10/12/2011 - Contest Rules for The Perfect NightOut by RaleighNightOut
The Perfect NightOut Contest Rules
The Drawing:
*The winner of The Perfect NightOut delivered by Amra’s Lounge, Road Trip Private Transportation, 42nd Street Oyster Bar, The Marriott Raleigh City Center, and RaleighNightOut.com will be randomly selected on Halloween, October 31, 2011. The winner will be notified as soon as possible after the drawing.
Other Stuff:
*The winner agrees to be in photos and videos of the winner accepting The Perfect NightOut prize and possibly at selected times throughout The Perfect NightOut.
*The winner and all entrants agree to the complete list of The Perfect NightOut contest rules found in the Hot Topics section at http://www.RaleighNightOut.com.
*The winner is responsible for providing their own transportation to and from The Marriott Raleigh City Center.
Ways to Enter:
*Subscribe to the RaleighNightOut.com newsletter by clicking on Subscribe found in the upper right corner of every page at http://www.RaleighNightOut.com and you will receive one entry in the drawing.
*Already a subscriber? No Worries. Simply click on Contact found in the upper right corner of every page at http://www.RaleighNightOut.com. Send us the email from that page with the message: Enter me in The Perfect NightOut drawing. You will receive on entry for each email so enter as often as you like.
*Send your friends to RaleighNightOut.com. You will receive FIVE (5) ENTRIES for each one of your friends who clicks on Contact found in the upper right corner of every page at http://www.RaleighNightOut.com and submits that email referencing your name in the message field.
*Visit the RaleighNightOut.com tent at the Food Truck King event being held Thursday, October 20 from 5:00-9:30pm and register by placing your name and email on the entry form. You will receive one entry
Disclaimer of Responsibility for Entries: RaleighNightOut is not responsible for problems with Contest entries, including but not limited to, entries which are lost, late, misdirected, damaged, incomplete, illegible, or cannot be completed due to electronic or technical difficulties, even if the problem is the result of the sole or partial negligence of RaleighNightOut.
Multiple Entries: Unless otherwise limited by RaleighNighOut, multiple entries are permitted.
False Fraudulent or Deceptive Entries or Acts: Participants who, in the view of RaleighNightOut, provide false, fraudulent or deceptive entries or who engage in false, fraudulent or deceptive acts in connection with the Contest will be disqualified and subject to criminal prosecution.
SPECIFIC ENTRY-METHOD RULES:
Participants must accurately complete all required fields or the entry will be deemed incomplete and will not qualify.
PARTICIPATION PROBLEM DISCLAIMER:
Even if alleged to be caused by the sole or partial negligence of RaleighNightOut or other Contest Entity, RaleighNightOut and the other Contest Entities are not responsible for any problems which affect, or result from, Participation or attempted Participation in the Contest. This includes, but is not limited to, the following problems:
1. Incorrect, incomplete or inaccurate entry information;
2. Human errors;
3. Failures, omissions, interruptions, deletions or defects of any wireless network, telephone network, internet service, computer systems, servers, utility providers, or software;
4. Inability to send a text-message;
5. Identity theft;
6. Tampering, destruction or unauthorized access to, or alteration of, entries or computer data;
7. Network hackers or other unauthorized access to RaleighNightOut’s computer network;
8. Data that is processed late or incorrectly or is incomplete or lost due to wireless network, telephone network, computer or electronic malfunction or traffic congestion on wireless or telephone networks;
9. Printing errors;
10. Equipment malfunctions; and
11. Late, misdirected, lost, misplaced, illegible, mutilated or postage-due entries.
RELEASE OF LIABILITY AND INDEMNIFICATION:
As consideration for entering a Contest, all Participants agree to RELEASE, DISCHARGE AND COVENANT NOT TO SUE B.I.G. Works, LLC d/b/a RaleighNightOut, the other Contest Entities (as described above) and each of their respective direct and indirect affiliates, divisions, parent and subsidiary companies, officers, employees, shareholders, representatives, managers, members, directors, owners, agents, insurers, attorneys, predecessors, successors, and assigns thereof (collectively, the Released Parties), from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest, including, but not limited to, any claim that the act or omission complained of was caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
Additionally, as consideration for entering the Contest, all Participants agree to INDEMNIFY, HOLD HARMLESS, AND DEFEND the Released Parties in any action or proceeding from and against all claims, damages, charges, injuries, losses, proceedings, suits, actions (including but not limited to tort actions, product liability actions, wrongful death actions, warranty actions, breach of contract actions, privacy and defamation actions, misappropriation of likeness actions, identity theft, loss of consortium claims), expenses and attorney fees that they or anyone on their behalf (including but not limited to their heirs, representatives or next of kin) have or might have for any death, injury, damage or claimed injury or damage arising out of, involving or relating to their participation in the Contest or for their failure to comply with the terms of the above release provision. This agreement to indemnify, hold harmless and defend applies even if the act or omission complained of was allegedly caused in whole or in part by the strict liability or negligence in any form of the Released Parties.
ODDS OF WINNING:
The odds of winning any Contest and/or prize will depend upon the number of Contest Participants.
PRIZES:
The actual prizes and value of each prize will vary for each Contest. . No transfer, assignment or substitution of a prize is permitted, except RaleighNightOut reserves the right to substitute a prize for an item of equal or greater value in the event an advertised prize is unavailable. Any difference between the actual value and the approximate retail value of any prize will not be awarded. No substitution or cash equivalent will be made.
RaleighNightOut reserves the right to substitute a prize of equal or greater value if the awarded prize in unavailable for any reason. If tickets to an event are awarded as a prize, RaleighNightOut is not responsible for any cancellation or rescheduling of the event for any reason and has no obligation to reimburse, refund or otherwise substitute the tickets for another prize should the event not be rescheduled or vouchers not issued. Should travel be part of the prize, RaleighNightOut is not responsible for cancellations or delays in travel accommodations and has no obligation to reimburse, refund or otherwise substitute any tickets awarded as a part of a travel prize due to such cancellations or delays.
TAXES:
The Participant prize-winner is solely responsible for determining and paying all federal, state and local taxes (including any sales taxes). Any person winning over $600 in prizes during any one year period will receive an IRS Form 1099 at the end of the calendar year, and a copy of such form will be filed with the IRS.
Winner Selection:
Prize winners will be selected per the criteria announced for the Contest. If the Contest requires Participants to answer trivia, provide information or otherwise perform in some manner to participate and qualify to win, the decisions of RaleighNightOut and/or the other judges will be final as to all matters including the accuracy and/or completeness of the answer, as well as the quality of the information or other performance. If a winner is unable to be notified for any reason for any amount of time, the applicable prize may be forfeited and awarded to an alternate winner.
HOW TO CLAIM PRIZE:
Claiming the Prize: From time to time, in its sole discretion, RaleighNightOut may agree to mail the prize. In the event that a prize is mailed to the winner, the winner will initially be sent any required releases and prize claim forms along with a return, pre-paid overnight delivery air bill. Failure by the winner to return completed forms within five (5) business days may lead to forfeiture of the prize. In the event the prize is mailed to the winner, the winner assumes the risk of the prize's safe arrival.
Prerequisites to Prize Award: Prior to being awarded a prize, winners may be required to provide (1) a valid government-issued photo identification depicting proof of age and (2) a valid taxpayer identification number or social security number. The social security number will be used for tax-reporting purposes. RaleighNightOut reserves the right to deny awarding the prize if the winner fails to provide satisfactory identification, as determined in RaleighNightOut’s sole discretion.
Winners, and, to the extent the winner is a minor then their parent(s) or legal guardian(s) as well, may be required to execute an Affidavit of Eligibility/Release of Liability, a completed IRS W-9 and a Publicity Release before any prize is awarded. By entering a Contest, Participant agrees to execute these documents if selected as a winner in order to receive their prize. If the prize is travel tickets involving travel partners, the travel partners will be required to meet minimum age eligibility requirements and to execute an Affidavit of Eligibility/Release of Liability prior to receiving the companion travel ticket. Except where prohibited by law, failure to execute any of these documents or comply with any of these terms will result in forfeiture of the prize.
Prize Forfeiture: Unless otherwise stated, winners shall have thirty (30) days from the date of selection to claim and pick up their prize. Failure to claim and pick up prize within this time for any reason will result in forfeiture of the prize. RaleighNightOut reserves the right, in its sole discretion, to award unclaimed prizes to alternate contestants or not to award the unclaimed prizes.
Additional Costs: Any costs relating to the prizes are the sole responsibility of the winner.
PUBLICITY RELEASE:
Unless prohibited by applicable law, Participant authorizes and irrevocably grants to RaleighNightOut and the other Released Parties (as defined above) permission to, from time to time, reference and discuss Participant and their participation in the Contest on their website(s) in photographs, video recordings, digital images, audio recordings, as well as in publications, newsletters, news releases, other printed materials, and in materials made available on the Internet or in other media now known or hereafter developed for any purpose RaleighNightOut and/or the Released Parties deem proper. Such reference and discussion may involve Participant's name and voice, and other personal/biographical material or their participation on-air.
DISQUALIFICATION:
All participants agree to be bound by these General Rules. Non-compliance with any of these General Rules will result in disqualification and all privileges as a Participant will be immediately terminated. RaleighNightOut, in its sole discretion, further reserves the right to disqualify any person for: (i) tampering with the entry process or the operation of the Contest; (ii) gaining an unfair advantage in participating in the Contest; (iii) obtaining winner status using false, fraudulent or deceptive means; or (iv) engaging in otherwise unsportsmanlike, disruptive, annoying, harassing, or threatening behavior.
CAUTION: ANY ATTEMPT BY ANY PARTICIPANT OR ANY OTHER INDIVIDUAL TO DELIBERATELY CIRCUMVENT, DISRUPT OR DAMAGE ORDINARY AND NORMAL OPERATION OF ANY CONTEST, TELEPHONE SYSTEMS OR WEB SITE, OR UNDERMINE THE LEGITIMATE OPERATION OF ANY CONTEST IS A VIOLATION OF CRIMINAL AND CIVIL LAWS. SHOULD SUCH AN ATTEMPT BE MADE, RALEIGHNIGHTOUT RESERVES THE RIGHT TO SEEK DAMAGES FROM ANY SUCH INDIVIDUAL TO THE FULLEST EXTENT PERMITTED BY LAW.
RULES CHANGES AND INTERPRETATIONS:
RaleighNightOut reserves the right in its sole discretion to supplement or make changes to these General Rules as well as the rules of any contest at any time without notice. RaleighNightOut reserves the right in its sole discretion to interpret the rules of any contest, and such interpretation shall be binding upon all participants.
GOVERNING LAW AND JURISDICTION:
This Contest shall be governed by and construed in accordance with the laws of the State of North Carolina, without reference to its conflict of laws principles. By entering the Contest, Participants hereby submit to the jurisdiction and venue of the federal and state courts of North Carolina and waive the right to have disputes arising out of the subject matter hereof adjudicated in any other forum. In no event, will any Participant be entitled to injunctive relief or equitable relief of any kind, or restrain the continuation of any Contest.
GENERAL RULES/LIST OF WINNERS:
Copies of these General Rules (as well as any Specific Contest Rules) may be found at www.raleighnightout.com.
For a list of any Contest winners send an email to: info@raleighnightout.com and reference [Contest Name]'s in your email.
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