The “Miley Cyrus Giveaway” (the “Sweepstakes”)
NO PURCHASE NECESSARY TO ENTER OR WIN. A PURCHASE OR PAYMENT OF ANY KIND WILL NOT INCREASE YOUR CHANCES OF WINNING.
PROMOTION DESCRIPTION: The Sweepstakes begins on March 21 , 2010 at 12:01 a.m. Pacific Standard Time (“PST”) and ends on April 30, 2010 at 11:59 p.m. PST (the “Promotion Period”). By participating in the Sweepstakes, each entrant unconditionally accepts and agrees to comply with and abide by these Official Rules and the decisions of TeenChive.com (“Sponsor”), which shall be final and binding in all respects.
ELIGIBILITY: Only legal residents of the forty-nine (49) United States (excluding Rhode Island) and the District of Columbia who are thirteen (13) years of age or older and located in the United States (excluding Rhode Island) at the time of entry are eligible to enter the Sweepstakes. Employees of Sponsor and its respective parents, subsidiaries, affiliates, distributors, retailers, sales representatives, advertising and promotion agencies and each of their respective officers, directors and employees (and immediate family members and those persons living in the same household of any such officers, directors and employees) (collectively, the “Promotion Entities”), are ineligible to enter the Sweepstakes or win the prize. Subject to all applicable federal, state and local laws and regulations. Void in Rhode Island, Puerto Rico, all U.S. territories and possessions and overseas military installations, and where prohibited or restricted by law.
HOW TO ENTER: During the Promotion Period, visit the website “http://teenchive.com/teenchive-sweepstakes-miley-cyrus-giveaway/” (the “Website”) and submit the entry in accordance with the instructions thereon. Entrants need not actually join Twitter or “re-tweet” to be eligible for the prize, if you would like to enter without tweeting please send an email to TeenChive@gmail.com. All entries who send the email to TeenChive@gmail.com as instructed on the Website will be entered into the Sweepstakes subject to meeting the other eligibility requirements set forth herein. All entries must be actually received by no later than the end of the Promotion Period in order to participate. The Website’s database clock will be the official time keeper for this Sweepstakes. Limit one (1) entry per person and/or per e-mail address during the Promotion Period. All required information requested must be completed to enter and to be eligible to win. Proof of entering information is not considered proof of delivery to or receipt by Sponsor of such entry. Any communication, data or other information transmitted by an entrant in connection with the Sweepstakes, whether by electronic mail, data survey/query or otherwise, is and will be treated as non-confidential and non-proprietary. Entries become the exclusive property of the Sponsor and will not be returned.
NOTE: Internet entry must be made by the entrant only through email as instructed on the Website. Entries made by any other individual or any entity, and/or originating at any other website or e-mail address, including but not limited to commercial sweepstakes subscription notification and/or entering service sites, will be declared invalid and disqualified for this Sweepstakes. The use of any device to automate the entry process is prohibited.
WINNER SELECTION AND NOTIFICATION: The winner will be randomly selected from all eligible entries received throughout the Promotion Period. The potential winner will be notified by telephone and/or mail and/or email using the contact information given at the time of entry. Sponsor shall have no liability for any winner notification that is not received by the potential winner for any reason. Potential winners must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements set forth herein. The potential winner will be selected on or about May 7, 2010 and will be notified by Sponsor shortly thereafter. If the selected entrant cannot be reached within two (2) business days after the date of the drawing or after two (2) attempts to contact him/her, whichever comes first, or if the selected entrant is otherwise ineligible, Sponsor shall have the right to choose another entrant from the remaining eligible entries. All prizing shall be subject to the terms hereof, including those set forth in the section below titled “GENERAL PRIZE CONDITIONS.”
PRIZE/ODDS: One (1) Grand Prize is available. The Grand Prize winner will receive the Grand Prize consisting of one (1) download of Miley Cyrus’ Album “The Time of our Lives” from iTunes (ARV $10). THE TOTAL ARV OF THE GRAND PRIZE IS $10. No refund or compensation will be made in the event of unavailabilty of the prize. Restrictions, conditions and limitations may apply. Prize is non-assignable and non-transferable. No cash alternative or prize substitutions will be allowed except that Sponsor retains the right to substitute a prize of comparable or greater value (or at Sponsor’s election, the cash value of the applicable prize) in the event a stated prize is unavailable, in whole or in part, for any reason. Odds of winning depend on the number of eligible entries received during the Promotion Period.
GENERAL PRIZE CONDITIONS: The winner shall be solely responsible for all federal, state and/or local taxes, and for any other fees or costs associated with the prize awarded. Potential winner may be required to execute an Affidavit of Eligibility, a Liability Release, and (where legal) a Publicity Release (collectively, “Prize Claim Documents”). If a potential winner is not of legal age of majority in his or her state of residence (a “minor”), at Sponsor’s option, the applicable prize either will be awarded in the name of parent or legal guardian of winner, or parent or legal guardian of winner will be required to ratify and sign Prize Claim Documents. If a potential winner (or, in the case of a minor, such minor potential winner’s parent or legal guardian) fails or refuses to sign and return all Prize Claim Documents within three (3) days of prize notification, such potential winner may be disqualified and an alternate winner may be selected.
GENERAL RELEASE: Except where prohibited, participation in the Sweepstakes constitutes winner’s permission for each of the Promotion Entities to use winner’s name, photograph, likeness, voice, biographical information, statements and address (city and state) for advertising and/or publicity purposes in connection with the Sweepstakes only worldwide and in all forms of media now known or hereafter developed, in perpetuity, without further compensation. Each entrant agrees that the Promotion Entities are not responsible for: (A) any incorrect or inaccurate information, whether caused by entrants, printing errors or by any of the equipment or programming associated with or utilized in the Sweepstakes; (B) technical failures of any kind, including, but not limited to malfunctions, interruptions, or disconnections in phone lines or network hardware or software; (C) unauthorized human intervention in any part of the entry process or the Sweepstakes; (D) technical or human error which may occur in the administration of the Sweepstakes or the processing of entries; or (E) any losses, damages or injuries of any kind resulting from participation in the Sweepstakes or in any Sweepstakes related activity, or from entrants’ acceptance, receipt, possession and/or use or misuse of any prize. Each entrant acknowledges and agrees that no Promotion Entity has made any warranty, representation or guarantee, express or implied, in fact or in law, with respect to any prize, including, without limitation, to such prize’s quality or fitness for a particular purpose. In the event of a dispute as to the identity of an entrant which cannot be resolved to Sponsor’s satisfaction, the entry will be deemed ineligible. Sponsor reserves the right in its sole discretion to disqualify any individual who is found to be tampering with the entry process or the operation of the Sweepstakes or the Website, to be acting in violation of these Official Rules, or to be acting in an unsportsman-like or disruptive manner, or with the intent to disrupt or undermine the legitimate operation of the Sweepstakes, or to annoy, abuse, threaten or harass any other person, and Sponsor reserves the right to seek damages and other remedies from any such person to the fullest extent permitted by law. No mechanically reproduced, illegible, incomplete, forged, software-generated or other automated multiple entries will be accepted.
DISPUTES: By entering the Sweepstakes, each entrant agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with the Sweepstakes or any prizes awarded, shall be resolved individually, without resort to any form of class action; (ii) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event will attorneys’ fees be awarded or recoverable; and (iii) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby knowingly and expressly waives all rights to seek, punitive, incidental or consequential damages and/or any other damages, other than actual out-of-pocket expenses, and/or any and all rights to have damages multiplied or otherwise increased.
GOVERNING LAW/JURISDICTION: ALL ISSUES AND QUESTIONS CONCERNING THE CONSTRUCTION, VALIDITY, INTERPRETATION AND ENFORCEABILITY OF THESE OFFICIAL RULES OR THE RIGHTS AND OBLIGATIONS OF ENTRANTS, SPONSOR, AND PROMOTION ENTITIES IN CONNECTION WITH THE SWEEPSTAKES SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE INTERNAL LAWS OF THE STATE OF CALIFORNIA WITHOUT GIVING EFFECT TO ANY CHOICE OF LAW OF CONFLICT OF LAW RULES OR PROVISIONS THAT WOULD CAUSE THE APPLICATION OF ANY OTHER STATE’S LAWS.
SPONSOR: TeenChive.com 2118 Armour Place, Los Angeles, CA 90056.
WINNERS LIST: For the list of prize winners or a copy of the Official Rules, mail a self-addressed, stamped envelope to Sponsor’s address listed above (VT residents may omit return postage) by no later than June 30, 2010.