceptance and/or use of each Prize are the sole responsibility of each Winner. If a 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 Event is subject to change. Event is subject to cancellation. If Winners chooses to attend the Event with no Guests, the remaining elements of Prize shall constitute full satisfaction of Sponsors’ Prize obligation to Winners and no additional compensation will be awarded. Guests, 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. Guests must be twenty-one (21) years of age or older as of the start of the Sweepstakes Period.

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, Instagram, 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 supplier that are sent along with Prize; (c) if selected as a Winner, to the posting of such entrant’s name on http://www.nbcwashington.com/ 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 at nbcwashington.com. 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; PROVIDED, HOWEVER, THAT CLAIMS FOR BODILY INJURY, PERSONAL INJURY, OR PROPERTY DAMAGE ARISING OUT OF THE REDEMPTION, USE OR MISUSE OF ANY PRIZE (“PRIZE CLAIMS”) MUST BE SUBMITTED TO THE JURISDICTION AND VENUE OF THE FEDERAL AND STATE COURTS OF THE STATE OF FLORIDA, AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF FLORIDA. EXCLUDING PRIZE CLAIMS, 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 the Winners, available after May 2, 2017, send a self-addressed, stamped envelope to be received by July 2, 2017 to: NBC4 Broccoli City Festival Sweepstakes, 4001 Nebraska Avenue NW, Washington, DC 20016, Attn: Mona Nabili.

This Sweepstakes is in no way sponsored, endorsed or administered, or associated with Instagram. Entrants are providing information to Sponsors and not to Instagram.

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